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lee32uk

Athena ANPR PCN - overstay - LIDL Manchester - Ashworth Street, Denton M34 3LJ *** Cancelled by Lidl ***

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Hi all

 

I am trying to help my Aunt who has received one of these parking charges through the post.

 

1 Date of the infringement 18/06/2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 20/06/2018

 

3 Date received 22/06/2018

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Not that I can see

 

5 Is there any photographic evidence of the event? Yes. Driver and occupants not visible though.

 

6 Have you appealed? {y/n?] post up your appeal] Sent emails to LIDL

 

Have you had a response? [Y/N?] Yes. LIDL are unwilling to cancel the charge and are now ignoring emails :|

 

7 Who is the parking company? Athena Parking

 

8. Where exactly [carpark name and town] LIDL Manchester - Ashworth Street, Denton M34 3LJ

 

Appeals Body says the IPC.

 

I have been reading a few threads on here and a few other places, and I was under the impression that emailing LIDL direct usually killed these things off ? I had had a few replys but they are unwilling to cancel it, and are now ignoring emails :x

 

on the date in question

my Aunt was an occupant in a vehicle that is registered in her name

. She is partially disabled and walks with the aid of a stick.

 

There was also a Blue badge on display if that matters.

 

The charge is because the vehicle overstayed by 30 minutes.

 

The occupants of the vehicle did shop in LIDL on the said day (No till receipt though unfortunately).

 

I am thinking next course of action to write direct to LIDL head office ?

Just want anyone's thoughts before I do.

 

Thanks for any help

 

Lee

 

Here is a copy of the parking charge notice which I meant to post.

 

http://i65.tinypic.com/rvjzi1.jpg

 

http://i68.tinypic.com/f9nsib.jpg

 

Pics are not displaying for some reason. I used tinypic for reference.

Edited by dx100uk
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Read our upload guide, it'll tell you how to get the pics on here :thumb:


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can you tell us what the correspondence between Lidl and aunty says.

 

It may be worth hammering them on social media if there is a clear case of unfairness about this.

 

They will soon change their tune.

When you get that far it may be worth going on about planning permission for the signage and equipment and if Athena dont have it you call them criminals (as they are)

 

and tell Lidl they are conspiring with criminals and their ignorance of the law wont save them from action that would normally be directed at the parking co.

Edited by dx100uk
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I very much doubt 90 mins max stay will be correct for that carpark

Most are 2hrs and if you look at the council planning permission i bet it stipulates 3 hrs


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you need to get on to the council planning dept and ask about whether any parking conditions were part of the planning application or consent.

 

As said, many retail developments stipulate 2 or 3 hours free customer parking and that means neither Lidl or the bandit parking cowboys can change that as it is the law.

 

they do lose cases,

the original court case was at Morrisons, Caterham ( it was ex Summerfield) many years ago and when Morrisons asked to change the PP they were refused and the parking co walked off as they knew they couldnt make a penny if there was a level playing field.

 

In the meanwhile knowing what has been said between parties will help us guide you and aunty.

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Thx for the replies, and for sorting out the pics upload dx100uk

 

The Site comes under Tameside Council jurisdiction. Is there anything that can be found from the link below ?

 

https://public.tameside.gov.uk/plan/f422planapp.asp

 

I had a quick search for LIDL in the applicant name (Denton/Audenshaw district) but don't really know what I am looking for.

 

@Ericsbrother

 

The initial email I sent to LIDL is below

 

Dear Sir/Madam

 

I recently received in the post a Civil Parking Charge Notice (xxxxxxxx) for £90 from Athena Parking stating that a parking incident had occurred at LIDL in Denton, Manchester on 18/6/2018

 

I am the registered keeper of the vehicle in question (Registration xxxxxxxx).

 

Athena Parking state that the vehicle overstayed 30 minutes and 9 seconds beyond the 1 hour and 30 minute allowed stay.

 

As a disabled occupant of the vehicle with a Blue Badge on display I feel this is extremely unfair.

 

I walk with the aid of a stick so I take longer than an able bodied person to get around the store.

 

This is the first time that I have received a parking charge when doing my shopping at LIDL.

 

I feel that this £90 charge is no more than a ransom which targets vulnerable people like myself.

 

I am shocked that a Company such as LIDL can go to such underhand tactics as this by employing these charlatans in the first place, that prey on people who are spending their money in YOUR store.

 

I am requesting that this unfair 'PCN' is cancelled because this has put me off ever shopping in LIDL again. Absolutely shocking to treat paying customers like this.

 

Yours faithfully

 

Mrs x

 

The replies back are standard robotic affairs. They can't appeal on my Aunt's behalf as all appeals need to go directly to Athena. Doing so allows you to retain your right to formally appeal any decisions made by Athena ANPR.

