@lidluk Athena ANPR Ltd (LIDL) parking charge - NTK received

[Dan9791]

Hello to everyone reading this which is also my first post,

 

Earlier today i received a "CIVIL PARKING CHARGE NOTICE" from parking in a Barnsley LIDL car park a few days ago.

 

The charge is £90 at a discount of £45 if paid within 14 days. I was 31 minutes and 58 seconds over the 10 minutes free parking.

 

The situation

- In all honesty i wasn't even aware the parking was only for 10 minutes free

as i could barely read the sign from where i was stood

but i'll go back and check tomorrow so lets disregard this for now.

 

 

I parked up, popped down the road for maybe 5-10 minutes with the intention of doing my shopping

when i arrived but i had a message and my situation changed.

 

 

Hopped in my car to start it up and being an old car

- austin mini on a manual choke,

the choke knob came off and it took me the considerable amount of time to get it back on so i could start the car.

 

Now, i've read several bits of advice here from various letters with a defense

to straight up ignoring it

but none for quite the 30 minutes over time.

 

 

To make it clear i've not made any contact with them yet and don't plan to until i know where i stand.

 

Many thanks

 

EDIT - Just to clarify, the letter has the camera pictures where the license plate is visible etc.

Edited September 18, 2015 by Dan9791

[Bazooka Boo]

Ignoring them is the old advice.

 

Have you received the notice to keeper (NTK) ?

 

Did you shop in Lidl? If so make a very loud complaint with them about their powerless private parking outfit, and tell them you won't shop there again.

 

Ericsbrother is a whizz at these, he will pick it up later and advise better than I can.

 

If it is local to you, can you go back and photograph the signage?

[Dan9791]

Thanks for the reply,

 

I just have the "Civil parking charge notice" and nothing specifically stating notice to keeper or NTK.

 

Unfortunately no i didn't shop at lidl in the end, though as stated that was my intention originally - though i'm fully aware this is now irrelevant and holds no grounds anyway.

 

I'll head back and photograph the signage tomorrow, though i believe all i could read from where i was is that the carpark is for Lidl customers only.

[Bazooka Boo]

That's the type of evidence your after, if the signage isn't visible to the driver on entry then no contract can have been formed.

 

DON'T reply to that letter yet, is it addressed to you personally?

[Dan9791]

I've just noticed it DOES say "NOTICE TO KEEPER" at the top left and yes it is addressed to me personally.

[Bazooka Boo]

OOhh!! So what is the date they say you overstayed?

 

And what date did you receive the NTK?

[Dan9791]

The date it says i overstayed was the 14/09/15, the issue date was 16/09/15 and i just received it in the post today.

[honeybee13]

Hello Dan.

 

I've changed the title of your thread to reflect the position with the NTK.

 

And here's a link to the forum stikky with the abbreviations the guys here like to use.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?168275-Posting-in-this-Forum-please-read

 

HB

[Dan9791]

Thanks, sorry if i didn't make it clear.

[themagician]

Thanks, sorry if i didn't make it clear.

hi dan welcome,clarity makes it a lot easier for caggers to give you the best advice to make this parking problem a lot easier to deal with & stress free.

[Dan9791]

In which case, to clarify - The letter i have received is the NTK addressed to myself and also the first letter or knowledge I've had about it.

 

The date it says i overstayed was the 14/09/15, the issue date was 16/09/15 and i just received it in the post on the 18/09/15.

[ericsbrother]

Yes, they are using automated number plate recognition. How long were you in the car park? Whether you shopped in Lidl doesnt really matter, it is all about consideration, offer and acceptance of contracts. Tell us as much as you can.

[Dan9791]

Yes, they are using automated number plate recognition. How long were you in the car park? Whether you shopped in Lidl doesnt really matter, it is all about consideration, offer and acceptance of contracts. Tell us as much as you can.

 

It's all stated in the thread. I was in the car park for a total of 41 minutes due to an issue getting the car started. All the information i currently know is either in the first post or clarified a few posts down due to my misunderstanding of the letter i received being the NTK. There's no more information i can provide right now.

[ericsbrother]

You can appeal to the parking co on any grounds you want as they will still ignore them as they are in the business to make money, not manage the parking. If the latter was true how does ANPR work?

I would simply say that the vehicle broke down after the driver decided not to accept the terms of parking so no contract was formed to be breached. You then waqit for their letter of rejection and appeal to the independent adjudicator. That costs them money and the decision is not binding on you as it is a contractual matter and the origianl remedy is still open to them (sue you for breach of contract-but they have to prove their claim and that wont be easy)

[Dan9791]

So essentially email them/send a letter saying the intention for the DRIVER was never to stay for any period longer than the 10 minutes free as he/she didn't accept the terms of parking on entry and wanted to leave, but due to the vehicle not starting the DRIVER had no choice until it was fixed. (It should in fact be on CCTV that i was in the car during the period and hadn't left it there just to park, could this be any form of defence?).

 

Once i receive their rejection letter do i then go directly to POPLA or inform them i wish for it to go that way?

 

Many thanks

[honeybee13]

Quite right about the driver, never tell them who it was or give the impression it was you.

 

HB

[ericsbrother]

When you get a letter of rejection they are obliged to give you the details of the appeal to the independent adjudicator. If they do not respnd to your appeal and make this provision within 35 days of your appeal then they lose the right to claim keeper liability and may not contact you again. They can still chase the driver but if you havent told them who it was who was driving at the time they cant chase anyone. This is why we always ask for the date and time of the events and all correspondence. many times the parking co get the timngs wrong and lose automatically (except in the IAS imaginary world)