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athena parking charge***Appeal Success***


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They must follow procedures regarding time-frames to provide you with a valid POPLA code. Always best to to have proof of posting (or recorded delivery) and keep copies of everything you send them.

 

Just wait for their reply

Edited by Nimrod205
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They must follow procedures regarding time-frames to provide you with a valid POPLA code. Always best to to have proof of posting (or recorded delivery) and keep copies of everything you send them.

 

thankyou, will get him to send recorded delivery, and print another copy for himself and keep reciept from post office

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correct, send 2 letters. When you get your POPLA numbers on each letter from Athena you appeal to them and it will cost Athena £27.50 for each appeal. If you appeal them together they only pay once and them try and weasel around the second one which could give you more grief in the future.

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Your appeal letters should be from the registered keeper and state that you are under no obligation to name the driver.

Don't sign, just print name.

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You should also ask if they are claiming for breach of contract, or is it a contractual charge?

The sign you have posted up is for a contractual charge. Meaning you can park there as long as you like, but you supposedly agree to pay £90/£45 to park there for longer than the free one hour. But is there any way to pay this on the site?

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i started a thread a week ago about my husband recieving 2 parking charges from athena parking,http://www.consumeractiongroup.co.uk/forum/showthread.php?414881-athena-parking-charge and was told to come back here when i recieved the letter from them.

i recieved the letter this morning, containing 2 identical letters, but with different popla codes on them. the letters both read as follows:

 

thankyou for your correspondence in relation to the outstanding parking charge.

 

the car park is on private land and a private landowner is free to impose any terms they wish on the use of their land y others. the terms on which customers are allowed to use the car park are clearly stipulated on the signage and people have the option not to park there if they do not wish to incure those charges.

 

there are a sufficient number of signs in the car park, which clearly state that if you fail to comply with the terms you will be liable to pay a parking charge. when you drove into the car park and parked your vehicle, you agreed to the parking terms detailed on the signage

 

there is photographic evidence to show that you failed to comply with the parking terms. therefore we are entiltled under those terms to require you to pay the parking charge and to take enforcement action against you if you refuse or fail to pay.

 

we are under no obligation at present to provide you with a copy of our contract with the landowner, but be advised that we do have the appropriate contractual authority to levy these charges and we can provide proof of this to both popla and the small claims courts.

 

as you have not provided and mitigating evidence as to the reason why you chose to remian on our clients land for longer than the stipulated period we regret to advise you that your appeal has been unsuccesful.

 

we will not enter into any further discussions with you on this matter and our appeals process is now exhausted.

you may pay online at ....... by telephone........ or by sending a cheque or postal order to the adress below.

if you wish to appeal further you may do this via the independent appeals service, parking on private land appeals (popla), but if they reject your claim you will have to pay the charge at the full rate. we will not enter into discussions with you or offer and further discounts at that point.

 

to appeal to popla please go to their website ....... and follow the instruction. if you would rather deal with this matter by post please contact our appeals office and we will send you the necessary paperwork. you must supply popla with the verification code shown in the bottom right hand corner of this letter. they will not consider an appeal unless this number is supplied on their appeal form.

 

popla's decision will be based on the evidence produced and by applying the relevant law. the most recent legilation concerning private parking is contained in schedule 4 of the protection of freedoms act 2012 (pofa).

please think very carefully that you have adequate grounds before submitting an appeal to popla. if you appeal to popla and they reject your appeal you will then have to pay the charges at the full rate.

 

can anyone talk me through the next step. thanks.

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My POPLA appeal win against PE was simply-

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

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

3.Please provide , by proof of sight, that (PPC) have a contract that authorises them to pursue parking charge notices.

Other people prefer to go into more detail but that won on genuine pre-estimate of loss.

As mentioned , a picture of the actual signage would be helpful. ...

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Armadillo71:

 

Did you supply a photo with your appeal? If so, how do you think that helped?

 

Nope. Just the 3 bullet points above. PE supplied about 15 photos though!

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My PPC have also supplied me with a set of photos.

 

Should i attach them with my POPLA appeal or will the PPC send them?

 

Rather than use somebody else's thread, please can i ask you for some advice? I've got my own thread running elsewhere on the forums and would appreicate it if you would have a look through it and let me know what you think. I'm currently at a stage where i've drafted up my POPLA appeal and think i'm ready to submit it.

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