Just received Civil Parking charge notice for exceeding allowed duration of stay by 40mins at Lidl.

Did not enter car reg at terminal, do not have any shopping receipt either.

Says amount due £90, discounted ot £45 if paid in 14 days.

It has photos of car entering and leaving site with car reg, can't see driver in photo.

PCN issued by Athena ANPR Ltd " the creditor".

what do i do? no income, no savings.

thanks

please fill this out

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

It's a Civil Parking Charge Notice

1 The date of infringement?

incident date 19/02/17

2 Have you yet to appeal to the parking company? [Y/N?]

I have not appealed or done anything at all

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it

Yes, it's dated 22/02/17

Did the NTK provide photographic evidence?

yes

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?]

NO

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

N/A i have not appealed

5 Who is the parking company?

Athena ANPR Ltd/ athena-parking.

6. where exactly [Carpark name and town] did you park?

Lidl car park Hainault, 250-260 Fencepiece Road, IG6 2SU, essex......................... ....

For tickets received through the post [ANPR camera capture] (Notice to Keeper)

please answer the following questions.

1 Date of the infringement

described as "incident date" 19/02/17

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

Issue Date 22/02/17, there are no other dates specified

3 Date received

Today, 23/02/17

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?]

No

5 Is there any photographic evidence of the event?

yes, photo of vehicle entering and vehicle leaving the site

6 Have you appealed? {y/n?] post up you appeal]

no

Have you had a response? [Y/N?] post it up

7 Who is the parking company?

Athena ANPR Ltd, PO Box 4758 Ascot SL5 5DJ

8. Where exactly [carpark name and town]

Lidl Hainault, 250-260 Fencepiece Road, Essex IG6 2SU

For either option, does it say which appeals body they operate under.

It just says

" if you wish to dispute liability, within 21 days provide your name and address and car reg and pcn number with reasons for appeal..

...appeals should be adjudicated within 28 days.

...in the event your appeal is unsuccessful we will provide you with appropriate details enabling you to lodge an appeal to the IAS.

Details of the appeal procedure can be found at and then the ias web address

appeals can be submitted by email or online to athena parking online or by post."

If you have received any other correspondence, please mention it here

nothing else received

the other thing i wanted to mention is that apart from not having the receipt im sure the notice stated free 1.5 hours parking and i was parked about 60 minutes

get a picture of the signage there and we will advise.

You have the bests part of a month before the parking co gets shirty

so plenty of time to do things right rather than hurry and get it wrong.

They are members of the IPC so your appeal will be rejected and you wont get an independent appeal either.

Again, not a problem a long as you use the correct arguments in the first place so they cant just ignore or steamroller you.

Opening hours Mon- Sat 8am-10pm

Sun 11am- 5pm

Customer parking advertised

"Private Land

Camera controlled car park

Conditions apply 24 hours every day

Customer parking Only

Max stay of 90 minutes per store

Charges for staying in this car park

Lidl Customers up to 90 mins no charge

A charge of £90 applies to the driver of vehicles that exceed these time limits and all non customers

No return within 2 hours or a charge of £90 will apply

Warning

Users of this car park who do not properly register their vehicle at the checkout agree to pay a parking charge of £90

Ask a member of staff for assistance

entry to and use of this private land is subject to the following contractual terms and conditions. Use of this land is at the discretion of the landowner or Athena ANPR Ltd as managers of this car park.Drivers agree by entering this car park these contractual terms and conds with Athena and thereby agree to pay Athena the charges on the sign....."

rest is standard.... about approaching DVLA for driver details etc., reduction to £45 if paid in 14 days etc

"If you do not fully understand and agree these contractual terms you should immediately leave this car park ".

another sign says " controlled parking area/ private land, terms and conditions apply, see notice in car park".

a friend has advised to write to lidl and tell them I lost the receipt and didn't know or remember to register the car details at checkout. A while ago someone I know got a ticket for exceeding the allowed time at freeport braintree, wrote ot Braintree Management and they waived it, but they were able to produce receipts as evidence of shopping; i have no receipts.

debit card?

sorry, i dont understand what that response means

urm..how did you pay for your lidl shopping...

twill be on your bank statement...

even available online if you're that clever....

I honestly don't understand your response; you seem to be asking about how I paid for my shopping? I don't see how it is relevant to my situation if I paid in cash or card. I usually use cash for small purchases.

I'm here to ask if Athena have a right to claim £90 from me for parking in that car park because I don't have a shopping receipt or other proof of payment.

Hello there.

I think dx might be asking if you paid with your debit card so that you can prove that you shopped in Lidl, as you don't have your receipt. We're just trying to help you fight this.

And no, they probably don't have the right to charge you money, but if you tell the guys what they ask, we'll be able to help you.

HB

thanks... no, didn't pay with debit card

aw that's a shame............after all that..

they're easy to defeat

did you get photos of the signs and the layout like eric asked?

have got photos on my phone but forum rules said not to upload unless in pdf, so I typed out most of what the signs say - see above, thanks.

i'll do them if you want

want our secure email?

thank you so much, that would be brilliant. .. how/ where do I send them to

i've just looked at the PCN agin - it's very confusing....it says "Parking incident and location: exceeded free parking duration at Lidl hainault/ full address stated

vehicle reg stated

incident date 19.09.17

PCN number stated

issue date 22.02.17

parking charge £90.

allowed duration of stay 00:10:00

actual duration of stay : 00:50:29

shoppers entering reg at the terminal are allowed 01:30"

..

every purchase at Lidl is logged on their computer system so if you can name some of the items you bought and the time you were there Lidl can look you up as a customer and cancel the charge as you were a customer.

The end result of your enquiry here would, we assume to get the thing cancelled, not just complain about the unfairness of it all and then go away and pay up.

There are many ways of defeating these spurious claims and getting the store to cancel is one of the easiest as it doesnt involve the bandit parking co at all.

That is why we ask about your payment method, make it quicker to get the charge cancelled if you can show a card payment rather than the trawl through the shopping list but as said, they can do that.

Contacting Athena first will mean that when Lidl speak to them to get the ticket cancelled Athena will tell Lidl that they are processing your appeal and to leave it to them. They then will not cancel the ticket and you will have lost the easist route to success.

I honestly don't understand your response; you seem to be asking about how I paid for my shopping? I don't see how it is relevant to my situation if I paid in cash or card. I usually use cash for small purchases.

 

I'm here to ask if Athena have a right to claim £90 from me for parking in that car park because I don't have a shopping receipt or other proof of payment.

their sign isnt a contract, t has no core terms, it is what is called an "invitation to treat" at best and you can either ignore it or make further enquiries as to waht they are offering and then decide if you want to accept the contractual terms.

Bit like a sign in a shop window saying 50% off most items. If you go into the shop to ask aboyut what is in the sale you are not obliged to buy anything and the shop cant charge you £90 for not buying something.

Nor do they have to sell you a suit at half price just because something else is in the sale. The offer and acceptance bit doesnt start with the sign, it starts when you ask about a specific item the shopkeeper tells you about it and indicate you agreement to purchase if the terms are right.