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

[kelly11]

you know what, it seems a hell of a lot easier to pay the money. ignoring wont work, and it seems the few reasons for claiming popla do not cover my husbands reason for being in the car park. looking at google maps the signs are obvious, they are not hidden, and he remembered what was on them. he made the mistake of staying over time twice, one time was by 2 hours over the free period. and he only did it because a friend told him he had gotten away with it before. he has no excuses and no reason that he shouldnt pay the charge.

[silverfox1961]

Hi Kelly, I have just read the above post and this has cost me some time which I would like you to pay me for.

 

You are now thinking, "WHAT!" I don't owe Silverfox a penny.

 

True!

 

You also don't owe this bunch of fleecers a penny!

 

Who's pocket would you really like this money to be in?

[kelly11]

Hi Kelly, I have just read the above post and this has cost me some time which I would like you to pay me for.

 

You are now thinking, "WHAT!" I don't owe Silverfox a penny.

 

True!

 

You also don't owe this bunch of fleecers a penny!

 

Who's pocket would you really like this money to be in?

 

 

thats all well and good but maybe someone could spare the time to tell me WHO do i write to, and WHAT do i write. my husband has no excuses to file an appeal. so any advice on WHAT to do would be very helpful.

[armadillo71]

he has no excuses and no reason that he shouldnt pay the charge.

 

Why are you here then?

How do you know that the sign is similar?

[kelly11]

Why are you here then?

How do you know that the sign is similar?

 

because i didnt know that until about an hour ago. because all the signs are similar.

people keep telling me i dont have to pay but cant come up with any actual answers to my questions. again i will ask. WHO do i write to, and WHAT do i write.

[armadillo71]

thats all well and good but maybe someone could spare the time to tell me WHO do i write to, and WHAT do i write. my husband has no excuses to file an appeal. so any advice on WHAT to do would be very helpful.

 

Post 21.

[kelly11]

Post 21.

 

and according to popla my husband dosent have any of those reason.

these are the 4 reasons someone can appeal the charge with them:

The vehicle was not improperly parked;

The vehicle was stolen;

The parking charge (ticket) exceeded the appropriate amount;

I am not liable for the parking charge.

 

1. my husband parked there knowing about the charges and was willing to ignore them

2. the vehicle was not stolen

3. it clearly states the cost of the ticket on the signs, he clearly remembered that part of the sign even though he could say the whole sign word for word

4. he is liable as he knew of the charges and dilebratley stayed late thinking he wouldnt get a parking charge.

 

so where is the reason he can appeal against this?

[kelly11]

i found the following on here, someone said to send this to the company (athena), but when reading the information attached to the word ignore, it says not to send a letter to atehna but to the owner of the land, which would be lidl. would the letter be suitable, and who would i send it to. or do i send it to both.

 

I refer to your invoice dated the xxxxx and received on the XXXX

 

In response, I would ask you to note the following.

 

When an invoice is issued under the law of contract to a vehicle which although allowed to park on the land, is in breach of the conditions relating to parking, it could be argued that the charge being demanded is so high that it amounts to a penalty and is therefore unlawful under the Unfair Terms in Consumer Contract Regulations 1999.

 

Therfore should it be your intention to pursue this matter further, I will require the following infoirmation.,

 

1) Precise details of the calculation used to establish the sum pursued in this case, taking account of the following statement issued by the Department for Transport.

 

Charges for breaking a parking contract must be reasonable and a genuine pre-estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken. For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver.

 

2) I also require written proof that as a third party agent you have contractual consent from the land owner to raise legal proceedings on their behalf.

 

Furthermore, should you fail to provide a detailed response to any of the points raised in this correspondence a POPLAicon reference will be required in order that this issue can be progressed to the independent appeals body. I am of course fully aware that the decision of POPLA is binding only on the pursuer and not the defender.

 

I hope this information clearly outlines my position and I look forward to your detailed written response.

 

Yours faithfully

 

DO NOT PROVIDE A TELEPHONE NUMBER UNDER ANY CIRCUMSTANCES.

 

is this letter any good to send to athena? or will it just waste time. if in the end my hubby has to pay the ammount i would rather it be reduced than the full price

[Dublindel]

Kelly. Write an appeal asking the following questions.

Please justify your pre estimate of loss to the last penny.

Please provide a copy of your contract with the landlord.

 

At this stage, that is all you need in your letter. You will receive a rejection letter and a POPLA code and then we can deal with stage 2.

[silverfox1961]

According to POPLA (who are funded by the parking industry) these are the grounds for appeal but they do not include all the grounds.

 

The parking charge is not a true estimate of loss. This was a free car park so what loss? None.

 

I'm not sure you have truly grasped that Athena have absolutely no power over you. Even if you lost the POPLA appeal you still don't have to pay

 

The only way they could get a penny out of you is to take court action and if they don't own the land or have the landowners permission to act on their behalf-they cannot!

 

If you read around the forum about Parking Eye (similar to Athena) you will see that PE have been ripped another one on various occasions and lost many an appeal.

