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


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Hi guys sorry for the delay, here is what I used in my appeal.

 

Firstly the signage. See photos attched of parking site. There are no signs on the outside or entrace to the car park thus it is not possible to consider whether or not to park in the car park because signs cannot be seen until you enter.

Also the signage does not state anything about a minimum free period of 10 minutes.

These signs are also illegal, as I have contacted Lambeth council and neither Lidl or Athena ANPR have planning permission to erect any signage (see attached) therefore no contract can be formed. This is fraud by misrepresentation. This has been reported to Action Fraud.

Athena ANPR have failed to clarify whether the charge is for damages arising from breach of contract or a contractual charge.

If this is a claim for damages, I require Athena ANPR to provide a full breakdown of genuine pre-estimates of loss to the landowner that this charge represents. Obviously, business running costs do not apply. I contend that the landowner and Athena ANPR have suffered no loss on an alleged overstay in a free car park.

If this is issued as a contractual charge, I require Athena ANPR to provide proof that the charge is fair, reasonable and not punitive. I submit that Athena ANPR has not provided a mechanism on site if the driver wishes to stay for longer than 90 minutes, and it is an unfair attempt to make a party pay excessively for an event which would normally be 'breach of contract.' I contend that the £90 charge is punitive, and an unenforceable penalty.

Finally, I require Athena ANPR to produce to POPLA the contemporaneous and unredacted contract between the landowner and Athena ANPR that authorises them to issue parking charge notices. I contend that there is no contract with the landowner that entitles Athena ANPR to levy these charges and to pursue these charges in their own name in the Courts, and Athena ANPR therefore has no authority to issue charge notices.

I therefore respectfully request that my appeal is upheld and the charge dismissed.

 

 

Hope this helps someone.

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