Received ANPR Postal notice

[CGG]

The driver received an ANPR postal notice today of a fine from a well known car park chain for £100, £50 if I paid within 14 days and am looking for some advice.

I presume the car park is in Adam street Cardiff, which is an ANPR carpark.

The driver parked, then went to the machine to pay. Put in registration, found the car then paid £6 with debit card, using contactless on the machine. No receipts were available so the driver asked a nearby attendant, and he said to email customer service to get a receipt, to which was done the next day, but they needed more information and as of today this hasn’t been sent.

On receiving the fine this morning, the driver checked online banking and it looks as if the payment never went out.

Is it worth trying to appeal, there is no evidence payment was made, unless they can show cctv from the Paystation. Update here customer services have confirmed there are no cameras located in the pay station.

Thanks, C

[Kati]

Re: Received ANPR Postal notice

tagging [MENTION=5553]charitynjw[/MENTION] [MENTION=39331]ostell[/MENTION]

[ostell]

Re: Received ANPR Postal notice

So you edit your first post so that the identity of the driver cannot be inferred. Use "The driver.......". I presume it's this car park

Post up a copy of the Notice to Keeper you received, redacting identifying details, leave the date as these are important.

Yes, you can use the failure of their equipment as an appeal.

PS It's not an appeal, it's an invoice.

[CGG]

Re: Received ANPR Postal notice

Hello, Ostell,

please find link to image of letter, personal details removed.

https://www.icloud.com/sharedalbum/#B0xGQOeMmG3gnqP

Thanks,

C

[QUOTE=ostell;769697]So you edit your first post so that the identity of the driver cannot be inferred. Use "The driver.......". I presume it's this car park

Post up a copy of the Notice to Keeper you received, redacting identifying details, leave the date

[CGG]

Re: Received ANPR Postal notice

Sorry, Image uploaded, original link gave personal info

[charitynjw]

Re: Received ANPR Postal notice

So they are hoisted by their own petard.

The date of service (date 'given' of 2nd Jan 2018) is outside of the 14 allowed days from the parking incident.

There can be no transfer of liability from driver to registered keeper.

Do not ID the driver.

[CGG]

Re: Received ANPR Postal notice

Excuse my ignorance, In the context of the letter, what does “date this notice given” actually mean, and why is it in the future? I did wonder.

Is there grounds to appeal?

[charitynjw]

Re: Received ANPR Postal notice

Deemed delivery via 1st class post is 2 full working days.

A letter posted 28th Dec 2017 (Thursday) would not be deemed delivered until Tues 2nd Jan 2018 (Sat, Sun & BH's...1st Jan) don't count as working days.

[ostell]

Re: Received ANPR Postal notice

A simple bogoff response from the keeper.

I am the keeper of vehicle VRN xxxx and have received your Notice to Keeper xxxxxx. You have failed to deliver this notice to me, the keeper, within the 14 days required by Schedule 4 of The Protection Of Fredoms Act 2012, paragraph 9, and therefore you cannot hold me liable for the actions of the driver at the time of the event. Only the driver can be held liable and as I have no legal obligation to identify the driver I will not be doibg so. I do not expect to hear from you again other than to confitm that there will be no further action taken against me.

Date and post this next week, getting free proof of posting from a post office.

[CGG]

Re: Received ANPR Postal notice

Thanks Ostell, is it possible to do this via the appeal section on the website rather than by post?

[ostell]

Re: Received ANPR Postal notice

Yes, you can use the website but take care to select the keeper and take a screenshot before you send. Most websites default to Driver, which is what you don't want. Wait till next Tuesday so there can be no argument over dates.

[CGG]

Re: Received ANPR Postal notice

Thanks, only one other problem / consideration. The driver called the helpline yesterday to query the charge, will this cause a problem in your opinion

[charitynjw]

Re: Received ANPR Postal notice

Thanks, only one other problem / consideration. The driver called the helpline yesterday to query the charge, will this cause a problem in your opinion

It might, it might not.....cross that bridge if & when it becomes necessary.
But it will be a problem for the driver.....the parking co has 'blown it' re the registered keeper.

Send [MENTION=39331]ostell[/MENTION]'s 'bog-off', get proof of posting & keep a copy.
File & keep safe all paperwork for future reference if necessary.

[CGG]

Re: Received ANPR Postal notice

It might, it might not.....cross that bridge if & when it becomes necessary.
But it will be a problem for the driver.....the parking co has 'blown it' re the registered keeper.

Send @ostell's 'bog-off', get proof of posting & keep a copy.
File & keep safe all paperwork for future reference if necessary.

So, we it be more successful aswell as the time period to also add to the appeal about the machine not providing a receipt, although the payment was never taken, as ostell said it’s not the fault of the driver if the equipment is faulty?

[charitynjw]

Re: Received ANPR Postal notice

So, we it be more successful aswell as the time period to also add to the appeal about the machine not providing a receipt, although the payment was never taken, as ostell said it’s not the fault of the driver if the equipment is faulty?

Personally I wouldn't bother. You are telling them, as the registered keeper, that their notice is out of time & so they cannot transfer liability from the driver to you, the registered keeper.