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Civil PCN from Athena for parking in Lidl


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I'm hoping this will be straightforward - I see there are many similar posts in this forum.

 

I received a Civil Parking Charge Notice 'Notice to Keeper' from Athena ANPR Ltd for 'Exceeded Free Parking Duration' at Lidl. The limit was 90 minutes and this was exceeded by 25 minutes. The Incident Date was 22/11, NTK issue Date is 25/11 and I received it 27/11.

 

The car had been parked in Lidl whilst I did some shopping for a friend I was helping to move into a flat nearby. I entered the car park at 13:26, have a till receipt for 14:04 (28 mins later), took the shopping to my friend & helped her move some boxes/furniture around, returned to Lidl and picked up a few extra things (no receipt but it's on my Visa statement), then exited the car park at 15:22.

 

This was the first time I'd shopped at Lidl (and probably my last), so was entirely unaware that they operate this system. I expect there are signs announcing the charge/penalty, but I certainly didn't see any (I've asked my friend to take some photos).

 

I intend to appeal to Athena. Will the following suffice (suggested by Armadillo71 & successfully used for a similar case):

 

'As registered keeper of vehicle registration xxx xxx I am not liable for this charge.

 

Enclosed is a copy of my till receipt and credit card statement for the date in question.

 

I was not the driver on the date of the event.

 

Please cancel this charge forthwith, or alternatively issue a valid code for the independent appeals service POPLAicon.'

 

Further advice was to obtain free proof of postage from the PO (or retain copy of appeal via email) + never divulge the driver's identity re ANPR capture 'unless advised to by someone with the understanding of how the murky PPC world operates'.

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Normally I would agree with armadillo with his suggested statement but in your case I would suggest a different tack. As the shopping was 2 separate events I would write to them and say that you visited the store twice there was no breach of the conditions and that they have made a mistake so should cancel the demand forthwith. If they fail to do so they should supply you with a POPLA code so you may appeal. Now, this does identify you as the driver but will leave them with a bill for the appeal and nothing to gain if they dont cancel.

Lidl certainly wont support them if they claim that you arent allowed to go there twice to spend money so make a complaint to the Lidl Uk CEO's office now and send your appeal in to Athena in about a week's time.

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Many of these "private car park owned by stores are managed by a contracter. They often have video cams that phto your licence plate as you go in. They are supposed to photo you when you go out and cross cancel, but it doesnt always quickly, maybe the end of the day. For instance if you go out and come back in an hour or so later that day (cos you forgot something) then the second exit photo is used and hey presto you are banged to rights. This happened to a friend of mine shopping at Wickes. He kicked up a fuss, but the manager said he was unable to help (couldn't be bothered more like). He wrote a letter to CEO and told them. He was told to pay , keep the receipt and bring it in for a credit note, which was OK, but then he insisted on matters being corected so other customers didnt get caught likewise. I think Wickes stopped using this draconian company and its methods

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I dont think it matters that the car did or didnt move, the store wont want a fuss raised when you have shopped there twice in a day and possibly risk a claim against them for breach of contract ( now that would be a goody for anyone done for "double dipping"), it is a two way thing, contract law. The bad publicity will be enough to make them resolve this by telling the parking co what to do and that will have longer term interest for us.

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I dont think it matters that the car did or didnt move, the store wont want a fuss raised when you have shopped there twice in a day and possibly risk a claim against them for breach of contract ( now that would be a goody for anyone done for "double dipping"), it is a two way thing, contract law. The bad publicity will be enough to make them resolve this by telling the parking co what to do and that will have longer term interest for us.

 

I was trying to clarify if this is ' double dip' or overstay, as the initial post is not clear.

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Armadillo, the car was left in the car park and not removed between the two store visits.

 

Have contacted Lidl today - would've done that sooner but was waiting for emailed photos of the parking notices on display to know see the exact conditions they imposed (for the record it's 90 minutes maximum and no return within two hours). It's perhaps not relevant at this stage, but the sign at the entrance is small and only visible after turning off the main road and then taking a left turn into the car park. I guess I'm excusing myself for not seeing it, but it's easily missed as you're negotiating a bend into the car park...

 

Btw, my email was to the MD and I had a fairly quick reply from Customer Services who said they were hoping to resolve the matter quickly and efficiently. Here's hoping...

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Armadillo, the car was left in the car park and not removed between the two store visits.

 

Have contacted Lidl today - would've done that sooner but was waiting for emailed photos of the parking notices on display to know see the exact conditions they imposed (for the record it's 90 minutes maximum and no return within two hours). It's perhaps not relevant at this stage, but the sign at the entrance is small and only visible after turning off the main road and then taking a left turn into the car park. I guess I'm excusing myself for not seeing it, but it's easily missed as you're negotiating a bend into the car park...

 

Btw, my email was to the MD and I had a fairly quick reply from Customer Services who said they were hoping to resolve the matter quickly and efficiently. Here's hoping...

 

 

Have you contacted Athena yet?

 

 

Depending on what you've stated to the MD, and if you've included receipts, then it should get cancelled....

 

 

And for the record, the sign states you can park there for as long as you like if you pay £45 on the day. So how do you do you do that?

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Do you really think that Lidl are going to say that you cannot return to their store within 90 minutes if you have forgotten something? another example of the parking co's inventing rules that dont actually apply and the supermarkets being too lazy to consider the consequences of employing someone else to do their job.

I hope that this is resolved before you need to appeal but I would still use the approach that it is for themto prove their claim rather than you disprovong it so whne you say you made 2 visits to the store you just dont mention that you left the vehicle there all the time. The ANPR systems are not fit for purpose so dont worry about their evidence of entry/exit, they have a histry of conveniently forgetting to produce the photos when it suits them so they wont be showing POPLA and you avery photo captured that day in case yo notice the recognition bit has made a horlicks of somenes's muddy plate, personalised script etc as that would destroy ANY claim for being unreliable. They would rather cancel than admit their entire business is based on luck more than science.

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Ok, it seems like we have resolution - Lidl has confirmed that they will instruct Athena to cancel the charge.

 

Thank you all for your input. I've made a donation via PayPal in appreciation of what this site and its members do...

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