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

Umkomaas

Well done Diva and thanks for the transcript.

A couple of bits of claptrap in the Assessor's decision.

The Appellant submits that the notice to keeper does not comply with Schedule 4 as the Operator has failed to identify itself as the creditor. Under paragraph 2(1) of the Act, “the creditor” means a person who is for the time being entitled to recover unpaid parking charges from the driver of the vehicle”. The Operator has produced a copy of the notice to keeper sent to the Appellant, and I note is does not specifically specify itself as a creditor.
However, it is apparent that Athena ANPR Ltd are the person entitled to recover the unpaid parking charge. The notice gives all the relevant details of the ‘period of parking’; was ‘given’ within 14 days of the date of the alleged contravention; and, invites the keeper to name the driver. The Appellant does not appear to have named the driver. Therefore, I am satisfied that the notice complies with all the relevant requirements of paragraph 9 of the Schedule.

If PoFA requires the creditor to be identified, then the 'reasoning' above cannot be correct.

The Operator does not appear to dispute that the sum represents damages, and has not attempted to justify the charge as a genuine pre-estimate of loss. They simply state that they do not believe that that charge is not excessive, but have not elaborated in any sufficient detail their justification why.

Nice double negative. If they do not believe the charge is not excessive, then it must be excessive! QED.

Nonetheless a win is a win.

Half_way

f I had gone through the popla process with Lidl like you, and won, my next step would be gong back to Lidl and demanding that they:

Reimburse me for the time wasted in this
Take immediate action to ensure that this will never happen again, such as removing the parking company from their store, or disabling their equipment ( placing a bag over the camera)

Computersaysno

Your assessor needs a slap from their manager.


They obviously didn't scan your appeal looking for an easy win [GPEOL] and instead wasted time on your first point.


What was the assessors name??

barry.1978

What is the timeframe in which a civil parking charge notice must be sent ???

Thanks

Stroma

Barry start your own thread instead of bumping a thread from more than a month ago

Coupon-mad

barry.1978 wrote: »

What is the timeframe in which a civil parking charge notice must be sent ???

Thanks

What did you learn before you posted, when you first arrived on this forum board and read the sticky threads at the top? Kind of surprised at all the new threads this week where no-one has read these...sigh:

Sticky: NEWBIES!! PRIVATE PARKING TICKET? EVEN AN OLD ONE? ***READ THIS FIRST*** Thankyou!

and

Sticky: Successful complaints about private parking tickets - how to get them cancelled!