Parking eye ANPR PCN Lidl, Ashford

[freeloader]

Hi Guys,

 

Can you please help me with a a parking ticket i received by post from Parking eye (attached)?

 

It seems to be for overstaying 13 minutes. I don't have a receipt but i can show card transaction record showing that i made a purchase at Lidl. 

 

Not sure if it is relevant, but usually, you are required to authorize your parking at a terminal inside the store by entering your registration details. This terminal was offline that day.

 

I'm not sure what to do next... Thank you all in advance.

 

1 Date of the infringement 17/06/21
 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22/06/21

 

3 Date received 25/06/21
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] YES

 

5 Is there any photographic evidence of the event? CAMERA SHOTS OF ARRIVAL AND LEAVING
 

6 Have you appealed? [Y/N?] post up your appeal] NO

 

7 Who is the PARKING company? PARKING EYE

 

8. Where exactly [carpark name and town] Lidl, Ashford

 

 

 

[dx100uk]

please remove you reg from page 2 and i''l swap pdf's.

 

use our search box for lidl threads lots here.

 

1st port of call is lidl HQ with a letter of complaint also about the terminal being US.

 

do not contact PE nor appeal to them.

if you research the original planning perm, you'll probably find there is no parking time limit certainly not <2hrs. and ofcourse your overstay is only 13mins and there is a 10mins minimum grace period, with no stated maximum.

 

dx

 

[freeloader]

Thank you for your response 

 

I messaged Lidl on twitter and they are telling me to appeal with PE....

 

So you are suggesting i ignore the letter?

 

[honeybee13]

Lidl have got this wrong. We never recommend appealing, it can just make your life more difficult.

 

HB

[FTMDave]

You need to get on to Lidl's CEO.  Around September last year we had a spate of cases where genuine customers received these invoices, they forcefully contacted Lidl's head office and the dogs were called off.  Please read

 

https://www.consumeractiongroup.co.uk/topic/426234-athena-anpr-pcn-exceeded-free-parking-by-21-mins-lidl-eltham-cancelled-by-lidl/?tab=comments#comment-5069272

 

https://www.consumeractiongroup.co.uk/topic/419897-athena-anpr-pcn-overstay-lidl-ormskirk-cancelled-by-lidl/?tab=comments#comment-5033126

 

https://www.consumeractiongroup.co.uk/topic/420850-athena-pcn-overstay-lidl-pinner-ha5-3hz-cancelled-by-lidl/?tab=comments#comment-5046095

 

Do the same as they did.

[freeloader]

I emailed Lidl customer service to complain but they ignored everything i said and told me to appeal the ParkingEye.

 

I wrote a strongly worded email, threatening to add them as a third party if i am sued, about how they are liable for GDPR because of no planning permissions for the ANPR and how poor they are treating vulnerable customers. 

 

 

I am lost here. I don't know what to do next... Please advise.

[honeybee13]

Slow down a bit, freeloader. If you're going to deal with this properly, you're here for the long game.

 

You contacted Lidl customer services on a standard email address? We normally suggest writing to the CEO, see what the others think.

 

HB

[freeloader]

Thank you HB and FTMDave, I initially emailed customer service since that is the address that Lidl gace me on twitter to formally complain. I now emailed the CEO as per your suggestion.

 

I'll keep you updated... 

[FTMDave]

 

 

[freeloader]

So, the email I sent to the CEO was redirected to customer services who have regurgitated the same generic response ignoring everything i have said. Please advise. 

[FTMDave]

I'm surprised by Lidl's attitude, in the past the CEO strategy has worked every time.

 

Can you please post up the PCN, redacted this time?  Then we can see what they're saying you did wrong, if the terminal is relevant and if they've followed the legal timeframe properly.

[freeloader]

Please find attached. Thank you for your help...

ticket.pdf

[lookinforinfo]

Did you mention that their verification machine was not operating that day

-did that hold you up looking to find another machine.

 

Also PE are members of the BPA where one of their directors suggested that there were two waiting periods.

An observation period and a grace period one of which he reckoned could be 10 minutes on its own.

 

Try again and point out and suggesting an appeal to PE is unacceptable and a cop out.

You are the customer of Lidl and PE are notorious for ripping off motorists and charging up to  £160 for a breach of a parking regulation which in your case is at best de minimus. 

[FTMDave]

Lookinforinfo is spot on.  Don't pay PE.  The grace period of 10 minutes could easily become 13 with the knackered terminal not to mention COVID social distancing which delays getting into and out of a supermarket.  Then PE won't have planning permission for their signs and the planning permission Lidl have won't be for 90 minutes.

[freeloader]

Thank you for your responses. This is the email i initially sent to the CEO. 

