@lidluk ANPR strike again!

[Phillippa M]

Hi

 

I got one of these letters from ANPR Ltd after allegedly overstaying at Lidl,

along with photographs of my car entering and leaving the car park.

 

I had not visited this site at that point.

 

I wrote back to ANPR admitting that I was driving the car,

but pointing out to them that when I arrived at the car park is was already dark,

and the pay and display machine stated that parking was free after 6pm.

 

If there are signs up in Lidl I was certainly unable to see them as it was evening

and already dark (as can be seen on my photos).

 

Athena APR have sent their usual

 

"The car park is on private land etc etc" letter back to me today.

 

They have not acknowledged anything that I put in my letter of defence,

just stating that they are entitled to require that I pay the parking charge

or they will take enforcement action against me.

 

What should I do?

Edited October 19, 2013 by Phillippa M
typing error

[Surfer01]

Hi I also got one of these letters from ANPR Ltd after allegedly overstaying at Lidl, along with photographs of my car entering and leaving the car park. I had not visited this site at that point. I wrote back to ANPR admitting that I was driving the car, but pointing out to them that when I arrived at the car park is was already dark, and the pay and display machine stated that parking was free after 6pm. If there are signs up in Lidl I was certainly unable to see them as it was evening and already dark (as can be seen on my photos). Athena APR have sent their usual "The car park is on private land etc etc" letter back to me today. They have not acknowledged anything that I put in my letter of defense, just stating that they are entitled to require that I pay the parking charge or they will take enforcement action against me. What should I do?

Write to them asking for a POPLA appeal number as you. wish to appeal the charge as you feel it is a penalty charge. Then appeal to POPLA as per the sticky on this forum.

[ims21]

I have moved a couple of posts from another thread here and tidied up.

 

Please keep to this one thread for your issue Phillipa

 

Ta

[i hate bailiffs]

Make sure you contact head office of Lidil

telling them how there agents are driving there customers away

[Phillippa M]

Hi Thanks, will do. I only joined today and tagged onto someone else's issue and then thought I just just have probably started my own thread

[Phillippa M]

Will give it a go, thanks for the advice x

[ploddertom]

Moved to Private Parking Forum

[Nev Met]

Hi

 

I got one of these letters from ANPR Ltd after allegedly overstaying at Lidl,

along with photographs of my car entering and leaving the car park.

 

I had not visited this site at that point.

 

I wrote back to ANPR admitting that I was driving the car,

but pointing out to them that when I arrived at the car park is was already dark,

and the pay and display machine stated that parking was free after 6pm.

 

If there are signs up in Lidl I was certainly unable to see them as it was evening

and already dark (as can be seen on my photos).

 

Athena APR have sent their usual

 

"The car park is on private land etc etc" letter back to me today.

 

They have not acknowledged anything that I put in my letter of defence,

just stating that they are entitled to require that I pay the parking charge

or they will take enforcement action against me.

 

What should I do?

 

Dear Sir,

 

Your ref; Parking Charge Notice number.................

 

Further to our earlier correspondence, please note this is a formal challenge/appeal against the parking charge in accordance with paragraph 22 of the BPA Ltd CoP (version 3)

 

I dispute the parking charge for the following reasons

 

a) The £xxx charge is punitive and does not represent a genuine pre-estimate of liquidated damages.

 

b) You do not have the necessary contractual authority to enforce the parking charge.

 

I therefore expect you to comply fully with your industry code of practice and either cancel the parking charge or issue me with the unique 10 digit code so that this matter can be properly referred to POPLA.

 

Finally, I am not prepared to enter into a debate with you concerning the merits of either your case or mine and therefore no further correspondence will be entered into.

 

Kind regards,

 

Phillippa

[Jamberson]

Moved to Private Parking Forum

 

I'm reading it on the council section - can it be moved across.

[Crocdoc]

Send this to Athena ANPR or POPLA on LIDL's own admission the charges are penalties.

Date: Wed, 17 Apr 2013 17:58:42 +0200

From: [email protected]

To:

Subject: PR #PM1021248: Your enquiry to Lidl

 

 

 

 

 

Hi

I have spoken with our Livingston officeregarding a Lidl representative participating in this broadcast and I’m afraid it is not be possible for the appropriate person to attend.

 

I have however included our statement regarding this matter below as requested.

 

A number of Lidl UK car parks have time restrictions in place in order to discourage motorists who do not intend to visit the supermarket from using the parking spaces. A car park management system was introduced to the Lidl Dalkeith store following feedback from customers experiencing problems with the availability of parking. The implementation of these restrictions successfully ensures that there are parking spaces available for our customers to use at their convenience. All Lidl UK car parks are equipped with signage informing those parking there of any time limitations, as well as the penalties imposed should they remain over the allowed time.

 

Lidl UK take all customer comments onboard, and we are continually reviewing the processes we have in place to ensure the satisfaction of our customers.

