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POPLA Appeal help please - Athena ANPR (Lidl car park)
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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
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES 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=
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
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
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