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Athena anpr PCN - Overstay Lidl Huddersfield, West Yorkshire.

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I overdid my stay in Lidle as I could not decide over a walllnut loaf or a graian loaf (honest).

 

Have had a letter come in the post saying I owe £45 (£90 if not paid in 14 days).

 

I understand a lot of these private car park firms have little legal legs to stand on,

 

can I just tell them to shew or is there a small amount I can pay,

 

I heard if there is an hourly rate they can legally only charge you per that hour that you stayed.

 

Any help would be greatly appreciated.

 

Just read this.... Dairrty old buggers aint they.

 

http://forums.moneysavingexpert.com/showthread.php?t=4694729

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I understand a lot of these private car park firms have little legal legs to stand on,

 

they all have little to no legal basis.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Lidl aren't as good as they used to be about scrapping these speculative charges as they used to be.

Still might be worth giving them a call without displaying that you were the driver-they may give you helpful advice at worst.

 

It would help if you filled in the questionnaire asked for by one of the admin. on post 2. That way you will get loads of help.

 

Even if the overstay was in hours rather than minutes do not feel that you have to pay it. Athena rarely go the whole hog so they eventually drop it thus saving you paying them anything.

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maximum hourly charge?

Where on earth did you get that idea?

 

Free parking for x hours and you cant stay longer so they have a contract ( or so they claim) that allows them to charge you £90 for breaching the contarct that allows the free parking.

This is not an hourly rate but a so called agreed consideration.

 

Now start again with a copy fo the letter you got and tell us what date the parking event was and when you gt the letter.

 

They have a limited time to issue this notice so timings are critical.

 

Seeing the signs will tell us a lot about the supposed offer of a contract that was accepted by parking.

 

They are often gobbdleygook and we can advise around their wording.

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Hi, thakns for replies..

 

It says it's a civil parking charge notice..

 

Incident date: 13th feb..

Issue date: 16th feb..

 

allowed stay: 1.30

actual stay: 2.37

 

the terms and conditions of the car park are clearly displayed in prominent places.. because of phtographic evidence there is reasonable cause to believe that according to these terms a charge is due...

 

'reasonable cause' - does that mean that nothing is set in concrete?

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can you complete all the questions in that link for ANPR PCN's

copy the q's here and type your answers.


..

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Date of the infringement.. 13.02.18

2 Date on the NTK.. (issue date) 16.02.18

 

3 Date received.. 21.02.18

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? No.

5 Is there any photographic evidence of the event? Well, just my reg only.

6 Have you appealed? No.

 

7 Who is the parking company? Athena ANPR.

 

8. Where exactly Lidl Huddersfield, West Yorkshire.

 

For either option, does it say which appeals body they operate under. 'member of the international parking communities accredited operator scheme' (babble on).

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thank you

you mean there are 2 photos in/out?


..

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As they're IPC members, appealing this to Athena is a waste of effort, time & a stamp. But there's nothing to stop you going after Lidl and getting them to tell Athena to drop it.

 

When you did your shopping, how did you pay?

 

You know the date and time, Athena have been kind enough to provide you with it (roughly), so Lidl would be able to see from their own records a) that you were a genuine customer and b) how much you spent. The fact of whether you were in the store for 4 minutes or 4 hours makes absolutely no difference. You were a genuine customer and therefore they should be telling their pet snake to cancel the ticket.

 

I'd also be getting on to the local council planning department.

 

You need to ask a planning officer what conditions were placed on the site as regards parking when the planning permission was first granted and has that been varied by a subsequent application. And then have Athena applied for and been granted planning permission for their pole mounted ANPR cameras and have Athena applied for advertising consent for all of their signage and has this been granted.

 

Even if Lidl tell Athena to cancel your ticket, you can still get your own back on Athena by costing them a great deal of money (and potentially a criminal conviction (however unlikely)) for any breaches of planning regulations by making the relevant enquiries, followed by complaints to the council planning department if there is no planning permission and/or advertising consent.

 

All's fair after all :evil:


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they have to have reasonable cause to access your keeper details from the DVLA and to clam that they have to follow certain protocols. If the signage is rubbish this may well not apply as first of all the contract is with the driver and keeper liability can onlt be claimed if certain conditions are met and the DVLA doesnt know who was driving.

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The letter does kind of say that they don't know who was driving as it says if it wasn't you driving then please pass it on to who it was..

 

Would I be wrong to just ignore them, or write to them explaining that they got the wrong person and I don't know who was driving? Or speak with Lidle, I am there every 2 days shopping!

 

I will call lidl store now and see what they say and report bck.

 

Thanks for all advice so far!

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Look, read up on this, they use ANPR so they dont ahve a clue who was driving so they have to rely on para 6 and 9 of the POFA to createa keeper liability. Thye normally get the NRK wrong so that si why we ask to see the sigange and the NTK you received.

You are not obliged to name the driver, that is for them to prove who entered a contrct with them and if they cant well tough luck!

 

You dont write to them, that would be pretty self defeating bearing in mind all the advice given on every other thread that has ANPR capture, start doing your homework. Speaking to the store will have little or no effect, the local manager has no say in the matter s go to the very top and they can order Athena to drop the matter. Advice as to why Athena dont have a claim is already in posts above and you seem to have missed it so read again should you still think that contacting them is a good idea

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