 

Dear Christian,

 

I hope this finds you well.

 

I am writing to you to express my shock and dismay at the absolutely poor customer service I am receiving from your team. 

 

I wrote to formally complain about the a ‘Parking charge notice’ and the use of threatening letters issued by the company (ParkingEye Ltd) that you use to manage your car park at your Ashford Branch.

 

On Thursday the 17th of June 2021 my vehicle was parked outside your store for 1 hour & 43 minutes, according to the letter that I received from them on the 25th of June, the stay exceeded the maximum time allowed by 13 minutes!

 

The letter I received from them is in the form of an extortionate demand to pay them £90.00. I have attached card transaction records to prove that my mother (Blue badge holders get 3 hours parking) and I shopped with you on that day.

 

I must inform you that in the event I am sued by ParkingEye, I will be adding Lidl as a third party to the claim. As for further legal action, a search on the Ashford Borough council shows that no planning permission was ever sought or approved for regarding the ANPR cameras or the parking signs displayed at your site and that is illegal, making Lidl liable for a breach under the UK GDPR.

 

It is also important to note that the parking verification terminals in store on that day were turned off and your staff told me that I do not need to authorise my parking.

 

I am a regular customer, and so are my family and friends and they all follow you on social media. I do not want to have to highlight the appalling way you are treating elderly & vulnerable customers through your association with Parking Eye. 

 

I am not asking you to represent me at an appeal but asking you to tell your contractors to do what they are supposed to do as it is Lidl who have set the terms for their presence and can overrule a computer controlled camera.

 

All this can be avoided if you simply call off ParkingEye and treat your vulnerable customers with care and respect. This situation has caused unnecessary stress and grievance for me and my family. My family and I would like to remain as your customers and not be driven away.

 

As valued & loyal customers this is unfair and we kindly ask that you tell ParkingEye to cancel this charge. I am disgusted Lidl feels it is appropriate to employ a parking management company that sends out this type of letter, not to mention that the company is operating without the required legal permissions in place.

 

I have attached the letter from ParkingEye, my mother’s Blue badge and record of the card transaction showing my purchase with you on that day.

 

We trust that this will be addressed, so that your vulnerable customers can park without worry, at least, knowing Lidl will take care of them.

 

Thank you for your time in addressing this matter.

[freeloader]

Given that Lidl are refusing to help me, should i appeal to ParkingEye without naming the driver?

[honeybee13]

Please re-read post #2.

 

HB

[FTMDave]

Your letter to Lidl is superb and I'm very surprised they didn't call off PE.

 

HB beat me to it - don't appeal.

[freeloader]

Understood, thanks again.. lookinforinfo suggested that the case would be trivial to the legal system. Does that mean that by ignoring this "parking charge", ParkingEye would not chase this up? So, my next move is to do nothing and wait for them to go away?

[honeybee13]

As far as I can see, freeloader, you haven't read any other ParkingEye threads, or parking threads come to that. Now is the time for a read around so you understand their modus operandi and what to expect.

 

HB

[FTMDave]

The best thing you can do is to read some PE threads here so you get the idea of what will happen.

 

They will certainly "chase this up".  They will send various reminder letters threatening county court judgements and you being hung, drawn & quartered.  They may get a third party to send you a letter to pretend it's all escalated a level (in reality third parties can do nothing as it's not their debt).  All this is hot air from paper tigers and can all be ignored.

 

If they eventually send you a Letter before Claim/Letter Before Action then that is the time to reply and give them both barrels.

[freeloader]

I appreciate your time and support. I'll keep you all updated. Thanks again!

Edited June 29, 2021 by freeloader
Grammer

[honeybee13]

You're welcome. Please read some other threads though, so you don't have any surprises in the future. It helps us if people educate themselves on how parking companies operate.

 

HB

[brassnecked]

PE will big up their Beavis judgment that turns on its own facts and is inapplicable on many, certainly NOT in your circumstances where their likely lack of planning, a 13 minute overstay on what is likely an unlawful reduction of Parking time, fact that validation of receipt impossible as Lidl turned Terminal Off, also the queuing for the Terminal itself might put Lidl in breach of Covid Rules, and although Blue bagde inapplicable to Private land, it is also failure to allow a reasonable adjustment as in extra time for a disabled customer to shop. PE will be silly to chase this but if they want to lose its their call.

[lookinforinfo]

I too am surprised that your letter to the CEO wasn't acted upon. They must surely know their are problems with the car parking companies since their usual one, Athena is currently suspended by the DVLA and they were fairly benign compared to PE.

You could try badmouthing Lidl on the social websites and Trust Pilot. Quite often their "customer service" invite you to contact them which can lead to a cancellation. Then you thank Lidll for their intervention and PE can jog on.