Anpr pcn

Umkomaas

JonnyRotten wrote: »

fillyaboots

Concentrate on this, or you will find yourself a lot poorer!

You must take your time to read advice given in the threads until you understand what you are being told.

Your priority is POPLA and now you've got the POPLA code, so follow the POPLA link at Newbies Thread #3 at this location - https://forums.moneysavingexpert.com/discussion/4816822

Follow it to the T.

The BPA investigation can be dealt with after you have sorted your POPLA appeal.

Ensure that your crafted submission is as near to perfect as you can get it, no doubt if you post it here with the giveaway details redacted, some kind hearted expert will help you to get it right.

One thing that would help you would be to get the ParkingPranksters two guidance documents (one free and one a small payment). These explain the complete process and make it a bit easier to understand what all is being discussed within these threads. Here is the link to him - http://www.parking-prankster.com - then it is obvious.

Getting more JonnyRotten daily

Great advice JR, you really are a welcome and fresh-breath addition to the advice 'team'. You can really make a positive difference here.

I like your changing ending line, each and every post. I remember on another forum I am involved in a similar 'sign off' from a 'Johnny One Trout'. Any relation?

Getting more Maas o Kum daily. Whoops!

fillyaboots

I have been working away and forgot about this:eek:
I came home to a Notice of Intent from ANPR Ltd.
I also received a letter and documents from EXPEDION about Court Proceedings.
Having read lots of info regarding my POPLA appeal, nothing appears to fit my case, and my head is awash with information overload.
Can I email my POPLA appeal or do I need to post
I have 10 days left for my appeal

trisontana

"Expedion" is the next desk along in Trev's garden shed. The "court proceedings" letter is yet another pathetic attempt to make you pay up. ANPR have never taken anyone to court.

Half_way

I would be tempted to put a few posters up around the place warning motorists of ANPRs status, as well as a few Pepipoo flyers


Warning to all residents, and visitors - ANPR ltd
The company issuing tickets on this site ANPR limited has been Formally suspended from its own Trade Association for Various serious breaches and as such can not access your data from the DVLA for the duration the suspension.
If you receive a ticket - ignore it but keep it If you receive a follow letter in the post for a ticket that was issued during the suspension then someone has unlawfully accessed your private data and both the contractor - ANPR ltd, and the management company who hired them can be held liable for any harassment that may follow as well as a breach of the data protection act.
Please go to the website money saving expert.com for more information

waamo

If you have 10 to get your appeal in then concentrate on getting it in. You seem to be determined to make this hard work.

A POPLA appeal can be submitted online or by post. Also you should complain to the BPA that ANPR ltd are taking recovery action whilst an appeal is in progress. ANPR ltd are currently in hot water and the BPA are holding a meeting to consider expelling them. Another complaint may kill them off.

Ralph-y

please go to post 15# here

https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

there is a multitude of POPLA examples ..... pick one make any small changes to it as needed .... ( and if you want post it up here to be checked)

do not run out of time !!!!!!!!! you have been warned!

Ralph:cool:

fillyaboots

OK here is my first draft, any advice or amendments would be greatly appreciated.

[FONT=&quot]Parking Charge Number (PCN): XXXXXXXX
Vehicle Reg: XXXXXXXXX
Operator: ANPR Ltd.

I am the keeper of the vehicle which was issued with a PCN for exceeding the allowed time for a blue badge. I challenged this notice on a number of issues. I then received a rejection with regards to the alleged contravention. I would like to appeal this notice on the following grounds.

1. Not a genuine contractual fee nor genuine pre-estimate of loss
2. No contract assigning rights to ANPR Ltd. to enforce contracts with drivers
3. No contract formed by the signage


1. Not a genuine contractual fee nor genuine pre-estimate of loss
The demand is a punitive amount that was not a contractually agreed parking tariff and bore no relationship to any loss. The Operator would have been in the same position had the parking charge notice not been issued. ANPR Ltd. notices allege 'breach of terms/failure to comply' and as such, the landowner/occupier (not their agent) can only pursue liquidated damages directly flowing from a parking event.

I require ANPR Ltd. to provide a detailed breakdown of their loss and on what basis this can be their loss at all, when the car was parked with a valid permit in the right bay. The Office of Fair Trading has stated to the BPA Ltd that ''a parking charge is not automatically recoverable simply because it is stated to be a parking charge, as it cannot be used to state a loss where none exists''.

Neither can the charge be 'commercially justified', if ANPR Ltd. attempt that argument. POPLA Assessor Chris Adamson stated in June 2014 that:
''In each case that I have seen from the higher courts,...it is made clear that a charge cannot be commercially justified where the dominant purpose of the charge is to deter the other party from breach. This is most clearly stated in Lordsvale Finance Plc v Bank of Zambia [1996] QB 752, quoted approvingly at paragraph 15 in Cine Bes Filmcilik Ve Yapimcilik & Anor v United International Pictures & Ors [2003] EWHC Civ 1669 when Coleman J states a clause should not be struck down as a penalty, “if the increase could in the circumstances be explained as commercially justifiable, provided always that its dominant purpose was not to deter the other party from breach”.

This supports the principle that the aim of damages is to be compensatory, beginning with the idea that the aim is to put the parties in the position they would have been in had the contract been performed. It also seems that courts have been unwilling to allow clauses designed to deter breach as this undermines the binding nature of the initial promise made. Whilst the courts have reasonably moved away from a strict interpretation of what constitutes a genuine pre-estimate of loss, recognising that in complex commercial situations an accurate pre-estimate will not always be possible, nevertheless it remains that a charge for damages must be compensatory in nature rather than punitive.''


2. No contract assigning rights to ANPR Ltd. to enforce charges in the courts contracts or form their own contracts with drivers
The parking notice states that it has been served on behalf of the landowner. I assert that ANPR Ltd. does not have the legal status nor assigned right to pursue parking charge notices in the courts nor to make contracts with drivers. I therefore require ANPR Ltd. to supply:

• A copy of the current contract with the landowner (and if their contract is merely with another agent, then proof of the agreement of the landowner)

Furthermore, I require that ANPR Ltd. demonstrate that they have the right to pursue parking charge notices in the courts and to specifically make contracts with drivers in their own right, rather than this remaining the gift of this landowner. I am not merely asking for proof that ANPR Ltd. can 'issue PCNs' of course. Anyone can issue a PCN on a windscreen - a caretaker or cleaner could do that but it would not automatically confer them any locus standi to demand sums of money for alleged breach. Hence I need to see the contract itself, not a witness statement, not a site agreement sheet.


3. No contract formed by the signage
I submit that this signage failed to comply with the BPA Code of Practice section 18 and Appendix B. The signs failed to properly warn/inform the driver of the terms and any consequences for breach. Any alleged contract (denied in this case) could only be formed at the entrance to the premises, prior to parking. It is not formed after the vehicle has already been parked, as this is too late. There is a lack of entrance signage and the car park generally is not fully covered by signage at all bays.

With all this in mind, I require POPLA to inform ANPR Ltd. to cancel the PCN.

Yours faithfully,[/FONT]

waamo

That will do it. Submit it online before you run out of time.