 

Please try not to be intimidated by these companies. They are nothing-period.

[kelly11]

Kelly. Write an appeal asking the following questions.

Please justify your pre estimate of loss to the last penny.

Please provide a copy of your contract with the landlord.

 

At this stage, that is all you need in your letter. You will receive a rejection letter and a POPLA code and then we can deal with stage 2.

 

do i need to include a request for popla number in the letter just incase they dont send one. it seems to happen alot

[silverfox1961]

do i need to include a request for popla number in the letter just incase they dont send one. it seems to happen alot

 

Yes-just in case.

 

Something like "As you will reject this appeal out of hand anyway, please include the POPLA appeal number with your reply."

 

OR

 

"If you choose to reject this appeal, please supply a POPLA appeal number."

[kelly11]

Yes-just in case.

 

Something like "As you will reject this appeal out of hand anyway, please include the POPLA appeal number with your reply."

 

OR

 

"If you choose to reject this appeal, please supply a POPLA appeal number."

 

would the letter quoted in post 33 be acceptable to send them, aslong as i tag on about the popla number? if so i will get my husband to print it out straight away and send it

[armadillo71]

Appeal to Athena 1st.

If rejected you can appeal to POPLA with 'I am nt liable for this charge'

Your reasons will be not a genuine pre estimate of loss, no contract with the land owner... amongst others.

Can you post up a redacted copy of one o the invoices?

[kelly11]

also is there a way of getting a popla number wthout going through athena?

[silverfox1961]

also is there a way of getting a popla number wthout going through athena?

 

No. you have to go through them first as POPLA will not entertain you otherwise.

 

I will try and find a letter that was posted here. Hang fire.

[Nimrod205]

See above

Edited January 13, 2014 by Nimrod205
Already answered

[silverfox1961]

Kelly

I have had to unapprove the post you just made as you left in the parking charge notice number which would positively identify you. Please edit and repost.

 

Here is a letter one CAGger made. I'm sure you could adapt it to your own circumstances

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?403571-help.-excel-parking-(the-peel-centre-stockport)&p=4346586&viewfull=1#post4346586

[kelly11]

Kelly

I have had to unapprove the post you just made as you left in the parking charge notice number which would positively identify you. Please edit and repost.

 

Here is a letter one CAGger made. I'm sure you could adapt it to your own circumstances

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?403571-help.-excel-parking-(the-peel-centre-stockport)&p=4346586&viewfull=1#post4346586

 

i am using the one above to send to them, i will copy it here when im finished and see what you think of it.

[kelly11]

how does this sound?

 

Athena Parking,

 

I refer to your invoices dated the 07.01.2014 and 08.01.2014 and received on the 10.01.2014, invoice numbers ....... and ....... regarding a green Vauxhall Astra, registration.........

 

In response, I would ask you to note the following.

 

When an invoice is issued under the law of contract to a vehicle which although allowed to park on the land, is in breach of the conditions relating to parking, it could be argued that the charge being demanded is so high that it amounts to a penalty and is therefore unlawful under the Unfair Terms in Consumer Contract Regulations 1999.

 

Therefore should it be your intention to pursue this matter further, I will require the following infoimation.,

 

1) Precise details of the calculation used to establish the sum pursued in this case, taking account of the following statement issued by the Department for Transport.

 

Charges for breaking a parking contract must be reasonable and a genuine pre-estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken. For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver.

 

2) I also require written proof that as a third party agent you have contractual consent from the land owner to raise legal proceedings on their behalf.

 

Furthermore, should you fail to provide a detailed response to any of the points raised in this correspondence a POPLAicon reference will be required in order that this issue can be progressed to the independent appeals body. I am of course fully aware that the decision of POPLAicon is binding only on the pursuer and not the defender.

 

If you choose to reject this appeal please be so kind as to include a POPLA number sent with your next reply.

 

I hope this information clearly outlines my position and I look forward to your detailed written response within the next week.

 

Yours faithfully

 

(name and adress)

 

 

is there anything else i should add or take away from the above letter. do you think its good enough?

[silverfox1961]

To me that letter is pretty good to go. Understand that this is just an exercise as they will reject you and it is just to get the POPLA code.

 

You will be fine. For a bit of light relief google parking prankster.

[Nimrod205]

Looks good to me. Now they know that you will defend your position. Just relax, wait for their reply and come back here for advice on how to proceed. Don't be intimidated and above all, don't worry.

 

Look here: http://parking-prankster.blogspot.co.uk/

[kelly11]

To me that letter is pretty good to go. Understand that this is just an exercise as they will reject you and it is just to get the POPLA code.

 

You will be fine. For a bit of light relief google parking prankster.

 

if i have written i expect them reply in a week that they will. would they not reply for 4 weeks so i cant use the popla code to appeal?

[kelly11]

should we also send it recorded, or should it be normal first class?

[kelly11]

ok, ive sent a copy to the husband who will print it off and send it to them. should i be expecting anymore letters from them until i get a reply for this letter?

thanks for the help and sorry im a P. I. T. A and am grumpy.