Hi Folks,

First time poster but heres the story. Back in August I was issued an invoice by Athena ANPR which I ignored based on advice as its not legally enforceable for parking on private land (Lidl).

They recently sent me a final demmand but having read up on the increase of cases going to court I replied requesting a POPLA code as I was not happy with their demmand for payment and that they are not entitiled to issue such charge or enter into a contract with the driver as they are not the land owner. I demmanded to see contractual paperwork proving otherwise.

They have replied stating because I didnt appeal via them within 28 of recieving the invoice they cannot consider any appeal and have also ignored my request. However I am now wishing to take that further as they have no legal right to bill me but they are ignoring requests for a POPLA ref.

What should I do now? Should I contact POPLA directly or simply ignore them and fight them in court should they wish to take it that far?

Are we talking about a ticket placed on the windscreen of the car at the time of the alleged contravention and then followed up with a Notice to Keeper (courtesy of the DVLA) or was it simply a postal Notice from the outset sent straight to the RK?

What was

a) The date of the alleged contravention

b) The date of the postal Notice

c) The date that you received it.

Does it refer to Sch 4 of the Protection of Freedoms Act anywhere?

Thanks

This was a letter sent by them to me for parking at Lidl 12 minutes over which I promptly ignored based on advice and went on Holiday, they have followed this up with a Final Demmand. The original letter they demmanded to know who was driving (I havent confirmed this but only that I am the RK of the vehicle) the car at the time.

They sent me a final demmand on 22.10.13 threatening to refer this to a debt collectors and court etc... I wrote back to them saying they cannot enforce this invoice and that I want a POPLA refference to which they have refused to give today saying I didnt appeal within 28 days. However I am not interested in appealing via them as they are biased seeing as they are trying to invoice me for parking.

This is an invoice disguised as a parking charge (I would pay Council or Police issued fines immediately) for charges and damages arising from breaking a contract of parking.

1: Incident was 31.08.13

2: Postal Notice was originally sent 4.9.13

3: Recieved 5.9.13

The original notice cites schedule 4 of POFA saying I must tell them who was driving, which I dont and havent.

However they are ignoring my request for a POPLA number saying I didnt appeal in time. I am quite willing to let them try to take me to court and fight them all the way but wondering what I should do next as they are not being forthcoming?

Thanks

They are within the protocols by not giving you a POPLA number BUT they will do themselves great harm in pressingn their case by not considering an appeal, even if late. The next step of paying a debt collector to send out demands is rather self defeating as they know your position on their claim and would be wasting money employing one. Now, this leaves the final sanction of using civil procedure to chadse you for the money. In this matter you have asked for proof of a contractual relationship between them and the landowner and they have refused to give you this proof. It wont go well for them if they try court and the first line of your defence is that they refused to show that a contract existed as you could ask for the claim to be struck out for that - they have failed to mitigate their claim by showing proof that such a contract claimed causing them a loss actually exists.

Previous experience with this company leads me to believe that you will get 3 letters from Debt Recovery Plus and that will be the end of the matter. I know that they have tried using the courts to press a claim but were soundly rebuffed so I dont think that having fouled things up for themselves in your case they would want to waste their money going for the big one but wait and see if you get the debt collector letter as I reckon that is a certainty that it wont go further otherwise they wouldnt waste their time and money on hiring one if they were intending to pay out extra afterwards.

Thankyou for the advice Ericsbrother and Nevmet its appreciated. I have pasted a copy of their reply below if it helps? They have stated they are contracted to manage (not enforce to legal proceedings on behalf of Lidl) but have still not produced contracts and or documents to that effect.

They have also failed to provide evidence of damages despite me asking them to do so and are basically saying I didnt reply within 28 days so they wont consider my reply.

Shall I simply dig in and see if they want to fight me in court on this one then cite them not providing evidence of their contract as one of the various points I would use to conduct my defence?

Dear Sir/Madam,

With reference to your letter, please be advised of the following:

We are contracted to manage the site at which the alleged contravention took place by the owner of the land.

The terms and conditions of the car park are clearly displayed on signs in prominent places.

All written appeals should be submitted within 28 days of delivery of the notice. As you have failed to do this we are unable to review your appeal.

The parking charge remains outstanding. Please make payment by using a credit or debit card. Alternatively you can send a cheque or postal order. Cheques should be made payable to Athena ANPR Ltd.

Yours Sincerely

Athena ANPR Ltd

Their response doesnt say that they have any rights granted by the landowner to chase monies in their own name so I reckon that they dont. I also note they use the word "alleged" when referring to the contravention of their own made up rules. Well that makes things even less clear about why they are claiming money from you, they arent even going to say that you broke THEIR rules let alone claim they have any standing.

I would stick with giving them the silent treatment from now on but dont lose the letters they have sent you as you can use them if it becomes necessary.

Thank you kindly I will give them a dose of radio silence now as they have ignored my request and I told them I would no longer correspond unless they provided said information.

I will update this thread as soon as I learn more, I think you could be right they will probably follow their set series of letters and send me a debt collectors one next, I shall keep you updated and thanks for the help so far

Ok so update on the Athena situation. They sent me an Email just now saying:

Dear Sir/Madam,

Thank you for your email in regards to the above parking charge.

Please be advised your charge has been cancelled and confirmation is attached

Regards

Athena ANPR Ltd

It looks like they decided I was going to fight them all the way to Court if need be and cut their loses and went looking for easier prey. Thanks for the advice ercisborther you were spot on