 

Kind regards,

Clare

 

Clare Norman

PR Manager

Lidl UK

 

Lidl UK GmbH, 19 Worple Road, Wimbledon, SW19 4JS

Registered in England No.FC017929, VAT No. GB 614 798 608

Edited October 19, 2013 by Crocdoc

[ploddertom]

I'm reading it on the council section - can it be moved across.

 

It has you are looking at the re-direct which is in place for a few days.

[lookinforinfo]

No one seems to be showing the actual notice and it appears unclear that the motorists are being advised that they can appeal to POPLA. If they are not, then the case will be thrown out of Court.

[Surfer01]

No one seems to be showing the actual notice and it appears unclear that the motorists are being advised that they can appeal to POPLA. If they are not, then the case will be thrown out of Court.

 

There is no requirement to appeal to POPLA and as POPLA are not a legal or recognised entity, it is unlikely they will even get a mention in any case that actually went to court. Therefore there is no reason to advise about POPLA. From the motorists point of view, the PPC has to pay a charge to POPLA if you appeal so one way of getting your own back.

[esmerobbo]

Except if it doesn't go through POPLA or POPLA is not offered which is a condition of POFA then only the driver is responsible.

 

Pity the OP admitted to being the driver, they will get the usual drivel but Athena to my knowledge have never done court.

[lookinforinfo]

There is no requirement to appeal to POPLA and as POPLA are not a legal or recognised entity, it is unlikely they will even get a mention in any case that actually went to court. Therefore there is no reason to advise about POPLA. From the motorists point of view, the PPC has to pay a charge to POPLA if you appeal so one way of getting your own back.

 

 

Under the new regulations these invoices are required to include how the motorist can appeal the ticket. If that is not included the notice is invalid. I only say that because I posted this thread a few days ago.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?405949-Vinci-Park-Services-take-a-hit

[DBC]

The title of this thread needs to be changed. The OP is referring to Athena ANPR, which is a different company to one simply called ANPR.

[Nev Met]

Under the new regulations these invoices are required to include how the motorist can appeal the ticket. If that is not included the notice is invalid. I only say that because I posted this thread a few days ago.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?405949-Vinci-Park-Services-take-a-hit

 

Only if a Notice is served under PoFA.................

 

There are currently (now) three methods of private parking enforcement in use today

 

1) Those Notices issued under the old pre-PoFA regime generally referred to as PCNs (or 'invoices' on here)

 

2) Those Notices issued under Sch 4 PoFA - the Notice given at the time of the alleged contravention is prescribed under PoFA as a Notice to Driver (NtD) and a Notice that is either first served by post (instead of an NtD) or a follow up postal Notice to the RK if the NtD is not responded to, those Notices are prescribed under PoFA as a 'Notice to Keeper' (NtK)

 

It's really important that in advising or referring to either 1) or 2) that the correct names is given because the potential liability between 1) and 2) are completely different.

 

If a registered keeper receives a Notice served under PoFA which doesn't include how the motorist can appeal the ticket then that is only (potentially) fatal where the driver has not been named. Once the parking operator has the admitted name and address of the driver then it is totally immaterial as to whether the Notice complies with PoFA or not.

 

Only those operators who are members of an ATA for the private parking industry and agree to abide by an enforceable CoP can access RK data.

 

3) The third method of enforcement is by any company that manages parking on private land via 'trespass'. At the moment the only company that I am aware of that does so is Proserve.

 

The DVLA is currently happy for Proserve to manage parking on private land and issue parking notices for 'trespass' (only) and obtain DVLA data by submitting a V888/2 (rather than the normal V888/3 for parking enforcement).

 

Proserve are clearly held in such high regard by the DVLA that this method of enforcement allows Proserve to;

 

a) Charge what they like on their Parking Trespass Notices

b) Do not have to abide by any parking industry CoP

c) Do not have to offer access to an IAS

[ericsbrother]

Now, Lidl have been instructing PE to cancel a large number of their invoices where purchase from the store concerned can be proven which does raise the question as to whether the parking companies actually have the right to pursue in their own name as they claim. If Lidl decide thay they cancel then surely they must or Lidl will be sued by those the PPC's are taking to court for breach of contract (letter of cancellation) so does that mean that if it can be proven that Lidl are still managing their car parks the PPC's have no right to form a contract in the first place? Any thoughts or case law on this?

Regarding Proserv, they wont be able to go any further with trespass as the standard defence of liquidated damages will eman they get nothing anyway.

[Nev Met]

Regarding Proserv, they wont be able to go any further with trespass as the standard defence of liquidated damages will eman they get nothing anyway.

 

http://www.gazette-news.co.uk/news/local/10677417.Colchester__Lorry_firm_loses___900_parking_fine_row/

[esmerobbo]

http://www.gazette-news.co.uk/news/local/10677417.Colchester__Lorry_firm_loses___900_parking_fine_row/

 

Proves the point that a County court is a lottery. The remedy for trespass has always been to put the person trespassed against back into the position they were in before the trespass. Those lorries must have caused some damage, would have been interesting to see the actual POC.