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Athena ANPR parking 'fine' Lidl Streatham 29/08/15 - ** SUCCESS AT POPLA **


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Hi everyone,

 

My first post.

 

I have read through many of the sucess and ongoing stories in relation to these shenanigans, and must say you guys are quite amazing giving up our own time to help others.

 

I am almost sure now how to proceed with this, but I wanted to be sure.

 

I recieved my 1st letter today 05/09/15.

The contravention was on 29/08/15.

The charge was issued on 03/09/15.

They have changed the parking restrictions to 10 mins unless you have your car reg validated by Lidl staff.

I was totally unware of this until today and no staff told me about it. I have no store reciepts.

 

£90 or £45 if paid within 14 days.

 

I am going to appeal straight away and request the POPLA number under the basis of unfair charges and the fact they have no contract with the land owner.

 

Is there a template letter I can use? With all the technical jargon and lawful speak?

 

Please let me know if this is the correct approach.

 

Many thanks in advance.

Edited by Demon1982
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This is my appeal to Athena. I have taken most of it from another user Kelly11. Please could someone in the know check it over and say if it is ok or I should remove anything.

 

Athena ANPR Ltd,

 

I refer to your invoice dated the _________ and received on the ___________, invoice number ********* regarding a green Volkswagen Polo, 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 information,

 

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.

 

3) Please note that as the registered keeper this does not imply that it is the same as the driver, as the driver can only be held accountable. I was not the driver in this instance and I’m under no obligation to disclose who was.

 

Furthermore, should you fail to provide a detailed response to any of the points raised in this correspondence a POPLA 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.

 

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

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Your appeal is fine but dont expect to win it,

that is not in the parking company's interests after all.

 

Now, with the new conditions it would be worth photographing the signage and see if there is such a condition they claim to be breached

 

also when you do get to making your POPLA appeal you will need to demand sight of the original contract and the new one that allows for these changes to be made.

 

You can then demand to see the planning permission for the new signage as well. all are things they wont want to produce so dont fret about this stage.

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Your appeal is fine but dont expect to win it, that is not in the parking company's interests after all.

Now, with the new conditions it would be worth photographing the signage and see if there is such a condition they claim to be breached and also when you do get to making your POPLA appeal you will need to demand sight of the original contract and the new one that allows for these changes to be made. You can then demand to see the planning permission for the new signage as well. all are things they wont want to produce so dont fret about this stage.

 

Yes I'm completely aware they will just throw this back at me with the POPLA number.

So you mean the original contract of the old parking system. I. E Park for 90 mins free. And the new changed one with the registration validation?

 

Thanks for the reply. I will keep updated. I will post on Monday so if any changes need to be made to that please let me know before then.

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Get on to Lidl? The threads I have read say appeal straight to Athena..?

 

Lidl are not the ones sending the parking charge.

 

Yes I know that!

Do you as a customer of lidl think it is how you should be treated

Complain to lidl they are responsible for the parking cowboys

Shop elsewhere

Eventually they will get rid of anpr camaras and give the job to someone on foot

Who can speak to customers and manage the carpark

 

Lidil are 100% responsible for this

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Yes I know that!

Do you as a customer of lidl think it is how you should be treated

Complain to lidl they are responsible for the parking cowboys

Shop elsewhere

Eventually they will get rid of anpr camaras and give the job to someone on foot

Who can speak to customers and manage the carpark

 

Lidil are 100% responsible for this

 

I totally agree and will do that after. But to get the issue gone Lidl can't help me.

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[ATTACH=CONFIG]59216[/ATTACH]

 

Ok guys so today I went back to Lidl to take some photos of the car park and signs.

 

Please take a look. Its interesting.

 

There are no signs on the outside of the car park or on the entrance. Only once you drive into the entrance there is a sign ahead. Then another 10 or so dotted around.

 

It does not state on the sign about the "10 mins free parking without validation" It mentions only up to 90 mins. It does say however that it is for Lidl customers only.

 

"a charge of £90 applies to the driver of vehicles that exceed these time limits and all non-customers"

 

What do you guys think?

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[ATTACH=CONFIG]59216[/ATTACH]

 

Ok guys so today I went back to Lidl to take some photos of the car park and signs.

 

Please take a look. Its interesting.

 

There are no signs on the outside of the car park or on the entrance. Only once you drive into the entrance there is a sign ahead. Then another 10 or so dotted around.

 

It does not state on the sign about the "10 mins free parking without validation" It mentions only up to 90 mins. It does say however that it is for Lidl customers only.

 

"a charge of £90 applies to the driver of vehicles that exceed these time limits and all non-customers"

 

What do you guys think?

 

 

Where is the facility to pay the charge on site? I don't want to shop in lidl but I can park there if I pay £45. That is what the sign says...

 

Do Athena or lidl pay VAT on the income from the car park? Because they should do...

 

Do Athena or lidl have planning permission for the signage?

 

These are questions that need to be answered.

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Where is the facility to pay the charge on site? I don't want to shop in lidl but I can park there if I pay £45. That is what the sign says...

 

Do Athena or lidl pay VAT on the income from the car park? Because they should do...

 

Do Athena or lidl have planning permission for the signage?

 

These are questions that need to be answered.

 

Thanks Armadillo71. So what do you think I sould do.

If you see above a few posts I have posted what I am going to sent to Athena as my appeal.

Is that sufficient? Or add things?

Should I send them the images? Or just wait until I get the POPLA code?

I am appealing via email. Or should I do it via post?

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Appeal by email followed with one in the post

Send a soft appeal the car in question never entered the carpark what ever you like

Save the big gun for POPLA that will cost the carping company!

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Appeal by email followed with one in the post

Send a soft appeal the car in question never entered the carpark what ever you like

Save the big gun for POPLA that will cost the carping company!

 

OK so what I posted above. Not that to athena?

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I would not send that. You have 28 days from the issue date to appeal so there is no immediate rush.

 

POPLA is currently changing hands and we have no idea how the new mob will handle appeals...

 

As already stated, give lidl an ear and keyboard bashing in the first instance as you the RK, have received this demand for money because the driver of your car shopped in the store...

 

I think the appeal to Athena should be worded strongly with all legal points included to get the charge cancelled at the first opportunity.

 

The driver should not be named or admitted at any stage.

 

Can you post up a redacted copy of the NTK please?

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I would not send that. You have 28 days from the issue date to appeal so there is no immediate rush.

 

POPLA is currently changing hands and we have no idea how the new mob will handle appeals...

 

As already stated, give lidl an ear and keyboard bashing in the first instance as you the RK, have received this demand for money because the driver of your car shopped in the store...

 

I think the appeal to Athena should be worded strongly with all legal points included to get the charge cancelled at the first opportunity.

 

The driver should not be named or admitted at any stage.

 

Can you post up a redacted copy of the NTK please?

 

Ahh. Too late. I emailed athena this evening as I didn't want time to run down. I will. Add the NTK tomorrow as I can't scan it at the moment.

 

Guess we will have to wait and see. So you say POPLA is changing hands? How comes no one mentioned this before? So quite possibly all of these success stories may come to an end? Oh well. Guess I will have to wait and see.

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Ahh. Too late. I emailed athena this evening as I didn't want time to run down. I will. Add the NTK tomorrow as I can't scan it at the moment.

 

Guess we will have to wait and see. So you say POPLA is changing hands? How comes no one mentioned this before? So quite possibly all of these success stories may come to an end? Oh well. Guess I will have to wait and see.

 

 

 

:suspicious:

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