Hi guys sorry for the delay, here is what I used in my appeal.

Firstly the signage. See photos attched of parking site. There are no signs on the outside or entrace to the car park thus it is not possible to consider whether or not to park in the car park because signs cannot be seen until you enter.

Also the signage does not state anything about a minimum free period of 10 minutes.

These signs are also illegal, as I have contacted Lambeth council and neither Lidl or Athena ANPR have planning permission to erect any signage (see attached) therefore no contract can be formed. This is fraud by misrepresentation. This has been reported to Action Fraud.

Athena ANPR have failed to clarify whether the charge is for damages arising from breach of contract or a contractual charge.

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.

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.

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.

Hope this helps someone.

Hi all,

Today I received this.

Thank you for submitting your parking charge Appeal to POPLA.

*

An Appeal has been opened with the reference 0562605579

*

Athena ANPR Ltd have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

*

Yours sincerely

*

POPLA Team*

Thank you to all for your help and expertise.

It's another win for the Caggers!

They are wrong as it is a criminal matter to falsely claim that a contract exists when it doesnt, it is making a gain by misrepresentation but the truth is actionfraud are just phone jockeys who dont know the law and do nothing anyway. You couls ask again and tell them that you wish to make a formal complaint about them not logging a crime and want to take the matter further and speak to a real police officer about it if necessary. You wont get any action but at least they wil log something.

Hmm. Is it a must to deal with them. I was speaking to them for a while today and the lady whom I spoke to also asked her "supervisor" and the same was concurred.

Can I just say to POPLA that I have reported it to action fraud? Will they ask for the ref number?

Time is ticking. I think it's been 21 days since the rejection letter so I need to do this in the next couple Of days.

Thanks again. I know you must get bored of all this.

the no PP on the date of the supposed breach of contract so no contract to breach. Simples. Yes, phone actionfraud and get it logged. Nothing will happen but you ge crime ref to forward.t a

Spoken to action fraud. Pretty useless actually. They say it's not a fraudulent matter but a civil matter and they cannot help. I raised all points as previously stated. They say I should contact citizens advice.

The council can enforce the planning act but all the parking co has to do is apply for PP and they will get it as it is a nod through unless it is a conservation area. However, the company must apply or they are breaking the law, as is the case here

This last bit lost me. So I'm going to ring action fraud. Will they give me a log number in which I will put to POPLA?

Also you say about they only have to apply for PP to get the nod. Which they have done but it's not due to be decided on until November..

then they are committing a criminal offence and you cannot form a contract even if you wanted to. Just go with that at POPLA and say that you are going to make a complaint of fraud by misrepresentation regarding the demand. Report the matter to actionfraud (who will do nothing) but at least you get a crime ref to pass on to POPLA. That will put them in an awkward position if they then make a perverse decision.

I looked into actionfraud. Looks like the type of claim I am making is not covered under their reporting policy. So instead to go to the police and log it? What do you think. I haven't spoken to actionfraud. Just read on their website.

From lambeth council:

Thank you for your email to the Lambeth planning department.

Application 12/02497/ADV for 222-224 Streatham High Road was decided and refused in 2012 for display of two non-illuminated freestanding billboards lond the south-west boundary of the site, however, we have a current application 15/04938/ADV which is due for a decision on the 10th of November.

If you need any further assistance, please contact us on 0207 926 1180 or email planning@lambeth.gov.uk.

Kind regards

Christine Barnes

Customer Services Officer

Business & Customer Services

Enabling Cluster

London Borough of Lambeth

email: CBarnes@lambeth.gov.uk

website: http://www.lambeth.gov.uk

Eric thanks very much I will get in contact with lambeth council.

Spoken to the council and there appears to be no planning permission for anything from Athena on the Lidl address.

There is an application for 1 sign from Lidl themselves but it's does not state anything about a car park, but also this is pending anyway and a decision won't be made until November.

So should I just solely go with that? Or add in the excess charge as well.

Cheers again.

You have 28 days, the 35 days is for them to reject your appeal. Firstly ask lambeth council planning dept if Athena have planning permission for their signs. If they dont they are there illegally and you cant enter a contract where criminality is involved. If this is the case then that will do as your appeal.

If not you say you do not believe the Athena have the authority to make claims in their own anme and so demand sight of the assignment of this right from the landowner. They dont usually hand over thweir contracts so the public can see them as they are often flawed so the usual situation here is that you win by then not offering any evidence.

You also say that in any case the amount claimed does not represent a loss caused by your action in a free car park not owned or managed by them in any true sense of the word as it is ANPR only. This means that the amount claimed is an unenforceable penalty under Dunlop v Selfridge 1915 and even if it is decided they do manage the site the amount is an unlawful penalty charge under Dunlop v The new Motor & Garage Co 1914

They may ask for a delay in the adjudication to await the result of PE v Beavis but if you can dont agree to this

Eric thanks very much I will get in contact with lambeth council.

I assume this is only what POPLA say,who are they to say what and where you get your appeal information from!.if you quote any law then it's the law and statute.you just use any input where ever you get it from,sod em.

Yea it was from the POPLA site.

Thanks for that.

