Athena ANPR PCN - Lidl store - already had appeal refused .

[Misi]

Hi

Hoping for some advice

 

I challenged an initial £45 parking ticket with Athena (parked in Lidle )

 

They acknowledged my initial online appeal, but i didn't hear anything from them again until i received an overdue reminder letter.

I immediately contacted them to explain I was expecting their response to my appeal online via email.

 

However, they said it was sent to me by post. If i'd received it in the post i would have responded to the rejection letter and pursued my appeal.

 

I do have issues with my mail, victim of fraud etc, on more than a few occasions so i conduct all of my business online and receive as little mail as possible.

I live in block of flats, my mail box is outside the communal area and it's very easy to put your hand in the letter box and remove mail, it happens frequently, i explained this to them

 

They emailed me a copy of their rejection letter and informed me they will not communicate with me any further.

I'm really angry because I wanted to pursue this appeal

I've now received a reminder notice £90

 

What action can i take, 

 

Can I make a statutory declaration, explaining the above

 

Should i complain to DVLA, BPA, IPC, MP etc, 

 

Any help, advice would be greatly appreciated,

 

[FTMDave]

Could you explain a little about what happened at Lidl which led to you getting Athena's carp invoice please?

 

We've recently had quite a few motorists who got this rubbish sent to them and got it cancelled after getting on to Lidl head office.  I'm knackered now, but will post up the threads tomorrow.

 

Get prepared for not paying these shysters a bean

 

 

[Misi]

Hey, 

 

Thanks for getting back,

my daughter was driving my car, went into Lidle, not this usual store,

it was late one evening in Feb, dark, raining, the signs are not very clear or legible

you need a pair of binoculars to read the signs which are approx 10 ft tall and the lighting is dim and too far up the pole. 

 

she purchase food, it was busy in the store, she didn't notice you had to scan your receipt and vehicle details

I've been to the store, and checked the signage which is pretty poor 

 

I'd like to know if i didn't receive the rejection notice, how can i continue with an appeal, complaint etc 

Thanks

[FTMDave]

Well done in sussing out the signs.

 

More tomorrow

 

[Misi]

oh, ur a star, sorry for keeping u up

Spk tomorrow

[dx100uk]

please also complete this too:

 

 

[dx100uk]

what you should never do is appeal in any way shape or form to the fleecers.

 

there will be a record of your shopping, if not by you receipt, I bet your daughter used a debit card?

 

get a copy of the statement from online banking 

 

then email that as well as a copy of the PCN to lidl head office.

 

type in 'lidl PCN' in our search top right and read up

there are numerous success threads here and they will tell you who to email too.

 

for completeness for other readers, its is NOT A FINE its a speculative invoice fo breaking so imaginary contract, so a statutory declaration (which is used on council/police PCN's) is not applicable.

 

dx

 

 

 

[brassnecked]

These stores often don't have the Terminal in a prominent place either, and not every store has them  so is confusing.  Have not seen one in a North Wales Lidl, as yet, so location and signage in store at packing area as reminder, might be used against the fleecers.

[ericsbrother]

so what exactly did you say in the appeal and what was their response?

We need to know the precise wording.

Do not engage with the parking co any more but get down to the store and photograph the signs there, the machine thta you input your detaisl on and any notices in the store telling you about this.

This is all about contract, not parking, so we need to know what was offered and accepted (or not)

[Misi]

Hi, 

Thanks for all your comments above, (apologies for delay, I've been working all day)

 

Unfortunately, my daughter used cash and the receipt was thrown away long before the parking charge notice arrived

I appealed as the registered keeper and haven't disclosed who drove my car

I appealed on all the following points:

Unclear and inadequate signage

Contract with landowner not compliant with BPA code of practice and no legal status to offer parking or enforce charges

No contract with the driver

Unfair contract terms and no breach of contract, 

Unlawful penalty charge

 

Ok, so i didn't receive there rejection notice, are you saying i should just continue to ignore all further correspondence,

what happens if Athena take this matter all the way to court, and issue a CCJ if i continue to ignore 

 

I'd like to try and nip this in the bud before going to court, 

Should i complain to Lidl and also BPA 

As you rightly said, not all Lidle stores have the scanned receipt facility and it is confusing 

Surely, if you haven't received the rejection letter you should have the chance to pursue the appeal.

The local authority allow you to submit a Statutory Deceleration if you haven't received the notice of rejection, why can't you with the private parking company's 

 

What action should i take 

 

Thanks for all your responses

[dx100uk]

what's done in done now.

 

try and not confuse matters in your head by trying to equate speculative invoice with Penalty charge notices (fines)

there are ways to question those....

 

a speculative invoice issued by a private parking company - the only way they make money is to sc@m people of it, they make nothing out of you if you pay and park without an issue. they have zero morals or rules they must comply by else you do that.

 

sit back now and see if they are brave enough to issue a letter of claim.

 

get the info EB needs now and prepare and get reading like threads here. 

[FTMDave]

I know it's going a long way back now, but can your daughter remember some of the items she bought and the approximate amount she paid?  I ask as I think, even when the customer paid with cash, the shop can still trace the transaction, especially as you will know the date and the approximate time from the fleecers' demands.

 

I completely agree with what dx wrote about ignoring the sharks unless they send out an LBA, but there's no reason why you can't get on to Lidl too (belt & braces and all that).

[Misi]

Hi guys,

really appreciate your response

I'm prepared to fight this, i'll discuss with my daughter and get onto Lidle

Thanks for help

 

 

[lookinforinfo]

[email protected]

You will probably have more chance with them above at head office rather than the local branch.If you are a regular customer there you could show them past payments by card that you have done with them even though you were not the driver. Lidl obviously do not want to lose customers. 

[ericsbrother]

Yep, if the exact date and tiem is known ( refer to the demand as that will have the times on) and you can get an idea of how much was spent and a few of the items bought their computer will find the purchase and Lidl usually cancel ( well, they used to)