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Good Morning

Earlier this week I had a final demand which I cannot appeal due to the time frame from a company called ANPR 365 for a parking violation last November. They are stating all letters had been ignored and I now owe them £170. I did indeed park where they said which was on a row of shops in Preston. The parking there has been the same for years, and I was parked in front of the bakery while I went next door to the chemist(all the buildings are owned by the same person).

The company has no contact details and do not respond to their email address, and if you visit the office address it is an empty office. The owner of the shop (who I have talked to) said they told the parking company they have no issues with customers for any of the shops using any of the spaces and not to issue tickets to those people. After approx 10 months they started blanket issuing tickets to everybody. The shop owner said the complaints are in the hundreds and even the local councilor has been chasing this company. They have also stopped using the parking company months ago due to them blanket issuing tickets to everybody including the shop owner.

My car is a company car and my companies fleet department are on the ball when sending out tickets but they have not had any previous letters either, what are the next steps, do I wait for a court date or send a written recorded letter to the company.

Thanks, Mark

Be careful when contacting these people, no indication as to who drove the vehicle. No contact by telephone.

As stated more info needed.

The final demand is useless for any reference. We need to see the original Notice to Keeper (NtK) to make sure that it is fully compliant with the law and the PPSCoP.

As you are not the named Keeper, you cannot respond to anything. If your company is the Registered Keeper, then only they can respond unless they give you a letter of authority to respond on their behalf. If the vehicle is leased by your company then they cannot respond unless the lease company transferred liability to the Hirer and a Notice to Hirer (NtH) was issued in their name.

So, is anything in your name? If not, there is nothing you can do. Find out whether the vehicle is leased or owned and registered by your company. Once we have established who is what, we can move forwards.

Registered Keeper is either your employer or the company they lease the vehicle from. If the vehicle is leased, then your employer is the Hirer.

To whom is that final demand addressed? Unless LEX have transferred liability to your company as the Hirer, there is nothing that can be done.

You are the day to day keeper but cannot do anything without a letter of authority from the Hirer, assuming that the liability was transferred from the Keeper to the Hirer under PoFA.

What is certainly likely is that if LEX did make the transfer of liability to the Hirer correctly, you can bet that ANPR365 did not issue the Notice to Hirer (NtH) correctly to be able to hold the Hirer liable.

Without clarifying all this, there it is going to go FUBAR.

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.

Hi All

I have just had a letter back from the above parking company with the attached response. Any advice on how to proceed would be appreciated.

[ Guests cannot view attachments ]

What about the response to your formal complaint sent to ANPR365, over two months ago?

You can safely ignore anything from DCBL or any other debt collector. They are powerless and can only try and persuade the low-hanging fruit on the gullible tree to pay up out of ignorance and fear.

That is the first response back from anybody since I sent the reply that was kindly sent to me on by yourself
.

Yes, I sent an email and copied myself in and our fleet department.