In which case, it would appear that LEX discharged their liability as the Keeper to your company as the Hirer.
If you are able to ask your fleet department to make a formal complaint to ANPR365, then you should do so. If you are authorised to do so, then the following should be sent to ANPR365. It should be sent as a pdf attachment to an email addressed to info@anpr365.co.uk and also CC'd to the email address it is sent from:
[Your Name]
[Your Position, if applicable]
On behalf of: [Employer Name]
[Employer Address]
[Email Address]
[Telephone Number]
[Date]
To:
Complaints Officer
ANPR 365 Limited
3 Caxton Road
Fulwood
Preston PR2 9ZZ
Sent as an attachment by email to: info@anpr365.co.uk
Subject: Formal Complaint – Failure to Issue Notice to Hirer in Accordance with BPA Code of Practice
Vehicle Registration: [XXXX XXX] | Alleged Contravention Date: [Date in November 2024]
Dear Sir or Madam,
I am authorised by [Employer Name], the Hirer of the above vehicle, to handle correspondence relating to fleet matters. I write in relation to a final demand letter issued by ANPR365, addressed to my employer and alleging a parking contravention in November 2024.
This is the first and only correspondence that has been received by the Hirer. No Notice to Hirer (NtH) was ever served in accordance with the requirements of the Protection of Freedoms Act 2012 (Schedule 4) and the British Parking Association (BPA) Approved Operator Code of Practice.
I must therefore raise a formal complaint and put you to strict proof that a compliant NtH was ever issued and properly served. Please provide the following:
• A copy of the original Notice to Hirer.
• Proof of posting, including the date it entered the postal system.
• Evidence that you received Keeper details from the DVLA and that a valid transfer of liability to the Hirer was made under PoFA 2012.
• Confirmation that no further correspondence was sent prior to the final demand.
The vehicle is leased from LEX Autolease, and their standard procedure is to transfer liability in compliance with PoFA Schedule 4. Our internal fleet department is robust in forwarding relevant notices, and their records confirm that no prior correspondence has been received in this matter.
This complaint is submitted under Section 11 of the BPA/IPC Private Parking Single Code of Practice (PPSCoP). We expect this matter to be investigated and responded to formally within 14 days. Should ANPR365 fail to respond appropriately, the matter will be escalated to the BPA’s Compliance team for further investigation and a formal complaint made to the DVLA.
Please note that this complaint is submitted on behalf of the Hirer only. There is no admission as to the identity of the driver, nor is there any obligation to provide such information.
Yours faithfully,
[Your Full Name]
For and on behalf of [Employer Name]
[Email Address]
If you cannot do so yourself, then get your fleet department to do so and amend the letter accordingly.