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keeno65

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Everything posted by keeno65

  1. Just received the decision by POPLA, the appeal is ALLOWED. The reasons are quite interesting. Thank you everybody for all your help.
  2. Something I noticed in the "Brief details of claim" it states "the defendant who is the registered keeper of the vehicle at the time of the incident.....has now become responsible for the drivers actions" My Daughter who is the defendant is not and wasn't the RK but is/was the driver ??
  3. Here are the documents. The photograph of the car is the wrong car, and the wrong Reg, but it is in the Cherry Tree car park.
  4. Ok I will upload them all in work tomorrow. I am quite willing to take it further with some guidance.
  5. Hi Guys, I sent the appeal off to POPLA and received an e-mail from them on the 12th September stating they had received it and "Your appeal will be considered on or soon after 17th October 2014". Last week we received a letter from expedion debt recovery saying ANPR have instructed them to file your case and others in the Northampton County Court, blah blah. It also asks me to give them a call before they submit the case which should be around 14 days time. Also included is a copy of a claim form all filled in with a total amount of £210. Also included is a statement from the person who attached the PCN to the car, the last part of it states that he photographed the car, also included is a photograph of a car, however this car is not my daughters car , it has a completely different number plate on it. Do I just ignore all this correspondence and just wait for the outcome of the appeal, or do I need to do something else? Many Thanks
  6. Also ericsbrother you suggest I should send the appeal in by post, however I have just been to the POPLA site and it says if you want to send in by post it must be completed on an appeals form that POPLA don't issue, but are issued by the parking operator. I did not receive any appeal form from ANPR, does that mean I have to submit it online?
  7. Ok thanks ericsbrother, could you please just check that this is ok then: POPLA Reference: xxxxxxxxxx To whom it may concern: I am appealing the PCN (Ref xxxxx) I received from ANPR Ltd on the following grounds: 1. I do not believe that ANPR have the authority to make claims for breach of contract in their own name and thus demand sight of the contract between the landlord of the Cherry Tree Shopping Centre, Wallasey and ANPR that assigns all rights to pursue the appellant and to make civil claims for any alleged breach in their own name. 2. The prescribed fee for parking was paid and the ticket was visible in the vehicle. This means that there has not been a material breach of the conditions, so no cause for claim by ANPR. 3. That no loss has been caused to ANPR as the said ticket shows the prescribed fee for parking was paid (copy enclosed) 4. That in any case, the demand for £140 is not a claim for loss nor a genuine pre-estimate of loss as this has been determined by the prescribed value of the ticket at £1 and that ANPR’s claim is therefore a penalty charge and thus unlawful. The appellant requests that the matters are considered in the order laid out. Yours Sincerely Chelsea ……….
  8. Ok thanks for the heads up on the code, and I have removed them now from post. Now how do I go about appealing to POPLA ?
  9. Ok, I have received 2 letters back, one a final demand and the other the rejection of the appeal (attached) they have included a Popla code which is . An earlier post says there is a date in here somewhere and to make sure I have 28 days left to appeal, I can't suss the date out from this code. I presume my next step is to write to POPLA with my appeal, can you point me in the right direction as to what to write please. Thanks
  10. Is this letter ok? I have received your outstanding parking notice Ref xxxxxx A ticket had been bought for £1.00 at 15:03 hrs covering parking until 17:03 hrs , on the 28th May 2014 (copy enclosed), the PCN was issued at 15:17 hrs on the 28th May 2014. Therefore no monies are owed and no charge is payable as no loss has occurred to the landowner. I have not included the "Business Reply Card" which you mention in your Appeals section on the back of the notice, as there wasn’t one included in your letter. If this charge is not cancelled then I expect you to issue a code for POPLA, without this no other correspondence will be entered into. This letter has been sent recorded delivery. Chelsea xxxxxxx
  11. Right, I sent a letter saying I (my Daughter) was the driver of the car, she has now received an Outstanding Parking Notice in her name and address (reset the clock) On the back under appeals it says "More over, appeals are only dealt with in writing by using the Business Reply Card" there is no business reply card. Do I just follow IPC1963 advice from point number 4 , if so what do I put as grounds for appeal, as I presume when I appeal to POPLA it will have to be for the same reason? Is there a link to any templates for letters etc, many thanks.
  12. ok I will send letter saying I (the ex) as the registered keeper has no liability for this charge and here is the name and address of the driver at the time. This letter has been sent with proof of postage.
  13. To just put the onus on the ex is not fair, he did not park the car and he did not fail to display a ticket. I can't expect him to receive letters that as far as he is concerned look quite frightening, irrespective of wether they have no legal foundation. I am going to right a letter to ANPR on his behalf stating that " This car is owned by my ex-girlfriend, I never got round to changing the logbook to her name, I was not driving the car at the time of the incident, she was, I never have driven the car as I have never been insured, I do not know where she is now living, please stop sending letters to me" Would this work?
  14. Thanks Guys, I will have a problem getting the ex to do anything to be honest, also he says he can't find the logbook. So firstly, can the DVLA just be called and told the logbook is missing and there is a new owner, or will they only re-issue to current owner, and then change it? Should I ring ANPR and tell them the situation or pretend I am the ex? Then when new paperwork comes through to my daughter I can appeal to ANPR then POPLA Is this the right course of action to take?
  15. Hi all, I have just registered on this Forum and looking for some advice please. My Daughter has just come to me with various letters from ANPR Ltd over an unpaid PCN. A bit of background, her car is actually registered to her ex boyfriend and she hasn't change the logbook yet, so consequently correspondence has been going to him and he hasn't passed it on until now. She was issued with a Parking Charge Notice at 15:17 on the 28/05/14 at the Cherry Tree Shopping Centre, Liscard, she had bought a ticket but she had not stuck it on window properly and it fell off, she still has the ticket and it shows a paid until time of 17:03 for £1.00 payment at 15:03. Her ex boyfriend has just posted 2 letters through the door. The 1st Dated 11/07/14 an Invoice for OUTSTANDING PARKING NOTICE with an amount payable of £100 The 2nd Dated 25/07/14 an Invoice for FINAL DEMAND with an amount of £140, with threats of handing over to local debt recovery agency etc etc Could you please tell me what my options are to sort this out for my Daughter, obviously her ex is not too happy with letters saying "the situation has now become very serious" etc I did tell her if she had told me earlier I may have been able to sort it out, so I don't know if now it is too late and she just has to pay the £140 ?? Thanks in advance
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