"Civil Parking Charge Notice" Athena ANPR Ltd

Em67

Hi all,

I have read quite a few of your threads with advice for people who have received these seemingly pointless invoices, so apologies for going over old ground.....

I recieved a notice the other day which looked really shoddy for a start and, having researched all the forums, I have no intention of paying this charge.

It was issued after the 1st October and i'm still a little unclear as to how this might affect me. I realise I have the option to appeal, get a rejection and appeal through POPLA however what would my grounds for appeal be? We stayed too long in the car park by about 15 mins as we got held up waiting for someone. Or is the appeal on the grounds that it is an unlawful charge as it does not reflect the losses of the Landowner (£0)?

And if these companies are charging people unlawfully, Why is the DVLA giving details to them or is that whole different argument.......?

Again apologies for going over the same things as others but I just want to be clear.

Cheers.

RENEGADE_2

Your grounds for rejection, NOT appealing (as the demand is unlawful) may be anything.

Dear Parking Company
If your allegation is correct then accept my apologies for ther irritation this may have caused you, I'see it doesn't happen again BYE-BYE.

Await rejection.

Then tell Grandma (POPLA)

The demand of the operator is unlawful in that it does not reflect landowner losses and if they believe me to have this alleged debt, may they take the matter to adjudication BYE-BYE.

Then discard everything from everyone.

RENEGADE_2

The DVLA is happy to provide details because they get paid each time they do this and they can pretend to play ignorant over what the PPC intends to do.

Em67

Thanks RENEGADE,

What's the risk if I don't really want anything to do with them and just ignore it completely? Has any of the advice changed since POPLA has been set up or do I HAVE to correspond with them?

Thanks.

RENEGADE_2

First, there is no risk. Here at MSE, nobody would urge you to do something illegal. Where a situation proves ambiguous and we are unable to help, we normally advise seeking further information as such from Pepipoo.

Athena's demand is 100% unlawful and therefore unenforceable. This means that if they tried to take you to court, you would win hands down because they are unable to prove that your action has cost them what they claim. Proven losses and not a penny more are all that a landowner can seek according to Contract Law which is the legislation here. Athena has issued you a de facto penalty and such behaviour is unlawful so you are 100% clear to hold your pennies.

Scdhedule 4 which came into effect this month changes nothing from a technical angle, but if you have the chance to go through POPLA, do so, because the experience will cost the PPC a mandatory £32 and no verdict from POPLA is binding for you! You're laughing!

RENEGADE_2

Just one thing - if this is the same as your original post concerning Athena, there are some replies including from me here:
https://forums.moneysavingexpert.com/discussion/comment/56649515#Comment_56649515

Em67

Thank you, your advice is very reassuring!

(It is the same as the other post but felt I needed to create a thread rather than "hijacking" another as I was still a little unsure and had more more questions...)

Thanks very much! I will keep you posted with the outcome.

RENEGADE_2

No worries, there is no such offence here as "hijacking"; most posts have a shelf life of a few days but they can linger on if new topics are introduced. Normally when the list indicates that the latest activity appears on a thread which began two years ago we all tend to jump straight to the tail end to see what is what, and normally it never relates to the OP, so don't let it bother you!

The "outcome", Em67, is not in the hands of your opponent, it is in your hands. You either decide to pay or you refuse!

They will chase this way or that way, it is their only hope that you get scared and submit.

taffy056

Em67 wrote: »

Thank you, your advice is very reassuring!

(It is the same as the other post but felt I needed to create a thread rather than "hijacking" another as I was still a little unsure and had more more questions...)

Thanks very much! I will keep you posted with the outcome.

Most on here encourage a new thread for a new issue, otherwise it could get confusing on the advice being received and the questions being asked .

Em67

How is this for an initial response?

"To whom it may concern,

I recently received a Civil Parking Charge Notice with regards to the above reference number, which I do not accept on the grounds that I was not aware I had overstayed.

In light of this, I ask that your charge is cancelled and your records ammended as such. You can rest assured you will not have the need to send a Civil Parking Charge to me in the future.

With regards......"

trisontana

Drop the "Civil". Using that word gives this invoice a legitimacy it doesn't deserve