POPLA Appeal Letter - Please Check & Comments

Charlesludicrous

Hi - I received a PCN for parking in Lidl Car Park too long. I used the appeal letter I found on here but got a template letter back from Athena. I've used some previous correspondence from other threads but would appreciate any comments before I submit to POPLA. Here's my letter:


POPLA Code: XXXXXXX

Vehicle Reg: XXXXXXX

PPC: Athena ANPR

PCN Ref: XXXXXXXXXXX

Alleged Contravention Date & Time: 30/03/14

Date of PCN: XXXXXXX



On 30 March 2014 I was sent an invoice from Athena ANPR requiringpayment of a charge of £90 for an alleged parking contravention

I would like to appeal this notice on the following grounds:



- No Creditor identified on the Notice to Appellant

- No authority to levy charges

- Lack of contract

- Charge not a genuine pre-estimate of loss

- Cameras

- POPLA Code Generation



No Creditor identified on theNotice to Appellant



Failing to include specific identification as to who ‘the Creditor’ maybe is misleading and not compliant in regard to paragraph 9(2)(h) of Schedule 4of the Protection of Freedoms Act 2012. Whilst the Notice has indicated thatthe operator requires a payment to Athena ANPR, there is no specificidentification of the Creditor who may, in law, be Athena ANPR or some otherparty. The Protection of Freedoms Act requires a Notice to Appellant to havewords to the effect that ‘The Creditor is…’ and the Notice does not. POPLA Assessor Matthew Shaw hasstated that the validity of a Notice to Keeper is fundamental to establishingliability for a parking charge. Where a Notice is to be relied upon toestablish liability under Paragraph 9 it must, as with any statutory provision,comply with the Act. As the Notice was not compliant with the Act, it was not properly issued



I therefore respectfully request that my appeal is upheld and the charge dismissed.



No authority to levy charges



A parking management company willneed to have the proper legal authorisation to contract with the consumer onthe landowner’s behalf and enforce for breach of contract. The operator mustproduce evidence to demonstrate that it is the landowner, or a contract orother evidence that it has the authority of the landowner to issue chargenotices at this location. The appellant believes there is no contract with thelandowner/occupier that entitles Athena ANPR to levy these charges and topursue these charges in their own name in the Courts and therefore has noauthority to issue charge notices. When requested on appeal Athena ANPR failedto provide a copy of the contract. The appellant puts the operator to strictproof to POPLA that they have the necessary legal authorisation at thislocation and demands that the operator produce to POPLA the contemporaneous contract between the landowner and the operator.



I therefore respectfully request that my appeal is upheld and the charge dismissed.



No contract



There was no contract between the driver and Athena ANPR. The driver didnot see any contractual information on any signs when entering the car park andtherefore at that time had no idea that any contract or restrictions applied. As a consequence the requirements for forming a contract such as a meeting ofminds, agreement, and certainty of terms were not satisfied. And even if therewas a contract, which has yet to be proven, then it is unfair as defined in theUnfair Terms in Consumer Contracts Regulations 1999.



I therefore respectfully requestthat my appeal is upheld and the charge dismissed.



Charge not a genuine pre-estimate of loss



The demand for £90 is punitive, unreasonable, exceeds an appropriateamount, has no relationship to the loss that would have been suffered by theLandowner, and is therefore an unenforceable penalty. Furthermore, it exceeds the BPA’s own Code of Practice.

The BPA Code of Practice states:

19.5 If the parking charge thatthe driver is being asked to pay is for a breach of contract or act oftrespass, this charge must be based on the genuine pre-estimate of loss thatyou suffer.

19.6 If your parking charge is based upon a contractually agreed sum,that charge cannot be punitive or unreasonable.

The appellant requires Athena ANPR to provide a detailed breakdown ofhow the amount of the charge was calculated. I am aware from Court rulings andprevious POPLA adjudications that the cost of running the business may not beincluded in these pre-estimates of loss. POPLA Assessor Matthew Shaw has stated that the entirety ofthe parking charge must be a genuine pre-estimate of loss in order to beenforceable. For example, were no breach to have occurred, then the cost ofparking enforcement, such as erecting signage, would still have been the same.The estimate must be based upon loss flowing from a breach of the parkingterms, and in this instance there was no such loss.



I therefore respectfully request that my appeal is upheld and the charge dismissed.



Cameras



Athena ANPR are obliged to makesure their equipment is in working order and comply with the requirements ofthe BPA Code of Practice part 21. The appellant required them to presentevidence on whether the cameras were checked and maintained recently inrelation to the date of the alleged incident, to ensure the accuracy of anyAthena ANPR images. They have failed to do so, although this is important becausethe entirety of the charge is founded on two images purporting to show thevehicle entering and exiting at specific times.

I also challenge The Operator toshow that DPA registration (data collecting CCTV) is also compliant with legaland BPA requirements and demand that they demonstrate adherence.



I therefore respectfully requestthat my appeal is upheld and the charge dismissed.



POPLA Code Generation



The POPLA Code was generated 2 days before the date of the appealrejection letter. This means that there has not been the full 28 days to appealgiven that you are entitled to under the British Parking Association's Code ofPractice.



I therefore respectfully request that my appeal is upheld and the charge dismissed.



Yours Sincerely,





XXXXXXXX

What do you think?

Thanks

CLB

bod1467

That looks pretty good to me. :T