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    • Here is the reply from POPLA after I complained to its chief assessor -- completely rubbish!   ---   Your complaint about POPLA   Thank you for your email, which was passed to me by the POPLA team as I am responsible for responding to complaints.   I note from your correspondence that you are unhappy with the decision reached by the assessor in your appeal against Parking Eye.     POPLA is an impartial and independent appeals service and we do not act either for the parking operator or the appellant. It is important to explain that it is not our remit to source evidence and documents from either party in support of their submission and our decisions are based on the evidence received from both parties at the time of the appeal. We cannot consider further evidence after the appeal has been completed.   You have advised that the decision issued to you on 29 October 2019 does not address the crucial points of your rebuttal.   You have reiterated your original grounds of appeal. For clarity, I have addressed each point as follows.   Regarding grace periods.   While section 13 of the British Parking Association Code of Practice stipulates that a minimum grace period should be allowed, the grace period is only applicable in car parks are required. In this car park, the entrance signs states that the site is for permit holders and service vehicles only, as such, a grace period is not applicable in this instance. You would have been aware that you did not have a permit on entering the site and I am satisfied that the assessor is correct in determining that the six minutes that you were on the site was not a reasonable period.   You have advised that there is no evidence of landowner authority and have provided a quote from another POPLA decision.   POPLA deals with appeals on a case by case basis and as such, any external factors such as other similar parking contraventions or appeals have no impact on our decision making.   I have reviewed the assessor’s comments relating to this ground of appeal and also the document provided by the operator and I am satisfied that the assessor has correctly stated that the operator has the relevant authority to issue PCN’s on this site.   You advise that no contract was formed between the driver and the operator.   The assessor has advised that the signage on the site makes the terms and conditions of the car park clear which, after reviewing the images of the signs provided, I agree with. By choosing to remain on the site, you have accepted the terms and conditions of this contract and by remaining on site for six minutes without a permit, the terms and conditions were breached.   After reviewing the assessor’s decision, I am satisfied that the outcome reached is correct As POPLA is a one-stage process, there is no opportunity for you to appeal the decision.   As our involvement in your appeal has now concluded you may wish to pursue matters further. For independent legal advice, please contact Citizens Advice at: www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).   In closing, I am sorry that your experience of using our service has not been positive. We have reached the end of our process and my response now concludes our complaints procedure. I trust you will appreciate that there will be no further review of your complaint and it will not be appropriate for us to respond to any further correspondence on this matter.   Yours sincerely Paul Garrity POPLA Complaints Team
    • Thanks for clearing that up Homer.  I was  in the middle of writing what DX100 uk has just said. I notice that no questions have yet been answered from the Stickies posted on either thread. We will need some info in order to  counteract any stpidity by Link to try Court. The PCNs can be produced later under CPR regs. so photos of the car park with the notices at the entrance, around the carpark itself-especially any that are different as well as the T&Cs on the payment meter if there is one would be a help. As would the reason for the ticket. In addition, you could look up the local Council website on planning permissions to see if Link have ever applied for permission to erect NOtices and ANPR cameras within the car park. This would come under Town and Country [Advertisements] Regulations. And if you have any recent PCN remiders from Link that might help a little.
    • OK can we tackle this one by one then please. I will  please need some guidance here as have never filed such form, I'm sorry   DRAFT ORDER (sent through post #72) 01.   Item no. 1 - retain "struck out or heard at re-hearing" or delete the struck out? 02 .  Item no. 4 - should this be included? or how else to write it?     In Witness statement I am saying  I am XXXX XXXX, of MY ADDRESS NO.3 and I am the Defendant in this matter. This my Witness Statement in support of my application dated XX November 2019 to: 1.Set aside the Default Judgement dated 14 August 2019 as I was not properly served at my current address and I am given leave to file a defence, copy of which is attached to the application. 2. Order for the original claim to be dismissed or Set Aside to be re-heard at a new hearing; on the basis that the Defendant has a reasonable defence. 3. Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee and refund of any illegal fees paid by Defendant to Newlyn Debt Collection Ltd pursuant to the Default County Court Judgment of 14th August 2019 and reasonable Defendant’s costs required to set aside the Default Judgment   03. Are points 1-3 to be repeated exactly in the Draft Order?    
    • Thanks dx, I understand.    However what legal recourse is available to get it sorted? I've been offered a great deal with my existing lender
    • No need to...they are fully aware of the legislation and what they must do if they wish to execute the Judgment debt after 6 years...ignore them.
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tom8989revs

Athena ANPR CPCN - lidl's in lewisham

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Hi I've just received a overdue reminder from them for the same thing now demanding payment within 7 days of there reminder letter I've just been ignoring them not quite sure what to write back as also it's been way over 28 days for appeal can anyone help?

