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Overstay charge

Hi everyone

I have been sent a parking Charge notice from Athena for overstayinga 1 hour limit in a Lidl Car park. This car park has an arrangement with thePark Club Gym which shares the building and car park with Lidl, where Gym visitorsget 2 hours parking if they enter their registration number into a terminal inreception.

I have sent 2 letters explaining that on the day in questionI used the car park to visit the Park Club Gym and entered my details into theconsole in reception which allows me 2 hours parking.

I have done this regularly over the past few years at 7:00pmto 9:00 pm on a Wednesday evening and have never had a problem although,sometimes you have to press the screen several times to get it to accept theentry.

As I was attending a class in the gym and parked in the carpark in accordance with their agreements. I should therefore have beenallocated 2 hours parking, and I was in the car park for 1hour 47 minutes.

Athena have informed me that no entry can be found for thedate in question, however, as I said sometimes you have to press the screenmore than once and on this occasion I simply entered the details and walkedaway, not checking that my entry may have not sent.

I have already offered a list of names of the people I wasin a class with in order to support the fact I was in the gym and using theirfacilities.

I have also supplied the registration numbers of those peopleso Athena can see we were all there at the same time.

Sadly Athena are not willing to accept my position and haveeven added a £20 administration charge for reading me appeal.

Any advice?

Comments

  • Complain to the manager of the gym and get them to cancel the charge (they can do this, even if they claim they can't). There is surely a record that you were there, e.g. swiped your membership card on entry.

    What do you mean about a £20 admin charge? If they have rejected your appeal, then have they supplied a POPLA code.
  • Folkiedave
    Folkiedave Posts: 227 Forumite
    edited 25 September 2013 at 12:08PM
    Do not mess about with these people.

    You have told Athena you were driving - which is a shame but never mind.

    Demand that the Gym stops the ticket - suggest that if you sue the parking company they will be named as well - point out you are a loyal customer - threaten to cancel your gym membership - tell all the people you generally meet etc.

    Write to Athena and demand a POPLA code.

    Make a soft appeal to Athena.

    Make a hard appeal to POPLA

    Check each of these on here once you have written them.
  • I should have added if they have rejected an appeal and not sent a POPLA code complain to the DVLA. Liz Symonds is the name you need.

  • Thanks, so far Athena have not even told me advised me POPLAeven exists let alone told me I can complain to them. I will talk to the gymtonight and see what they say.

    Back soon.
  • Coupon-mad
    Coupon-mad Posts: 155,513 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    RAM44 wrote: »
    Thanks, so far Athena have not even told me advised me POPLAeven exists let alone told me I can complain to them. I will talk to the gymtonight and see what they say.

    Back soon.


    Is this in Scotland or NI? Please tell us what Athena's rejection letter said.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi Coupon-mad

    No its England, here is most of the last e-mail from them.

    'We do understand your position however having checked our records, yourregistration number was not on the list of Park Club users for the day inquestion which resulted in a charge being issued. We have reviewed the matterand unfortunately are unable to cancel the charge.
    In light of this anadministration charge of £20 applies. This decision is final'

    I have sent them a letter from the club stating I was there using the gym.
  • RAM44 wrote: »
    In light of this anadministration charge of £20 applies. This decision is final'
    I think that adequately sums up the kind of blood-sucking money-grabbing low-life scum you are dealing with, and they should be treated with the utter contempt that comes from such behaviour.
    RAM44 wrote: »
    I have sent them a letter from the club stating I was there using the gym.
    Stop messing around being the middle man. Get the gym to communicate directly with the parking scum and cancel the ticket.

    Did they provide a POPLA code?
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    PPC
    Address

    DATE


    FORMAL COMPLAINT





    Dear Sirs

    Parking Charge Number xxxxxxx
    Vehicle Registration Number xxxxxx

    I am the Registered Keeper of the above vehicle and am writing to lodge a formal complaint regarding your company's refusal to issue a POPLA code in this case.

    Specifically:

    On [date] I raised an appeal against the above PCN, within the 28 days stipulated.

    On [date] you rejected my appeal but failed to provide me with a POPLA code, and informed me that you require a £20 admin charge for dealing with the appeal.

    Your conduct amounts to a clear breach of the BPA Code of Practice and accordingly I have now made a formal complaint to the BPA and the DVLA.

    I expect you to now consider my appeal and either uphold it and cancel the charge; or deny it and issue a POPLA Code.

    I require your reply within 14 days.


    Yours faithfully

    PRINT NAME




    Then copy the letter to Steve Clark Steve.C@britishparking.co.uk with a brief covering letter asking him to investigate ATHENA's unlawful refusal to deal with your appeal (enclose a copy of their letter and your reply) and send a copy of your letter to BPA to
    elizabeth.symonds@dvla.gsi.gov.uk to bring ATHENA's breach of the BPA CoP to the attention of DVLA, and ask them to investigate the matter and take appropriate action against ATHENA
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
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