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Everything posted by q.q.qlp

  1. Done! I will report back here with the results of my appeal when they arrive....(gulp) :-S
  2. Ok thanks will do. Thanks for spotting the CEL thing guys and thanks again for your help with this.
  3. Hi, I must admit I don't understand that part of the letter or know what CEL is or whether it pertains to me or not. I just thought that it would since the letter is also to Athena. Point 1 is correct. They have not identified the driver and I have not supplied that information.
  4. Hi, I re read boofie's letter (and the other one just in case) and can see no mention of CEL? Boofies letter seems to apply to me as it was also with Athena but, despite reading several posts on the subject I can't claim to fully understand the ins and outs. That's why I'm gratefully relying on guidance here. I explained the circumstances in my OP. I think it seems to apply. Am I mistaken? I'm confused!
  5. P.S. I see that the link I tried to see my letter has not worked, sorry about that. I can't find a way to show you the letter.
  6. Great!. So this letter (from Boofie in the other thread linked- by armadillo71 many thanks to you both!) is better than the other one I found? Does the change I pointed out in my letter about them being able to chase the reg keeper if they cant find the driver ("as per Schedule 4 of the rotection Of Freedoms Act 2012 (POFA)")change anything? If not I'm going to send whichever letter you guys recommend most with any necessary changes and will keep you posted on whether I win or lose. Dear POPLA, I am the registered keeper of vehicle registration xxxxxxxxx and I contend that I am not liable for the alleged parking charge - .. I wish to appeal against the notice on the following grounds: 1. The driver has not been identified, so the appeal rejection letter is addressed incorrectly. 2. Athena ANPR have failed to clarify whether the charge is for damages arising from breach of contract or a contractual charge. 3. If this is a claim for damages, I require Athena ANPR to provide a full breakdown of genuine pre-estimates of loss to the landowner that this charge represents. Obviously, business running costs do not apply. I contend that the landowner and Athena ANPR have suffered no loss on an alleged overstay in a free car park. 4. If this is issued as a contractual charge, I require Athena ANPR to provide proof that the charge is fair, reasonable and not punitive. I submit that Athena ANPR has not provided a mechanism on site if the driver wishes to stay for longer than 90 minutes, and it is an unfair attempt to make a party pay excessively for an event which would normally be 'breach of contract.' I contend that the £90 charge is punitive, and an unenforceable penalty. 5. Finally, I require Athena ANPR to produce to POPLA the contemporaneous and unredacted contract between the landowner and Athena ANPR that authorises them to issue parking charge notices. I contend that there is no contract with the landowner that entitles Athena ANPR to levy these charges and to pursue these charges in their own name in the Courts, and Athena ANPR therefore has no authority to issue charge notices. I therefore respectfully request that my appeal is upheld and the charge dismissed. Yours faithfully The Registered Keeper
  7. Yes they have. I like the idea to forward to MP and Daily MAil. Think I may just do that...
  8. Here is a direct link to the letter, hope it works, I've never done this before! I've deleted the initial h--p bit in the hope that it will let me post: ://i1294.photobucket.com/albums/b614/qqqlp/AthenaParkingLetter1_zps59a2a1c8.jpg
  9. Hello again! I received a reply from Athena which states that as per schedule 4 POFA 2014 I am responsible as registered keeper of the vehicle if they can't find the driver. Is this a new thing? Am I stuffed? I tried to post the letter up but as Im less than 10 posts it won't let me. What is my next step? A letter like this one I found online maybe? If they drop it before it goes to POPLA that would be a lot less hassle: Dear Sirs, I am the registered keeper of the vehicle registration number xxxxx and confirm receipt of your parking charge notice xxxxxxx dated xxxxxx and deny any liability to pay this parking charge. As you appear to be circumventing the requirements of POFA 2012, the registered keeper is not responsible for this charge, but the driver! I therefore suggest you take this matter up with that person. Please note I have no legal obligation to name the driver. The amount claimed constitutes an unlawful penalty,as it is not a genuine pre-estimate of any loss you pretend you have and I further contend that you have no legal authority to pursue any charge. As you are pursuing the wrong person, you are being put on notice that complaints are being prepared to submit to the BPA and DVLA and I suggest that you cancel this parking charge immediately. Notwithstanding the above, should you refuse to cancel this parking charge due to your failure to invoke keeper liability, then this letter must be accepted also as a formal appeal. In this case a POPLA code must be supplied as per the British Parking Association's Code of Practice: which as Civil Enforcement is an AOS member and as part of your KADOE contract with the DVLA must abide by this Code in order to gain keeper details. Further points will be raised at POPLA for consideration. However note that should you either continue to pursue myself as keeper (with or without supplying a POPLA code), then I reserve the right to raise a claim for my costs and time against you at a court rate of £18 per hour. My costs are not exhaustive and will include stationery, stamps, travel expenses and any legal costs etc, and by continuing to pursue me you agree to pay these should I prevail. In view of the above, I look forward to receiving your written confirmation by return that this parking charge has been cancelled. Yours faithfully name Registered Keeper
  10. OK done! (Gulp!) I used armadillo75' s template- thanks! I did send the receipt in the end. Will post the reply when I receive it...
  11. Hi guys, thanks so much for prompt help and advice, really appreciate it! Just to be clear, should I send my £8 receipt from Lidl same day (wrong time) to athena at this stage or not? Should I contact Lidl also at first (with my three recent receipts one from same day but wrong time for £8 and two more £70 ish from june?) or not contact Lidl at this stage? Sorry, I just want to get it right and as you say don't want to weaken my case. Thanks again!
  12. The invoice for the charge? Yes it arrived 6 days later unfortunately The receipt for Lidl I have but it is for 1.5hrs after I left Lidl (we went for lunch first and then parked elsewhere whilst I shopped as it is no return within 2 hrs) and that days receipt is only for £8. So ironically I has to pay for on street parking to do my shop there anyway! I have two previous Lidl receipts for within 1 month for about £70-80 to prove that I'm a good regular cstomer though.
  13. Hi, I'm a regular Lidl customer and can prove it from receipts. On 25/07/14 I parked in Lidl as my wife had a hospital appt (a 20week pregnancy scan) and the hospital parking/on street parking nearby is a nightmare. I intended to return within the 90mins allowed to shop in Lidl (I did shop in Lidl afterwards but it was after I left the car-park (exited car-park 13:31, time on receipt 15:07)). We ran a bit late (as the baby was not in correct position!) and I didn't want to miss the scan by running back to Lidl so we were 17mins 52 seconds over the allowed 90mins. I now have a Civil Parking Charge Notice from Athena for £90 reduced to £45 if I pay within 14 days. This seems a bit excessive to say the least. I don't have any real defence as I broke their rules, do I have any way of not paying this charge? Is it legally enforceable? Can I offer to pay a smaller, more reasonable charge for 18minutes? Many thanks for any help!
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