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

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Replies

  • ShepssShepss Forumite
    42 Posts
    I'm not too worried about the POPLA thing , after all I told them ( Athena) when I got the pack that they'd cancelled the charge already and if they want to continue so be it they are the ones who will pay any fees. But out of courtesy I'm happy to inform POPLA of course CC . Don't waste too much of you valuable time on it. I posted the above in the hope that some bits might be useful to someone else in the future.
  • ColliesCarerColliesCarer Forumite
    1.6K Posts
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    Ok thanks Shepss,
    You're right not to be too worried about it. You have your cancellation and that's what matters.
    If I get the chance over the week-end - I'll draft a response to the evidence pack that you might want to fire off to POPLA just in case any further admin "xxxx-ups" occur and also as it may be useful for anyone else appealing against Athena to have the loose ends tied up and to know what points to raise against the evidence pack.

    Don't know if you saw but Flossy1208 recently won - the POPLA appeal was upheld on the basis Athena have no authority to issue charges.

    Enjoy the nice weather - and good luck for July
    CC
  • Coupon-madCoupon-mad
    105.7K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    Shepss wrote: »
    Hi CC ! Signed by Monica Mininni and dated 1/8/08.
    That's interesting - they provide a six year old generic 'Lidl site agreement' which is signed by some woman who may not even work for Lidl now, cannot have seen the current car park contracts back in 2008 and which doesn't even mention specific car park sites (as we know, Athena always lose on that point when it's raised).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ShepssShepss Forumite
    42 Posts
    Thanks CC and C-m ! If I get anything useful further I'll post it up as some snippit may be helpful to someone else in winning their appeal in the future. From what you've both been saying there seem to be plenty of holes in their ' evidence ' though. Thanks for your good wishes CC , just be good to even get one side done after all the delays,
  • edited 18 May 2014 at 10:37AM
    4consumerrights4consumerrights
    2K Posts
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    edited 18 May 2014 at 10:37AM
    Congratulations on getting this ticket cancelled Sheppss - it is quite a long thread !


    @ Collies carer - The written confirmation from Athena is all this OP needs - there is no need for a rebuttal to be be done or to contact POPLA.



    @Shepss - please can you email the evidence pack you received from Athena to

    [email protected]


    We are collating evidence packs from all the PPCs and would appreciate this - thanks :)

    I am the other half of the venture coupon mentioned earlier in your thread.

    http://forums.moneysavingexpert.com/showthread.php?t=4936340&highlight=
  • ShepssShepss Forumite
    42 Posts
    More than happy if it helps someone 4comsumerrights. The pdf contains though obviously my car reg and other details in one piece if you know what I mean . How can I remove this from the pack , what do others do/ send you? Forgive me , I'm not too up with it computer wise !
  • edited 18 May 2014 at 11:13AM
    kirkbyinfurnesslad_2kirkbyinfurnesslad_2
    2.3K Posts
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    edited 18 May 2014 at 11:13AM
    Shepps we can remove the personal details for you , we are only after the statement rather then photos etc
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • edited 18 May 2014 at 11:20AM
    4consumerrights4consumerrights
    2K Posts
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    edited 18 May 2014 at 11:20AM
    Shepps as KIFL says your personal details will not be an issue here nor will they be shared with anyone - we will redact your personal info and then save the statements in this instance.

    you can visit our website too at https://www.parkingticketappeals.org.uk


    and you will note we are registered at the ICO under the data protection act. our registration number there is ZA048914
  • edited 28 May 2014 at 3:11PM
    ShepssShepss Forumite
    42 Posts
    edited 28 May 2014 at 3:11PM
    In spite of my telling Athena in good time to forget POPLA as they'd already quashed the charge as above , it still went through. I won the appeal , this is set out below :-

    PARKING ON PRIVATE LAND APPEALS
    PO Box 70748 London EC1P 1SN
    0845 207 7700
    [EMAIL="enquiries@popla.org.uk"][email protected][/EMAIL]
    www.popla.org.uk
    Parking on Private Land Appeals is administered by the Transport and Environment Committee of London Councils
    Calls to Parking on Private Land Appeals may be recorded


    27 May 2014

    Reference xxxxxxx

    always quote in any communication with POPLA

    xxxxxxx (Appellant)
    -v-
    Athena ANPR Limited (Operator)




    The Operator issued parking charge notice number xxxxxxx arising out
    of the presence at Lidl Ashford, on March 11 2014, of a vehicle with
    registration mark xxxxxxxx

    The Appellant appealed against liability for the parking charge.

    The Assessor has considered the evidence of both parties and has
    determined that the appeal be allowed.

    The Assessor’s reasons are as set out.

    The Operator should now cancel the parking charge notice forthwith.

    2

    27 May 2014

    Reasons for the Assessor’s Determination

    At 10:21, on March 11 2014, an automatic number plate recognition (ANPR)
    system recorded the Appellant’s vehicle entering Lidl Ashford.

    The Operator’s case is that the Appellant breached the car parking
    conditions by exceeding the free parking duration at the site.

    The Appellant made representations stating his case. One of the points raised
    by him was that the charge is not a genuine pre-estimate of loss.

    It appears from the signage produced by the Operator that the parking
    charge represents a sum for specified damages, in other words
    compensation agreed in advance. Accordingly, the charge must represent a
    genuine pre-estimate of the loss caused by the alleged breach.

    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.

    Consequently, I have no evidence before me to refute the Appellant’s
    submission that the parking charge is unenforceable.

    I need not decide any other issues.

    Accordingly, the appeal is allowed.

    Sakib Chowdhury
    Assessor
  • edited 28 May 2014 at 1:48PM
    ColliesCarerColliesCarer Forumite
    1.6K Posts
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    edited 28 May 2014 at 1:48PM
    That's good news Shepss.
    More fool them for not cancelling as you now have the added satisfaction of knowing you cost them £27+vat into the bargain :rotfl:

    And others who have used your appeal as a base for their own also now have added confidence it will win :)

    Best Wishes
    CC

    p.s. would suggest you edit your post to blank out the reference numbers
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