@lidluk athena parking charge***Appeal Success***

[kelly11]

he will get me the photo later this afternoon.

thanks to whoever gave the 3 points. might use those unless anyone has anything else we can use after the hubby has sent the photos.

[kelly11]

cant send the photo, my phone and email isnt recieving them, even tried from a different account.

will an appeal work without the photos?

[armadillo71]

cant send the photo, my phone and email isnt recieving them, even tried from a different account.

will an appeal work without the photos?

The sign you posted up seems to refer to a contractual sum.

The rejection letter refers to a 'failure to comply', which is breach of contract.

Two different things. The sign on the actual car park dictates what the charge is supposed to be.

As we can't see the sign, you will have to cover all bases in your appeal... which everyone probably should anyway.

[kelly11]

finally got the phone to work and have the sign.

[kelly11]

so does the sign show anything in our favour? how can i use it in the appeal?

[armadillo71]

1. Damages or contractual charge: Parking charges are issued either as a breach of contract (damages) or as a contractually-agreed sum. It is important that you identify which it is, since different rules apply, and therefore your appeal may be worded differently. For example, if it is for damages, then the parking company must be able to demonstrate a genuine pre-estimate of loss (see section 19.5 of CoP). If it is issued as a contractual charge, then the parking company must be able to demonstrate it is not punitive or unreasonable. One tactic parking companies use in their POPLA evidence is to make it ambiguous which it is; in this case you should try to cover both angles of attack in your appeal.
   

To cover everything, you have to state in your appeal to POPLA that you want Athena to show the genuine pre estimate of loss to the landowner that this charge represents.(Breach of contract).

Can Athena demonstrate that this charge is fair and reasonable? And where is the option to pay on site if the driver wishes to stay for more than one hour?(contractual charge)

Can Athena prove, by proof of sight of the contract, that they have the authority to pursue this parking charge notice.

You can log your appeal on the POPLA website so the code doesn't time out, and add to it later if you need to.

 

 

(The quote above(1.) is from the parking cowboys website.)

[silverfox1961]

I looked at the bottom of that sign. "All profits will be donated to charity"

 

On the assumption that they say the charge covers the loss, how can there be any profit?

[kelly11]

are those the 3 points i can use, contractual charge, breach of contract (preestimate of loss) and proof of contract? or are there others aswell.

i would like as many points to cover the appeal as i have 2 to do. and in easier language aswell, i dont really understand all the big words

[kelly11]

are those the 3 points i can use, contractual charge, breach of contract (preestimate of loss) and proof of contract? or are there others aswell.

i would like as many points to cover the appeal as i have 2 to do. and in easier language aswell, i dont really understand all the big words

 

Anyone?

[armadillo71]

1. Is the charge a contractual charge, or for breach of contract?

 

 

2. Can Athena show that the charge is fair and reasonable, and not punitive. Where is the option on site for the driver to pay to park for more than 1 1/2 hrs?

 

 

3. Can Athena show a full break down of the genuine pre estimate of loss flowing from any alleged breach of contract? Obviously business running costs do not apply.

 

 

4. Can Athena show , by proof of sight of the contract , that they have the authority from the land owner to pursue parking charges.

 

 

5. Signage states that all profits are donated to charity. How can this be possible if the charge is damages?

[kelly11]

thank you. i just have to write those 5 points in my own words then and send the appeal?

[armadillo71]

thank you. i just have to write those 5 points in my own words then and send the appeal?

 

Yes. If the invoices you got in the post don't name who the creditor is, add that as well. For not complying with the BPA code of conduct.

[kelly11]

how will i know if they mention a creditor or not. they havent used the word in the letter after the appeal.

 

also i am confused at to whether the charge IS a contractual charge, or for breach of contract. it mentions terms, and they say they have 'appropriate contractual authority'.

im getting really confused now

[kelly11]

neither letter (the original parking charge or the deniel for appeal) have the word creditor in them or mention anything along those lines (that i can see).

it does say that the incident happened at lidls bedford, but not that they are the creditors

[kelly11]

these are the points i have got. do these sound alright? is there anything i should add, or any i should remove? im not sure about the 4th one as i was confused about the first point you made armadillo71

 

Please provide a full breakdown of genuine pre-estimate of loss to the land owner that this charge represents.

Please provide proof that this charge is fair and reasonable, and not punitive.

Please provide proof that an option is on site for extra stay parking, for those wishing to stay above an hour.

Please provide proof that the charge is a contractual charge or for a breach on contract.

Please provide , by proof of sight, that Athena ANPR Ltd have a contract that authorises them to pursue parking charge notices.

Signage at the site states that all profits are donated to charity. How can this be possible if the charge is for break of contract/damages?

[Pavi]

Do not respond to them I repeat do not respond to them.

