Athena - LIDL Charge

trisontana

mattey13 wrote: »

Would this ever goto court you reckon?

If it did and I refused to pay even if the judge did order it, what would happen?

In the very, very unlikely event that the case does go to court and you refuse to pay within 28 days, then a CCJ would be issued against you. Don't worry, this will never happen. You are taking this much too seriously just relax and they will soon lose interest in you.

Coupon-mad

mattey13 wrote: »

Just got my 3rd letter threatening to take me to court or take things from my house or goto my employer to get my money.

I'm assuming this can not be done?

You are right, this cannot be done - i.e. they cannot get away with sending out letters like that misrepresenting your legal position. Report them for harassment and acting outside of the law on debt collection. Complain to the Office of Fair Trading, Consumer Direct, your MP etc. This is out of order.

Was the letter from Newlyn, they send out the 'wrong' letter sometimes...?

And yes, still ignore the company, don't actually reply to them at all and don't panic.

I see this was in Scotland so here's a fact sheet about harassment and who to contact:

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=10_harassment

HTH

Ferry_Jambo

Hi Mattey13

I seem to be about the same stage of the process as yourself. My car was also parked at a Lidl store in Edinburgh / got the Athena invoice through the door about a week later.

So far I've received 3 letters from Athena and 1 from (Il)Legal Recoveries and Collections.

Up to now its all working out as predicted on here and various other parking forums. I actually look forward to receiving each new letter and was disappointed when the first from the Debt Collectors took over a month to come through!

The best bits so far (IMO) were both from Athena:

First - The statement "You were the driver" in their 2nd letter. How can they possibly prove that? I'd just love to see their evidence for that statement!

Second, they threatened me with a CCJ in the 3rd letter (they don't appear to have a grip on geography. Edinburgh's in Scotland guys, I wasn't aware CCJ's were available under Scots law).

Not sure if either of these are actually legally significant but along with the advice on here, those 2 items convinced me that I have nothing to worry about. If they're stupid enough to go to court, using what appears to be one size fits all templates riddled with errors and empty threats, I don't think it would take too much of a defence to see them off (and thats before considering the question of who was actually driving that day + their dodgy signage).

Ignore them (whilst quietly enjoying their increasing desperation)


FJ

trisontana

Unfortunately people do get taken in by all the quasi-legal mumbo-jumbo and pay up. So spread the word to everyone you know that they don't have to pay these private parking "tickets".

esmerobbo

Ferry_Jambo wrote: »

Second, they threatened me with a CCJ in the 3rd letter (they don't appear to have a grip on geography. Edinburgh's in Scotland guys, I wasn't aware CCJ's were available under Scots law).




FJ

Maybe they cant spell Sheriff's Decree!:D

mattey13

however they do know I was the driver as I mistakenly appealed against this.

Would that go against me in anyway in the future such as appearing in court or anything?

As they can prove that it was me that was driving as I told them so?

Another thing that popped into my head was that they couldn't take things from my home... I'm not a home owner....

SodG24

mattey13 wrote: »

however they do know I was the driver as I mistakenly appealed against this.

Would that go against me in anyway in the future such as appearing in court or anything?

As they can prove that it was me that was driving as I told them so?

Another thing that popped into my head was that they couldn't take things from my home... I'm not a home owner....

OK, lets assume they do take you to court then ( which they won't ). The best they can sue you for is breaking the so called contract. At that point all they can claim is any loses due to you break that contract. They need to prove what they have lost which is nothing, zilch, zero, diddly squat.

taffy056

mattey13 wrote: »

however they do know I was the driver as I mistakenly appealed against this.

Would that go against me in anyway in the future such as appearing in court or anything?

As they can prove that it was me that was driving as I told them so?

Another thing that popped into my head was that they couldn't take things from my home... I'm not a home owner....

you are taking this far to seriously, they will not take you to court, they have never done so in the past, they will not do so in the future! you have been given sound advice by people who have been in your situation, look at my signature below and IGNORE the cowboys!

mattey13

Got my letter a couple of days ago from the debt collectors with another £25 added on to my fee.

Company called LRC (Legal Recoveries and Collections LTD)

Stating if I dont pay that court proceedings ma be started with further reference to me.

Then on the back there are Independent Advice Organisation contact numbers.

Sweet!

mattey13

However this did worry me a tad.

http://www.legalrecoveries.com/services-flowchart.asp