 

I have sent a couple more emails back to them, but they are no longer responding.

 

Thanks all

Edited by dx100uk
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you lost because of your complaint is just a letter of mitigation and then compaining about the amount rather than telling them that they are employing a bunch of cowboys to rob their customers.

 

It means nothing as far as contracts go and what I would have done is told them that as you cannot shop within the arbitrary time limit you will return everything you purchased as the shopping trip was conditional on being able to park without interference ad so where do they want their rotten food sending back to so you can get a refund.

 

Now you need to email the chief exec of Lidl UK and tell him that Athena are breaking the law by having their equipment on their premises without planning permission and that LiDl are responsible for their criminal actions and you expect them to either cancel the unlawful demand or suffer the consequences as you will make others aware by way of social media that there is illegality afoot at ther store.

 

Whilst the CEO is looking in to this perhaps he can look into sending you a copy of the company's equalities statement showing what they are doing to help disabled customers access their facilities and what reasonable adjustments they have made, especially regarding parking grace periods

 

as for planning, if you cant find it phone the planning dept and ask them.

ask whether parking restrictions were part of the original application or consent and whether planning consent has been sought by Athena for their cameras and signage.

 

Dont get into a session on whether PP is needed, just have they got it or not.

Councils often say it is deemed consent because they are too lazy to find out what the signs say to determine the different classes of advertising signage

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Hi

I have found this if it helps

 

 

http://plandocs.tameside.gov.uk/forms/plandocs.asp?caseno=16/00719/FUL

 

 

This is the only for the ANPR camera and I will continue looking for permissions for any signage (I bet I won't find any)


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Found nothing for the parking signs on site. Athena conveniently forget to do this as it saves them money. No planning permission. Unlawful signs = no contract possible


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Blimey. Having just looked at that planning app/consent and GSV images from 2017.

 

From the applied/consented location of the ANPR camera, there is absolutely no way that the entrance to the car park can be seen, never mind covered. So, how are they capturing images?

 

GSV doesn't show any signage at all, so I think we need to see up to date photos if the OP can get down there and get pictures of the whole car park so that we can determine where the CCTV/ANPR camera might be, and any signage (entrance signage and location/content of any other signs).


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At the entrance, the only camera that can be seen is one outside the entrance on the public pavement so I'm assuming that is a council owned CCTV. I can see nothing on the car park (where the camera should be) and no signs so it's possible that the ANPR camera and signs were installed after June 2017.

 

 

We need to see pictures from the entrance showing any cameras on site and the signs at the entrance and any signs around the car park


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Hi all

 

@Ericsbrother

 

I am one step ahead :)

 

yesterday I sent an email to: compliance @ lidl.co.uk FAO Mr Christian Härtnagel and it has done the trick.

They just asked for a copy of the blue badge, vehicle registration and which store it was.

 

They have contacted Athena and told them to cancel the charge, and my Aunt has been added to the exemption list for the Store so that she will get 3 hours in future.

 

This is the email they sent:

 

Dear Mrs xxxxxx

 

 

Re: Parking Charge

Thank you for providing the requested information.

 

As you are probably aware, Lidl UK GmbH is a national retailer.

As such, we have stores in locations with limited parking space and in common with many of our competitors, our store car parks are abused to a significant and detrimental extent.

 

We have therefore judged it necessary to take measures so that our stores parking facilities are available first and foremost to our customers.

In order to ensure that sufficient parking spaces are available at all times to our customers,

 

Lidl employs third party contractors to monitor and control our car parks.

So far, this service has proved reliable and effective in reducing car park abuse and in freeing up spaces for our customers.

 

In light of your comments, I have contacted the Car Park Management Company and have requested that this charge be cancelled.

Please note, your comments regarding our parking restrictions have been noted and passed to the relevant department.

 

I have also added you to the exemption list for this store which will allow you three hours free parking on any future visits.

I hope this helps you.

Thank you again for contacting us.

Yours sincerely,

For and on behalf of Lidl UK GmbH

 

Glad I was able to sort it out for my Aunt, and hopefully anyone else reading this in a similar situation can use that email address above as it seems to get better results.

 

Thanks all

 

Lee

Edited by dx100uk
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Their email probably confirms (in a round about way) that the actual planning consent for that store specifies a free time limit of 3 hours. Useful to know :wink:

 

 

I've updated the thread title.


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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well done for getting it cancelled. Do not delete that email as you may need it for the future.

One thing you can be sure of is that the parking co wont stop issuing demands just because they are in breach of planning law, it hasnt anywhere else for any of them.

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Thanks all

 

 

Already printed off a copy of the email for my Aunt to give to her, and of course I will keep the original email :)

 

 

cheers

 

 

Lee

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