 

My wife and I have had several of these these tickets from different [problem]sters.

 

In every case,

4 so far

I have dealt with them in this way.

 

In the meantime look them up on the register of data controllers on the net easy to find.

 

You need their address which should be on the letters of course,

It is easy to do If they are not registered they have no right to obtain or process your data because it is illegal to do so.

 

Bingo one of the few contraventions of the DPA that is actually an offence.

 

Send a letter send to the Data Commissioner and demand that refers the matter to the DPP with a view to prosecuting the offender.

 

Send another letter to the DVLA data controller and ask why the have allowed an unregistered data controller to procure your data.

 

Explain that this has caused you harm and distress which is unlawful under the terms of the Data Protection Act.

You could sue them both for damages

 

If they are registered just ignore them as I said.

 

They get fed up after about 3 months and 4 or 5 nasty letters.

Do not be intimidated by them, they are bullies just out for your money.

 

So if in doubt take proper legal advice.

 

Please caggers note that Capital 2 Coast Parking Management are not registered as data controllers.

 

If you have been contacted by them re a parking issue they have obtained and processed your data illegally Inform the Commissioner and demand action as above.

Regards and good luck Pavi

Edited February 2, 2014 by stu007
Removing 'However I am just a barrack room lawyer'.

[Pavi]

Good news I have just checked the register ANPR are not registered at the address given on their web site. Unless they have registered in the meantime which I doubt.

 

Regards Pavi

[f16]

Kelly11 The route you have been advised on by previous posts is correct. Continue on it

 

#91/92 I have reported to site team to reassure you

[kelly11]

thanks.

 

i have submitted both appeals. i used 5 points (thanks armidillo71). i also uploaded the photo my hubby took of the sign.

on one of the appeals i pressed the wrong option so had to submit it twice, but i have emailed them to rectify this.

i have saved all emails recieved in my drafts (where i keep important emails) and a copy of the email which i also sent them.

 

thanks for the help recieved. when i get the emails back from popla i shall come back on and share how the appeals went.

[Pavi]

To all caggers and site team who come from the new age. For your erudition and future information the term "barrack room lawyer" is a used in jest. That is a person who is totally unqualified as a lawyer

" laying down the law to his comrades in the barrack room" sic. Thus my use of the term in my posts, which I shall continue to use in future.

With regard to the parking issue. The POPLA appeals! this is just a kangeroo court set up by the parking industry for their own ends.They have no legal mandate to "hear appeals" The more their gullible victims deal with them the bolder they become and consequently the more difficult it becomes for those of use trying to bring them to book. To illustrate my point, how many of us early caggers would have reclaimed our bank charges if we had dealt with the Retail Bankers Association? count them on the fingers of a mitten. Compared to the millions using our more robust methods. As regards parking cowboys my score is 4 nil to me. Perhaps those who advocate the kangeroo court to tell us theirs!

Regards Pavi the barrack room lawyer.

[armadillo71]

To all caggers and site team who come from the new age. For your erudition and future information the term "barrack room lawyer" is a used in jest. That is a person who is totally unqualified as a lawyer

" laying down the law to his comrades in the barrack room" sic. Thus my use of the term in my posts, which I shall continue to use in future.

With regard to the parking issue. The POPLA appeals! this is just a kangeroo court set up by the parking industry for their own ends.They have no legal mandate to "hear appeals" The more their gullible victims deal with them the bolder they become and consequently the more difficult it becomes for those of use trying to bring them to book. To illustrate my point, how many of us early caggers would have reclaimed our bank charges if we had dealt with the Retail Bankers Association? count them on the fingers of a mitten. Compared to the millions using our more robust methods. As regards parking cowboys my score is 4 nil to me. Perhaps those who advocate the kangeroo court to tell us theirs!

Regards Pavi the barrack room lawyer.

 

Start your own thread for the advice you clearly need.

[Chipper64]

In the meantime look them up on the register of data controllers on the net easy to find.

 

Pavi

 

Please could you provide a weblink to start looking for these?

[kelly11]

got an email from popla to say they have my appeal and will be in touch with athena. they will have the 'hearing' on 11th march.

[f16]

Fingures crossed then

[kelly11]

hello again. i got 2 emails from poola today regarding the appeal. it reads as follows

 

The Appellant appealed against liability for the parking charge.

The Assessor has considered the evidence of both parties and has determined that the appeal be allowed.

The Assessor’s reasons are as set out.

The Operator should now cancel the parking charge notice forthwith.

It is the Appellant’s case that the parking charge notice was issued incorrectly.

The Operator has not produced a copy of the parking charge notice, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the conditions of parking, in fact, were.

Accordingly I have no option but to allow the appeal.

 

both emails say exactley the same, so they didnt even fight the case. thankyou for all your help with this, just glad its over now.

 

kelly