@lidluk Athena ANPR Parking Charge

[MyBlobby]

Hi there,

 

I have read everything on a previous thread and I am looking at some advice or help with my situation

 

I have received the parking charge notice stating I was caught on camera staying 15 minutes longer than the 60 minute allowance. In the first letter they sent me they had all the jargon and causal threats with 2 photos of my entering and leaving the Lidl car park.

 

Therefore, I replied to them asking how they got my details and saying I am the registered keeper but don't know who the driver was.

 

They have replied:

 

"Thank you for your correspondence in relation to the outstanding parking charge shown above.

 

You have stated that you were not the driver at the time, but have not advised us in writing who was driving your vehicle.

 

This is not a valid reason for an appeal and you need to be aware of the latest legislation concerning parking on the private land. This is contained in Schedule 4 of the Protection of Freedoms Act 2013 (POFA).

 

The drive is responsible for payment. However, under the law we have the right to recover unpaid parking charges from the registered keeper of the vehicle if they do not confirm us who the driver was.

 

Consequently if you do not wish to pay, you much inform us in writing within 28 days the name and address of the driver. The period of 28 days begins the day after which the "Notice of Keeper" was served.

 

The "Notice to Keeper" you received explains this. Therefore, to avoid further action, we look forward to either receiving payment or the name and address of the person who was driving at the time.

 

You may pay online at Athena website by phone or by sending a cheque or postal order to the address below."

 

My question is; Should I respond in writing with this template letter a few others have used with success:

 

 

"I refer to your invoice dated the [x] and received on the [xx.xx.xx]

 

In response, I would ask you to note the following.

 

When an invoice is issued under the law of contract to a vehicle which although allowed to park on the land, is in breach of the conditions relating to parking, it could be argued that the charge being demanded is so high that it amounts to a penalty and is therefore unlawful under the Unfair Terms in Consumer Contract Regulations 1999.

 

Therefore should it be your intention to pursue this matter further, I will require the following information.,

 

1) Precise details of the calculation used to establish the sum pursued in this case, taking account of the following statement issued by the Department for Transport.

 

Charges for breaking a parking contract must be reasonable and a genuine pre-estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken. For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver.

 

2) I also require written proof that as a third party agent you have contractual consent from the land owner to raise legal proceedings on their behalf.

 

Furthermore, should you fail to provide a detailed response to any of the points raised in this correspondence a POPLA reference will be required in order that this issue can be progressed to the independent appeals body. I am of course fully aware that the decision of POPLA is binding only on the pursuer and not the defender.

 

I hope this information clearly outlines my position and I look forward to your detailed written response.

 

Yours faithfully"

 

...And then wait? Also, after I have sent this should I await their response and if they don't give me sufficient evidence for 1 or both, then appeal to POPLA?

 

Any info on this would be highly appreciated as I'm a bit worried now.

 

Kind regards,

[i hate bailiffs]

Some will say you are best to appeal and then get POPLA appeal which will visit the parking company

 

You need to get on to Lidil it is there agent they are responsible

Keep on at lidil untill they cancel it

How long was parking was on the planning permission

[ericsbrother]

get on to Lidl and tell them that the 60 minutes allowance for shopping is ridiculous and that by seeting such a threshold they have made it impossible for you to visit their store again under such circumstances and that you will be writing to the local council -planning dept to complain that unless there was such a clause in their application the restriction is against their planning consent and you will lobby to get the tterms of the consent strictly enforced and you will make a claim to recover the costs of the charge from them as a common law tort.

You will find that Lidl will probably tell Athena to cancel the charge.

Whilst you are at it you can write to Athena and demand to see their contract that specifically allows them to pursue you in their own name as they have suffered no loss by using land that they have no interest in. Copy this letter to Lidl with your complaint.

There are further steps you can take later but this should get the result you want. I hope yopu have your receipt for your shopping to prove your bona fides.

[Crocdoc]

I would also go down the POPLA route with Athena based on genuine pre estimate of loss, Athena has never been able to explain how charges reduce in real terms the longer you overstay. Furthermore it is held on record that Lidl's describe theiir charges as penalties (Copy of press article available)

 

To support the previous point, Lidl's signage often states that ALL PROFITS ARE DONATED TO CHARITY, whilst I have no reason to deprive a charitable organisation of a donation, it raises the question of how profit can be generated from a charge that must be genuine pre estimate of loss.

 

Come back if you need further information or assistance.