Can anyone tell me based on what I have posted above in various documents what grounds I should EXACTLY be appealing on?

Thank you. Time is ticking. I think I have 35 days from rejection is that right?

Cheers.

Any final advice guys on what my appeal should be based on? Cheers.

This is the lastest on the new POPLA website;

 

 

 

 

http://parking-prankster.blogspot.co.uk/2015/09/new-popla-process-much-speedier.html

 

 

What old ways will not work?

No I was reading on the POPLA site and it was saying do not copy and paste laws and long winded clauses from other sites. Instead write in own words why you are appealing.

So the usual things I was going to use such as the charge is not proportionate and contracts with the land owners etc. Seems like I may not be able to.

Based on what I have provided what do you think is the best way to attack this?

Thanks again.

If sent on the 17th it will be deemed as received in time unless you can show otherwise (they do have a habit of dating letters days before they send them.)

I note that they say you failed to mitigate any circumstances. Well, mitigation is what you do when you admit being in the wrong and want to reduce the culpability to the minimum. This has nothing to do with the appeal or the law.

So, now you appeal to POPLA but wait, they havent given you the POPLA code but expect you to write again and ask for it WRONG, they have 35 days after receiving your appeal letter to reject and supply the code. If they dont then they cannot claim keeper liability so now make a note on your calendar as to when they received your appeal and when the 35 days are up and you havent got the POPLA code you can tell them where to go should they send further begging letters.

Hi Eric thanks for the reply.

Unfortunately they DID supply the POPLA code. It's on the bottom right hand corner error of the letter. I covered it in order to upload the documents.

So I will now need to appeal through POPLA. Has anyone you know don't it through the new system that they have?

Is there any particular angle I should try with the appeal? I'm not sure the old ways will work.

Thanks again.

Anyone?

[ATTACH=CONFIG]59612[/ATTACH]Sorry guys. I have re uploaded. Pics should be fine now.

I also realised when I was scanning the letters in. The rejection letter was sent on the 17th Sept and deadline is 19th Sept. I probable didnt receive it until then. Does this matter?

I didn't know then pcn needed to be covered. Removed now. Will try again. Thanks.

Actually I can't remove them. Help!

You have left the ticket number and your reg number on your attachments.

I didn't know then pcn needed to be covered. Removed now. Will try again. Thanks.

Forgot to add NTK. Apologies.

Attached is PDF of NTK and rejection letter. Admins please check that these images are redacted enough.

Thank you.

Hi all,

I have today recieved the rejection of appeal letter from Athena. I will try to add shortly.

Then could you guys please advise the next best course of action.

Thank you.

I would not send that. You have 28 days from the issue date to appeal so there is no immediate rush.

 

POPLA is currently changing hands and we have no idea how the new mob will handle appeals...

 

As already stated, give lidl an ear and keyboard bashing in the first instance as you the RK, have received this demand for money because the driver of your car shopped in the store...

 

I think the appeal to Athena should be worded strongly with all legal points included to get the charge cancelled at the first opportunity.

 

The driver should not be named or admitted at any stage.

 

Can you post up a redacted copy of the NTK please?

Ahh. Too late. I emailed athena this evening as I didn't want time to run down. I will. Add the NTK tomorrow as I can't scan it at the moment.

Guess we will have to wait and see. So you say POPLA is changing hands? How comes no one mentioned this before? So quite possibly all of these success stories may come to an end? Oh well. Guess I will have to wait and see.

Appeal by email followed with one in the post

Send a soft appeal the car in question never entered the carpark what ever you like

Save the big gun for POPLA that will cost the carping company!

OK so what I posted above. Not that to athena?

Where is the facility to pay the charge on site? I don't want to shop in lidl but I can park there if I pay £45. That is what the sign says...

 

Do Athena or lidl pay VAT on the income from the car park? Because they should do...

 

Do Athena or lidl have planning permission for the signage?

 

These are questions that need to be answered.

Thanks Armadillo71. So what do you think I sould do.

If you see above a few posts I have posted what I am going to sent to Athena as my appeal.

Is that sufficient? Or add things?

Should I send them the images? Or just wait until I get the POPLA code?

I am appealing via email. Or should I do it via post?

[ATTACH=CONFIG]59216[/ATTACH]

Ok guys so today I went back to Lidl to take some photos of the car park and signs.

Please take a look. Its interesting.

There are no signs on the outside of the car park or on the entrance. Only once you drive into the entrance there is a sign ahead. Then another 10 or so dotted around.

It does not state on the sign about the "10 mins free parking without validation" It mentions only up to 90 mins. It does say however that it is for Lidl customers only.

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

What do you guys think?

Yes they can. They are the principal. They hired the [ problem ] PPC.

 

OK I wasn't aware that it would help. Does anyone know the best way to complain to them?

Thank you all.

Yes I know that!

Do you as a customer of lidl think it is how you should be treated

Complain to lidl they are responsible for the parking cowboys

Shop elsewhere

Eventually they will get rid of anpr camaras and give the job to someone on foot

Who can speak to customers and manage the carpark

 

Lidil are 100% responsible for this

I totally agree and will do that after. But to get the issue gone Lidl can't help me.