ANPR Parking Ticket

enfield_freddy

although I have asked for other users to add to this , I do not believe ANPR have the rights to bring parking charges to court..


the charge must be trespass , and those are the words he has used on his last few attempts , only the landowner or there SOLISITORS / legal person can bring those charges , not a man who has a mail drop address 15 miles from blackpool prom.


2 things in the OPs favour , they repeatedly asked for replacement permits , and secondly they were invited onto the land.


I was thinking of the recent ACE case http://parking-prankster.blogspot.co.uk/2015/05/ace-security-cancels-baseless-court.html which mentions trespass , but it also relates to people overstaying there welcomed time , not as in this case no permit.


I am pretty sure that trespass is the only way that this could proceed , but not by ANPR ltd.


still open to any other suggestion's?

enfield_freddy

perhaps this is the wording I needed to try and explain


this has been quoted tonight on the parking pranksters website


"<<2. Private land and car parks 2.1 Legal position since 1 October 2012
Section 56 and Schedule 4 to the Protection of Freedoms Act 2012 represented a significant change to the law on parking on private land. It enables private landowners to recover parking charges from the keepers of vehicles parked on their land where they have in effect entered a contract regarding the conditions upon which they have come onto that land to park.34 What this means is that where one owns a car park on private land, maintained by a member of an Accredited Trade Association (ATA), and abiding by the requirements of that Association (i.e. erecting the proper signs, applying maximum charging rules, having a proper complaints and appeals procedure), once can recover parking charges from the owner (‘keeper’) of an illegally parked vehicle, if the driver does not pay.35


ANPR are not a member of an approved ATA , nor do they have an independent appeal system

ManxRed

Anyone can issue a court claim, for anything.

Whether they have a realistic chance of succeeding, that's a different matter, but I'm not aware of any restriction that would prevent ANPR Ltd raising a claim for breach of contract.

enfield_freddy

but would the contract be with them , or the landowner?


I think we can safely say that the landowner cannot bring a charge for parking , as they have not met the conditions prescribed above , ANPR cannot do trespass , as they do not own the land.


please elaborate on why you think ANPR can use breach of contract , as the OPs contact was with the landowner who gave him rights to park., ANPR are merely acting as a very unofficial and cowboy "sheriffs" with no guns or badges .

enfield_freddy

a typical ANPR sign , states that if you park there , they will be in breach of there contract with the landowner


THEY , not the OP


it also says other !!!!!!!! about trespass and the DVLA,


1: ANPR cannot bring a case of trespass , only the landowner (or legal) , and this would be a nominal charge


2: the landowner has granted permission to be on the land.


http://2.bp.blogspot.com/-C0r14BwjgSI/Ud2XaP7E74I/AAAAAAAAAjU/iRY1Q2f3LMk/s1600/anpr-ltd-sign-big.jpg

ManxRed

What I'm saying is, there's nothing to stop ANPR issuing a claim for anything they want, including breach if they wanted to.

As I also said, this does not take into account their chances of success, as you allude to above, but there's nothing to stop them issuing a claim if they feel like it.

Remember, we're dealing with ANPR Ltd here, not exactly the sharpest knives in the drawer.

zeberdy

Hi All

Many Thanks for the information that you have all kindly provided.

Personally I would sit it out and let ANPR LTD work for their money but I suspect mrs Zeberdy and Junior Zeberdy will feel intimidated by the first threat of legal action that comes in the post.

As unfortunately mrs zeberdy unwittingly gave away driver and address details as thought she was dealing with a normal company.

I am still pursuing the land owner to see if we can get a letter authorizing parking but did read a case were travel lodge supplied such a letter to a motorist and the parking company still chose to ignore it.

Many thanks

Zeberdy

Herzlos

If you get a letter, then any action they may try to take will be dead in the water.

This is a pretty disorganised cowboy outfit, so there's little chance they'll take you to court, and if they do they are likely to make quite an entertaining mess out of it.

There's a reason they were kicked out of the BPA.

zeberdy

Hi All,

Just thought I would like to share a great result with you as you kindly pointed me in the right direction and inspired me not to give in.

Going back to the car park I found a sign that gave the name of the management company responsible for the carpark from which I was able to google an email address and write to them appealing the PCN that had already been turned down by ANPR LTD.

Received an email requesting a copy of the PCN in which I pointed out that ANPR's PCN notice stated that we could appeal to POPLA but as they were no longer members of the BPA as they had been terminated on the 13/4/15 this was not possible.

This seemed to do the trick as received an email saying that as a gesture of goodwill they would request ANPR ltd to cancel the PCN

Will sit back now and wait with hope for the threatening letters and pending court action.

Once again many thanks to all who replied with some invaluable information.

Zeberdy :j

ManxRed

Well done.

I do hope the Management Company look further into the BPA termination thing. I bet this is the first they've heard of it.