POPLA Appeal help please - Athena ANPR (Lidl car park) 1 April 2014 at 10:16AM in Parking Tickets, Fines & Parking 83 replies 12.3K views

Shepss

Thanks everyone ! I had to root around for the camera charger hence delay! Hope some of these links get to the sign picture , if note I will type out what it says , colour etc.Have taken off the www stuff as directed.

Shepss

It wouldn't let me post the link even taking off the www.
'Sorry as a new user you are not allowed to post with links. This is done to stop spammers clogging up the site. Please edit your message below to continue.'

Shepss

I'll type out what it says. Sorry !!

Shepss

i62.tinypic.com/f28z2s.

Shepss

i62.tinypic.com/f28z2s.jpg any help?

Shepss

Camera controlled car park maximum free stay of 60 minutes
Conditions apply 24 hours every day
IN BLUE :- charges for staying in this car park.
Up to 60 minutes – no charge
More than 60 minutes- £90
No return within 2 hours or a charge of £90 will apply
IN BLACK PRINT :- entry to and use of this private land is subject to the following contractual terms and conditions.use of this land is at the discretion of the landowner or Athena anpr. Ltd as managers of this car park. Drivers agree ( by their conduct of entering this car park ) these contractual terms and conditions with Athena anpr and thereby agree to pay Athena the charges stated on this sign.in the event a driver becomes liable to pay a charge the registered keepers details may be requested from the dvla so that a charge may be issued.
THEN BIT ABOUT REDUCED FROM £90 TO £45
AND FINISHES WITH:-
If you do not fully understand and agree this contractual terms and conditions you should immediately leave this car park.
Phewwww !!

Shepss

tinypic.com?ref=f28z2s" target="_blank"><img src="http://i62.tinypic.com/f28z2s.jpg&quot; border="0" alt="Image and video hosting by TinyPic

ColliesCarer

Hi Shepss,

Here's the link to you photo

http://oi62.tinypic.com/f28z2s.jpg

They are trying to say it's a contractual term rather than a breach of contract, but don't worry it's still easily challenged.
Just means the usual POPLA grounds on no genuine pre estimate of loss will need some extra points to deal with this and the forum will help you include what's needed.

Shepss

Thank you ColliesCarer . I have until 22/4/14 to appeal ( their letter was issued 25/3/14 and was a day out from the issue of the code anyway. ) But Ii will deal with it way before that. I will try to set something out tomorrow , my family will be here for a few days after that , so if not about Friday next. If I set out something and post it I'd be grateful if you'd shoot me down if anything's wrong especially as you say it needs some extra points re the pre estimate of costs point per your post.

ColliesCarer

Of course - no problem, I and others will help you perfect it and you've plenty of time to get this in before the deadline.

Much of the appeal da_rule pointed you to in post 2 will apply to you (linked again below for you)

http://forums.moneysavingexpert.com/showthread.php?t=4790403&highlight=athena

but also take a look at others too by doing the search Coupon-Mad suggested for Athena or Lidl.
To do a search click the "search the forum" tab (on the right in the green band at the top of main page of this forum) put in the search term and select "posts".

In addition check the notice to keeper that Athena originally sent to you against section 9 of POFA 2012 schedule 4 for any compliance issues as these are relevant to whether they have failed to establish keeper liability.
Things to look for particularly are:
a) Did you receive it within 15 days of the alleged event ( if no post mark, the date they issued it + 2 working days (excluding Sat and Sun) is when it will be presumed to have been delivered to you).
b) Have they identified themselves as the creditor?
If your unsure - post up a picture of both front and back pages making sure you blank out any personal detail and I'll take a look at it for you.
Regards
CC