ANPR Ltd - Local counsil statement,, !!!!!!!

enfield_freddy · 21 May 2015 at 4:41PM

I,m in the process , due to a lie on a FOI request , trying to get ANPR ltd removed by a counsil as there preferred operator.

https://www.whatdotheyknow.com/request/264541/response/646374/attach/html/2/Reply%20letter.docx.html

I have contacted them , sent links to the BPA site saying they are banned from the BPA , links from the pranksters site , photos of recent tickets showeing charges for trespass as opposed to parking , even downloaded and forwarded there contracts (from the FOI) showing parking

I really think someone is getting a back hander

this is the latest reply

"Further to your earlier email correspondence with my colleague Ms. Parmenter, I can advise you that ANPR Ltd have supplied a copy of their membership of The Credit Services association which is an ATA registered with DVLA. "

truth or crap? is the Credit Services association registered or recognised by the DVLA?

bazster · 21 May 2015 at 4:52PM

It is indeed:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/390088/Website-Release_of_information_from_DVLA__2_.pdf

BUT it's more smoke-and-mirrors. From the same document:

"There are two ATA’s for the parking industry, the British Parking Association (BPA) and the Independent Parking Committee (IPC)."

So for whatever reason DVLA has accredited the CSA, it's got the square root of naff all to do with parking! It's probably to do with tracing vehicle owners who fall behind on their HP or abscond with a leased vehicle or somesuch.

I reckon you are right, palms are being greased.

esmerobbo · 21 May 2015 at 5:02PM

http://www.csa-uk.com/search/?search_term=ANPR+Ltd

enfield_freddy · 21 May 2015 at 5:02PM

but he is claiming trespass on land he does not own?

I did find a couple of CSA links , and yes they are mainly for car MFG to contact owners of faulty cars

The_Slithy_Tove · 21 May 2015 at 5:13PM

esmerobbo wrote: »

http://www.csa-uk.com/search/?search_term=ANPR+Ltd

I guess this means that Trev is going to use this dubious route to get Keeper details for his tickets now. I bet the grounds breach whatever contracts there are between landowner/ANPR/CSA/DVLA. But the DVLA will happily to continue to knowingly and cynically break the law as there's money to be made, and bonuses/pensions to reap for the Chief Exec (who really ought to be in jail).

enfield_freddy · 21 May 2015 at 5:18PM

yup but more worrying is that ACE , etc are doing the same

how long before all the companies registered with the BPA and the IPC jump ship , no appeals system to worry about , straight in with DCA and CC papers.

a bad time ahead

bazster · 21 May 2015 at 5:27PM

That's the way it's heading, the DVLA is steadily undermining all controls and allowing a free-for-all.

If Duffnasty wins his judicial review the floodgates will open: no need to be in an ATA, no need for appeals, that'll be £2.50 please, ride 'im cowboy!

enfield_freddy · 21 May 2015 at 5:32PM

same question asked on another furum by me (pepipoo) and an interesting reply

"Also read this;

Additional measures for car parking companies
Membership of an ATA has been a pre-requisite for all unregulated organisations
who have an electronic link since October 2007. In response a consultation the
requirement for ATA membership was extended, in November 2009, to include car
parking management companies who request information via the paper base route.
It ensures that all car parking management operate to same recognised standards.
Membership of an ATA ensures that those who get access to data are legitimate
companies that operate within a code of practice. The code of practice promotes fair
treatment of the motorist and ensures that there is a clear set of standards for
operators covering, among other things, signage, appeals processes, and methods
of contacting drivers.
DVLA has procedures in place to enable those dealing with requests to check
whether a company is a member of an ATA. There are two ATA’s for the parking
industry, the British Parking Association (BPA) and the Independent Parking
Committee (IPC). Information on their codes of practice can be found on their
websites.
The ATA’s in the private parking section have both established independent appeals
services. They cover all tickets issued on private land by the ATA members and are
entirely funded by the parking sector. The BPA service is known as Parking on
Private Land Appeals (POPLA) and the IPC service is known as the Independent
Appeals Service (IAS). The company that issued the parking charge must supply
details of how to refer an appeal to the relevant appeal service. "

is parking , trespass or close?

still worry about the ability to get details for trespass as a non owner of the land , and then use CC to gain (personal)

enfield_freddy · 21 May 2015 at 5:36PM

pranky now informed , blog to follow

Jim_AFCB · 21 May 2015 at 5:52PM

This needs to find its way into the government review thingy for anyone who has not yet contributed.....

The new Communities secretary also needs to be informed.

enfield_freddy · 21 May 2015 at 6:01PM

http://www.findlaw.co.uk/law/property/other_property_law_topics/500447.html

The law of trespass in relation to land is designed to protect an individual from unlawful interference by somebody else with his land.
Trespassing on to somebody else’s land without a lawful excuse is an offence itself and is one of the rare forms of tort claims in which a claimant can bring a claim without having to prove any damage has occurred. However, it is not a criminal offence and so property owners must bring their claim in the civil courts.
How to bring a trespass claim
In order to bring a claim for trespass there must be direct and unjustifiable interference with somebody’s land. This can occur in a number of ways, with the most common example being jumping over a fence to retrieve a football, but can be as remote as interference from a low-flying aircraft so long as it is flying below a reasonable height.
A seemingly obvious point, but one which has been the subject of several legal battles, is the fact that only a person in possession of the land is able to bring a claim for trespass. Therefore, if you merely have a licence to occupy the property you cannot bring a claim for trespass.
More importantly, a common problem is the fact that a landlord cannot bring a claim for trespass when he has let out the property to a tenant. The tenant, by definition of a lease, will be in possession of the property and so it is the tenant that will be able to bring the claim for trespass.
Defences to trespass
Subject to the defences which we shall now address, it is quite simple to bring a claim for trespass; all that is needed is to show that there has been a direct and unjustifiable interference with the land and that the individual bringing the claim is in possession of the land.
There are three main defences to trespass and they are as follows:
1. Necessity: In order to assume the defence of necessity there must be an actual or reasonably perceived danger in relation to the course of action taken by the ‘trespasser’. A common example is if one person swings their car in order to avoid a crash and ends up on somebody else’s land. In theory they are trespassing as they are making a direct and unjustifiable interference with the land; they may also not have been in danger from the oncoming vehicle. However, there was certainly a perceived danger and so there will be no trespass. (However, it may be that if they caused damage there will be a different type of claim.)

2. Licence: If you invite somebody onto your land then you have given them an implied licence and they are not therefore a trespasser. There are certain times when you will have given someone permission to enter your land, but only a certain part of it, and for a certain reason. Therefore, in these cases a claim for trespass is still possible.

3. Legal justification: A clear example of legal justification is when a police officer enters your land under an appropriate warrant. It is quite clear that certain emergency services should be allowed onto your land to carry out activities which are in the public good.

Criminal trespass
Under the Serious Organised Crime and Police Act 2005, it is an offence to trespass on Crown land (for example the Houses of Parliament, Buckingham Palace, Ministry of Defence sites) and doing so will result in a maximum fine of £5,000 and a prison sentence of up to six months.
Also, trespassing on National Rail property is an offence which is punishable by a £1,000 fine.

bring it on trev ,,

ANPR Ltd - Local counsil statement,, !!!!!!!

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free