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Hi I've just received a overdue reminder from them for the same thing now demanding payment within 7 days of there reminder letter I've just been ignoring them not quite sure what to write back as also it's been way over 28 days for appeal can anyone help?

 

Please start a new thread and give as as much detail as possible


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Hi all I'm a new user

 

I've been reading on what to do can't find the right answer so far.

 

I received a parking charge from Athena for overstaying duration over 10 mins

 

I was 38 mins parked at lidls in lewisham and didn't realise you had to give your reg to cashier

the last time I parked lidl it was just 90mins free parking

 

it happened on the 11/10/16 and

they issued it 13/10/16 charge of £90 but 45 if I pay within 14 days blah blah

 

 

I ignored it then

 

 

I received a overdue reminder issued 18/11/16 saying under schedule 4 of the protection of freedoms act 2012 I'm liable for the full charge which is overdue if I don't pay within the next 7 days it may result in debt collection or further legal proceedings where additional costs can be incurred and

 

 

now I'm worrying and stressing about what to do should I reply or ignore can anyone help???

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Thread moved to appropriate forum.


 
 

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Hi and welcome.

 

Firstly, can you copy and paste the answers to this:

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

 

Do you know if any signs were stating that you had to register within 10 minutes?

I find it unusual that Athena are stating PoFA as they are members of the IPC and they primarily work with Lidl. They don't usually take people to court (but there's always a first time)

 

I assume the first you knew of this charge was within 14 days of the visit?


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Thanks silver fox

 

No I wasn't aware of their signs stating this I can remember still seeing 90minutues free in bold and weren't aware of there new system

 

What do you mean my PoFa?

 

 

I presume this is what they send to everyone is there first steps with no response from there original letter asking for payment

 

Yes I received the original charge a couple days after they sent it out on the date of it being issued

 

Have you any suggestions on what I should do next?

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I have added a Lidl Twitter link to this thread so they will soon be aware of it.

 

With Athena, it's a difficult choice. According to one website I visit, they haven't taken anyone to court in the last 3 years so personlly, I would ignore them. The only time I would respond is if a Letter Before Action/Claim or court papers arrive.

As Athena are members of the IPC, the appeals system is biased in favour of the company, not what is right. If you can go back to the site and take pictures of any signs regarding parking, that would help.

It would also help if you can post up what you have received so far, in pdf format and suitable redacted to remove names, addresses, reference numbers, car reg numbers and any barcodes so that we can see what they are saying.

 

I would also complain to Lidl.


If you are asked to deal with any matter via private message, PLEASE report it.

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Ahh thankyou

 

Right I was thinking would they really take someone to court over a £90 charge for which they didn't have any losses for parking in a half empty car park,

 

 

yes I will be going back to take pictures I'm sure there signs are very deceiving in small print to trick people into this money making scheme

 

I'm having a problem with uploading pictures as I'm only using my iPhone right now but will post it tomorrow from the laptop

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I can explain what it has got first letter says

 

Vehicle reg: xxxxxx

Incident date: 11/10/16

Parking charge notice no. x xxx xxx xxx

Issue date: 13/10/16

Parking charge £90

Allowed duration of stay 00:10:00

Actual duration of stay 00:38:57

 

Has two dark black n white pictures of my car entering and exiting the car park quite up close cannot see driver

 

Also says parking charge is discounted to £45 if paid within 14 days of date issued 13-10-16

 

Then it goes into them explains terms and conditions of the car park are clear on prominent signs due to photo evidence they believe to these terms a charge is due they applied to dvla for my details and I have 28 days to reply if I wasn't the driver

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Reminder letter

On the incident you were the registered keeper

 

You had the option to pay or say who was driving

 

We have no payment, drivers details or an appeal within 28 days

 

Consequently under scheduled 4 of the protection of freedoms act 2012 as keeper you are liable which is overdue

 

Failure to pay within the next 7 days may result in Athens anpr transferring your case to a debt collection company or to further legal proceedings where additional costs could be incurred

 

You may pay online telephone blah blah

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get your complaint in to Lidl and while you are at it ask them about the planning permission for Athena's signage as it is their land and they are culpable if Athena are breaking the law as Lidl will be involved in a conspiracy to defraud. The police wont take thematter up though, companies are allowed to kill people with impunity so rooking customers of £90 for having the temerity to spnd their money there is nothing.

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Right so first thing is is to write to lidl to complain about the situation I know what your saying this I will do but what about Athena shall I just keep ignoring them now? How far will they take it for this parking invoice?

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you may need to respond to athena but not yet. Post up the NTK and we can pick holes in it so you may be able to tell them to get stuffed but best wait and see what the store does.

I for one would be taking all of the shopping back and tell them why, inviting the local press to watch and telling Lidl head office that you are goping there on such and such a date to return the goods. You maight want to do somehting like this if they dont respnd in a helpful way.

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