Athena parking charge

fairyweb

thanks. i think the trouble is for you experienced guys, you forget how complicated it is for newbies. what seems to you a simple link to follow, usually turns out to be a royal headache. its been expressed plenty of times by other newbies i see so i know im not stupid LOL.
anyway, this morning i am looking at the bpa site and would like to paste a couple of things for consideration. one of which is the reason i was originally questioning how athena is claiming to operate

In the Code ‘parking charges’ means charges arising from
enforcement under three different circumstances:
.when a motorist breaks the terms and conditions of a
parking contract
• when a motorist trespasses by parking without
permission
• agreed charges that are advertised in the contract; for example, for an overstay
.......what is the difference between 1 & 2 and does it matter ?


We believe that where possible parking enforcement
should take place within the legal framework provided by
such legislation as the Traffic Management Act or other
road traffic regulations. If you are enforcing as a local
authority, you should try to enforce in this way.
20.21 If this is not possible for whatever reason, you may
use the rules of the Code to manage your unregulated
parking enforcement in the following way:
• You may not use this section of the Code, PoFA
2012 or POPLA to manage your unregulated car
parks if you are enforcing using the principles of the
law of contract.
• You may use the section of the Code for Scotland
and Northern Ireland if you are enforcing using the
principles of the law of contract in any part of the UK.
• You may use this section of the Code, PoFA 2012
and POPLA if you are able to use the principles of
the Tort of Trespass.




thoughts ?

fairyweb

more stuff ive been thinking about after reading on here. I realise some of it may be blasted as irrelevant, but opinions among the experts differ

the signs do not say it is a customer only car park. does this point to Lidls not being the owner of the land, and does that help me?

im a bit concerned about the thread that states you will have to remember about athena and not relying on gpeol. in my opinon the sign does 'indicate' that a breach of contract would have been made, but i cant be sure

as athena refuse to enter in to further discussion after issue of my popla, does that not mean they are not following the pre court practice direction procedure ? ive heard that both parties are expected to do ALL they can to solve issues before it gets that far.

my initial letter from athena states 'there is reasonable cause to believe that according to these terms a charge is due' now this seems, rightly or wrongly a bit ambiguous to me. unfortunately i cant find the thread on here that made me pick up on this

as i mentioned on a previous post, a notice in the car park says the cameras are used to prevent criminal damage. as far as i am aware, it does not say anywhere that they are used to take pictures of private cars for the use of exhorting money from shoppers
i will go back and check elsewhere in the car park. i think its just left for us to put 2 & 2 together on that one. i didnt

also, ive been in touch with Lidl's. thats a big joke right. i got the usual letter back twice so went to the ceo and waiting to hear something (or not)
any advice on that from the point of view of popla? surely they cant just get away with ignoring the legal aspects of these cases, even if they dont do the morally right thing

happy days:j

Redx

my point on this is going to be simple , as I dont dissect all the guff put out by the BPA or the PPC,s etc , most or all of these PPC,s dont even follow the CoP properly and yet still operate , as its just a "boys club" , not an independent regulatory body

you need to get your popla appeal in REGARDLESS of whether you want to debate the semantics here

the popla appeal has a deadline and dozens of examples exist (from the links in post #3 of the newbies thread) and nobody is going to write one for you, but if you post the draft here people will check it for you (remember we are all unpaid volunteer members here pointing you at stuff, you are not paying for a bespoke service)

should you wish to stick around and debate the finer points on legality or the BPA CoP or anything else feel free to do so, even if it takes you 6 months to debate it and assuming any member wishes to debate it with you (I know I dont wish to - life is too short as it is)

I dont mind if you wish to go to the small claims court and debate it there either

so get your appeal together and checked and sent in, then sit back and do the debate or inquest later

Coupon-mad

Why don't you show us your draft POPLA appeal based on another example which was also an ANPR postal ticket? So pick a nice recent one about Parking Eye for example and amend it to say Athena, or pick a recent winning one about Athena which you can find by searching the forum for keywords: 'Athena POPLA' using the 'search this forum' heading next to forum tools on p1.

We can help you perfect it if you just give us a draft to work with!

fairyweb

you know what, i really feel like i cant win with you people. you berate newbies for not asking for advice, but when we do we get shot down for that as well. im not asking for anyone to do this for me. forget it

bod1467

You could have helped us to help you, but instead you've taken the above approach.

Welsh_Exile

fairyweb wrote: »

you know what, i really feel like i cant win with you people. you berate newbies for not asking for advice, but when we do we get shot down for that as well. im not asking for anyone to do this for me. forget it

Sorry? Where were you "shot down" - all I see is people trying to help you. Much better to have your appeal tested and critiqued here than losing at POPLA!