POPLA Appeal help please - Athena ANPR (lidl car park)

Diva0804

Just another quick question. Was my initial email to them technically an appeal? I never used that word in the subject title, and the only time I refer to that in the email, is when I asked them a copy of their appeal procedure. Does that even make a difference at all, or is it totally irrelevant?

Coupon-mad

we have attached a letter (Section G Other Evidence) from Lidl UK Gmbh to confirm it is in place and that we are authorised to issue parking charges

Can we see that please? You can show broken links. Take a pic of the document and host it on tinypic or photobucket, then show us the URL but remove the http:// to break the link so you can show it here.

Just looking to give you the chance to assert that a witness statement is unreliable and expose any irregularities. See point 3 in this new POPLA appeal:

https://forums.moneysavingexpert.com/discussion/comment/63740745#Comment_63740745

Also you may be able to add a bit more because it looks as though they have failed to address your ANPR reliability point? Have they not provided maintenance logs for the ANPR at all or ANYTHING about it? We have some extra wording about ANPR now, after a court win last week:

http://forums.pepipoo.com/index.php?showtopic=84518&st=0&p=891869&#entry891869

So you can add that too when criticising the omission in Athena's evidence pack.

Finally, do the signs in the Lidl car park make it clear that this charge is for 'breach of t&cs' or 'failure to comply'? Can you check the signs & get a photo urgently?

Diva0804

Oh shoot. I took the pic and everything and even typed my response, but it seems I can't share links because I don't have enough posts. what's the way around it?

Diva0804

Ha, figured out the way around it. removed the http at the beginning, and the .png at the end of the links i shares below.

So is this a genuine relevant contract or a witness statement?
xxxxx

When you talk about maintenance log, you mean for the cameras? They've only provided a map of the car park, showing where the cameras and signage are.

This is a picture of their signage. so does it clearly says breach of t&c and failure to comply?
xxxxxx

When you say i can add a bit more, does that mean I can add more points to my current POPLA appeal which I assume is still being reviewed?

thx

bod1467

Is that the real POPLA reference in your post above? If yes I'd suggest masking it.

Clicky links ...

http://i42.tinypic.com/25r2n3q

http://i44.tinypic.com/1grtar

Diva0804

oops. thanks for pointing that out. i've removed it from my post above. thanks

Coupon-mad

Diva0804 wrote: »

Oh shoot. I took the pic and everything and even typed my response, but it seems I can't share links because I don't have enough posts. what's the way around it?

Can we see that please? You can show broken links. Take a pic of the document and host it on tinypic or photobucket, then show us the URL but remove the http:// to break the link so you can show it here

:cool:

Diva0804 wrote: »

Ha, figured out the way around it. removed the http at the beginning, and the .png at the end of the links i shares below

OK so this case won't be won on no GPEOL because the signs do not suggest breach - we will have to remember that about Athena.

So respond to POPLA immediately, before they can make a decision which could be as early as next week now, about the other points that Athena have not addressed properly.

The letter doesn't say who 'Monica Minnini' is/was (nearly 2 years ago when she signed that, or did she sign it then, how can you know?!) and neither is it witnessed, nor does it confirm anything about the contract, and nor is it even from the landowner at all. So Athena have failed to show they have complied with the BPA CoP in terms of specific contract with the landowner. That letter does not show whether Athena has any right as creditor to pursue parking charges in the courts if necessary, nor even does it show they can form contracts with drivers at all, it's just their business agreement letter to put signs up and act for Lidl as an agent, basically!

Then add a paragraph pointing out that Athena have also failed to prove the reliability, maintenance and synchronisation of their ANPR even though in your POPLA appeal you have already pointed out that this is fundamental to their case. {then add the extra stuff on the link I gave you about lack of synchronisation with the timer and the Fox-Jones case}

And add that, as already covered in your appeal, a lack of identification of the creditor on a NTK is a fundamental flaw of a Notice to Keeper as it breaches paragraph 9(2)(h) and an Operator cannot rebut this point just by saying that in the opinion of themselves and their (biased) Trade Body it is 'totally compatible with POFA 2012' when even a cursory glance by you, as a lay person with no background in parking law, identifies this important omission:

''The notice must—identify the creditor and specify how and to whom payment or notification to the creditor may be made;''

And finish by saying Athena have used a template response to POPLA as they have called you 'he' throughout when clearly from your name you are female.


Show us the draft of what you are going to send to POPLA. Also send it direct to Athena as well in the interests of 'open evidence sharing' between you, them and POPLA.

Diva0804

Ugh. just noticed it's in the pics as well.
Should I crop that out, re-upload the pics, and provide the new broken links again ??
I'm so daft !

Diva0804

ok thanks. so i'm assuming that to respond to popla, i need to go to upload evidence, put in my popla code and go from there?

let me draft something quickly, and I'll post it here for review.

thanks !

Coupon-mad

Not sure you can upload stuff now but you can try...if not then post it to both parties.