Athena: Late letter despite appeal?

londonlydia

Hello,


My partner got a parking fine letter from Athena after he parked in a Lidl on the last Sunday of March. Although it took him a couple of weeks, he responded by placing an appeal through Athena's online system within the time limit.


However, today he received an angry reminder letter stating that he hasn't replied at all!


But, my partner has the email confirmation from Athena, clearly showing the lodged appeal and includes all his details so he did inform them in time of who the driver was and what the details were.


So what is the best way to proceed? There is an email address to respond to on the letter, so is he best just to forward on the email confirmation from Athena back to them? Should he request a POPLA code in the same email?


In case anyone is interested, the reason he put the appeal in is because normally the Lidl car park is gated closed when the store isn't open. So seeing it open he parked up at 10.30ish, and went to the doors only to find out it didn't open till 11 on a Sunday! So he had to hang around, and wait. He completed his shop in 45mins, and left. Sadly this was a 1hr 23min stay and you're only allowed an hour...

Redx

send the appeal in again , reminding them you have already done this once and have an email confirming this initial appeal was received , state the date and time of the appeal and confirmation too, possibly even providing a copy as well

yes , insist on either cancellation or a popla code , AND complain to the store too

Stroma

I wouldn't appeal again, send them the printout of the email clearly showing the date, and inform them that they haven't replied to the attached appeal. Then complain to the bpa and dvla

Coupon-mad

londonlydia wrote: »

In case anyone is interested, the reason he put the appeal in is ...

...because it's not a real PCN and this is just a scam, so everyone on this MSE parking forum appeals and wins at POPLA. No-one here was wondering why he appealed!



Please read the NEWBIES thread. No idea why on earth he named the driver - was he believing some old drivel from their webpage? It was none of their business and he'd have been better to appeal as the keeper. Complicates matters because now the driver will have to wait for a NTD before they can appeal, Athena should send a Notice out to the driver.

What happened when he/the driver complained to the Lidl Store Manager about his pathetic fake fine & harassment? As you would, showing your receipt/Bank statement and asking whether they actually want repeat customers or not?!

londonlydia

Sorry I should clarify, he said he was the driver (and owner). He doesnt use this forum so wasnt aware of all this, so I've stepped in to ask the lovely people on here how to proceed.

But, the letter he received yesterday says he didnt tell them who the driver was in time, but in fact he did and has a confirmartion email from them with his name on confirming that he had done so!

londonlydia

Hi,

Having just has a quick browse on the POPLA site, I have noted it says this:

On receipt of your representations, the operator should:

• Consider any representations received within the time allowed for representations;
• Acknowledge or reply to the representations within 14 days of receiving it;
• Within 35 days of receiving the representations, decide whether to accept or reject it and inform the maker.

The appeal was lodged and the acknowledgment email from Athena received and dated on the 20th April. 35 days beyond this is the 25th May. The reminder letter we got is dated the 27th May so beyond the limit, and also doesnt give a decision on the appeal.

So it seems they've timed themselves out of responding...so do I still need to respond to Athena themselves or do I go direct to POPLA? Has anyone got the reference in the official working to this 35 day limit?

Thanks for your help, I couldnt see other examples on here where a private company didnt respond to the appeal in good time...

Coupon-mad

The 35 days is a minor BPA 'rule' & means nothing. It's fluid and is mentioned on lots of threads and is irrelevant - the BPA says they can take longer. He should simply be pointing out that he has appealed as driver/keeper and they must give him a POPLA code (hope you have looked at 'How to win at POPLA' in post #3 of the NEWBIES thread because it won't be a matter of recounting the mitigating circumstances).

I meant what I said re this bit, seeing as we have a whole sticky thread about 'successful complaints' (in the Crabman stickies near the top) including links to several cases where the CEO of Lidl stepped to cancel these for customers. Takes ONE email complaint usually:

What happened when he/the driver complained to the Lidl Store Manager about his pathetic fake fine & harassment? As you would, showing your receipt/Bank statement and asking whether they actually want repeat customers or not?!

londonlydia

Thanks Coupon Mad

We plan to follow the advice in the thread when we contact Athena again, but it was just the fact that we have received nothing from Athena. Even now 38 days letter we stil havent got a decision. I looked up the relevant section of the BPA code of conduct:

"If at first you only acknowledge

the challenge, or your reply does not fully resolve it,
normally we would expect you to seek the additional
information you require from the motorist and accept
or reject the challenge in writing not more than 35
days after the information required to resolve it has
been received from the motorist. It is acknowledged
that in exceptional circumstances, an investigation into
a challenge may take longer than 35 days after such
information has been received and in these instances the
motorist must be advised accordingly and given a date by
which they can expect a resolution. If this date cannot be
achieved then the motorist must be written to again and
a revised resolution date agreed. We may require you to

demonstrate that you are keeping to these times"

This reads to me like they should have at least informed us that the decision would take longer, or asked us for further information?

Coupon-mad

Yep you can certainly use that against them to point out why you should have your POPLA code by now - but the BPA don't enforce it as gospel and it won't win your POPLA appeal (breaches of the CoP don't win a POPLA appeal and nor do mitigating circs about what happened). Luckily we know what does win!

You could send a quick email to the BPA using the email addy in post #6 of the Newbies sticky, pointing out what you've pointed out to us and asking them to 'investigate' because Athena are dragging their heels and you want to take the matter to POPLA.

Meanwhile email a complaint about all this hassle of a paying customer, to the CEO of Lidl whose email is in post #3 of the 'Successful Complaints about PPCs' sticky thread (collated by Crabman near the top).

ColliesCarer

londonlydia wrote: »

This reads to me like they should have at least informed us that the decision would take longer, or asked us for further information?
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Yes that's correct but their failure to do so won't be enough to invalidate their PCN or get this cancelled.

Follow the advice you have received in the posts above to:
- Complain to the BPA regarding Athena's failure to respond to the appeal and the fact they are continuing to process the charge whilst an appeal is still under consideration (provide copies of all correspondence to/from Athena)

- Write to Athena, providing a hard copy of the appeal that was originally sent and a printout of their email acknowledgement. Demand they either cancel the charge or reject your appeal and provide a POPLA code.

When writing send all letters from the post office and request a free Certificate of posting (legally deemed to have arrived within 2 working days for 1st class).

Read the NEWBIES sticky thread post #3 - follow the link How to Win at POPLA for examples of POPLA appeals - the first Athena/Lidl example you will find there (by OP Shepss) has just won at POPLA.
A very similar appeal will be suitable for your OH to amend for his POPLA appeal when he finally has his POPLA code from Athena.
Post up your draft here for assistance fine tuning it before sending.

Also in the meantime complain to Lidl as C-m has advised

EDIT: Apologies for the Xover C-m