@lidluk Civil Parking Charge

[AdeleW]

Hi, Please can someone help ! I've received a civil parking charge in Lidl in Barnsley saying I was 10 mins over the 1hour 30 mins allowed. Photographic evidence sent. I am fortunate enough to have a company car so these notices are sent to the office first then forwarded on to myself. I have already paid one of these last year for ten mins over and having looked on the forum I notice Lidl do this regularly . What should I do next as I really don't want to have to pay again for just shopping ! Thanks

[ericsbrother]

Ok, who is the company asking you to pay? Probably Parking Eye at Lidl but let us know as different parking co's vary in how sloppy they are with their demands.

What I would do is first of all write to the company and ask to see the contract that allows them to form a contract with you and claim for losses in their own name and then ask for a breakdown of the losses caused by your overstay and ask whether they have planning consent to limit your stay on someone else's property to 1.5 hours.

If they dont answer these questions then they are supposed to provide you with a code that allows you to appeal to POPLA. As your letter to them isnt strictly an appeal it will be interesting to see how they handle it as the content is exactly as you would put the matters to a POPLA appeal anyway.

[AdeleW]

Thanks for the reply. Athena ANPR Ltd are the company asking to be paid . Is there something specific I need to do regarding them or do as mentioned in your post. Thanks

[renegadeimp]

Do NOT worry about this company. They cannot do anything provided you follow the Correct procedures. Thats the procedures people on this forum will give you, NOT the rubbish the parking company will try and tell you.

 

Remember, the parking companies are nothing more than cowboy clampers. They got shut down when clamping was made illegal, so now theyre trying this out.

[armadillo71]

You are appealing as the driver now, so that your company cannot pass any charge onto you, and they are dismissed of any liability under POFA schedule 4.

Have a read of this thread for an idea of what you need to do;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?414881-athena-parking-charge***Appeal-Success***

[ericsbrother]

You need to appeal as the driver of the vehicle and make sure that they know that all correspondence is to be sent to you. If they fail to do this then they lose the right to claim from the keeper so you should let your company know this as well in case they get further demands. What you sat in your appeal to them doesnt really matter, claim lack of contract due to misleading and inadequate signage. They have to respond to you in a fixed time ad if they reject your appeal have to supply you with a POPLA code so you may appeal to the independent arbitrator. That is where you win using the arguments put forward on most of the threads here..

[Suzuki 550]

Thanks for your reply I have been reading some comments and one said not to admit you were driving only that you are the RK.

[Suzuki 550]

Thanks for your reply I have been reading some comments and one said not to admit you were driving only that you are the RK.

Sorry please ignore put in wrong thread.

[AdeleW]

Thanks everyone for the replies. I'll let you know of outcome .

[AdeleW]

Hi Everyone, I emailed an "appeal" off to AthenaANPR after all of your kind advice given above and now have a reply from them . They have sent the reply directly to me not to the company but they have not answered the fact that I specifically stated it was an appeal and have basically just said" terms and conditions are displayed in prominent places" and spouted Schedule 4 of the Freedoms Act2012 in the letter. They have not answered any of the other questions I asked as per above.

Help, what do I need to do now,

Many thanks in advance, Adele

[ericsbrother]

So, no POPLA code? Then write to the boss of the BPA and copt yo POPLA saying that Athena have refused to send you a POPLA code and are abusing their authority as members of youtr organisation by failing to follow the procedures as prescribed in the PoFA and the BPA codes of practice and you demand that they are instructed to either follow the law or write to you and tell you that the matter is being dropped. as there is a limited time allowed in the PoFA you expect a resolution without delay. Demand to know what the BPA intend to do and ask for a copy of any documents they send to Athena that has you as the subject in this regard or you may consider a Subject Access Request to see it.

Copy letter to athena as well.

Many of these companies are trying to avoid the appeal as they know they will lose by the content of the appeals sent to them. They should grow up and take their medicine.

[AdeleW]

Many thanks for your reply . I have emailed all of above info to POPLA, BPA and copied Athena ANPR in too I await their response !!! I also noticed on the second notice I got from them that they state that all appeals cannot be made by phone but in the next line ask for your number if they need to contact you. Is this so they don't incriminate themselves !!!!?? Thanks again

[ericsbrother]

no, it is so they can employ debt collectors to harass you by phoning 30 times a day.