CPC by Athena ANPR Ltd

almep13

Hi,
While abroad I received via post a Notice To Keeper (NTK) for a Civil Parking Charge (CPC) byAthena ANPR Ltd for my car overstaying the allowed parking time (1.5hr) at aLidl store in London.
I have read theflow-chart by “da_rule”, appeal template by “coupon-mad” and other usefulsuggestions by frequent forum members, which makes the experience of dealingwith such a matter for a “newbie” like me a lot more easier.


In its request forpayment (invoice) or CPC as Athena calls it, it has provided:

• Parking incident (exceeding free parking duration) and Location;
• Vehicle Reg No (VRN);
• Incident date;
• Issues date (two days after the incident date);
• Allowed duration of stay (1.5hr);
• Actual duration of stay;
• Footage of CCTV (although the VRN is not visible in body of the car in the picture recording exiting the car park – Athena has shown VRN as an extract detached from the body of the car);
• Sch 4 of POFA 2012;
• The creditor – Athena ANPR Ltd in this case;
• Reduced Parking Charge (£45) and its due date (which had already expired by the time I returned to UK);
• Parking Charge (£90) and its due date (in the next few days).

I was hoping that some of the helpful members of this forum would beable to offer some advice on my points of appeal that I intend to send viae-mail to Athena. Is it ok to use the carefully drafted template by “coupon-mad”at this stage with the added points by me or should I save that ammunition forthe POPLA appeal?
“Dear Athena ANPR Ltd,
PCN number xxxxxxx
While abroad I have received your parking 'invoice' impersonating a parkingticket. I decline your invitation to pay or name the driver, neither of whichare required of me as the keeper of the vehicle. This is my appeal and allliability to your company is denied on the following basis:
A, B, C points asper “coupon-mad’s” template for “newbies”.
D) While thefootage provided shows clearly the VRN of my car entering the car park inquestion, the dame cannot be said on the footage when you claim that my carexited the car park. The VRN is not visible in the body of my car on the secondpicture (exiting the car park) that Athena ANPR Ltd claims and it does notidentify that it is my car apart from the detached extract showing my VRN.Hence, your request for payment should be dropped on this basis.
E) The car wasparked at the location in question for a genuine shopping trip to Lidl store.Hence, no abuse of the intended purpose of car park took place and as such yourrequest for payment should be dropped.
As youhave failed to create any enforceable contract I suggest that you cancel thisunjustified 'ticket'. If not, under your Trade Body's current Code of Practiceyou must issue a rejection letter which, in order to answer my appeal, mustinclude:
Points 1-5as per Template again…
YoursSincerely,
Xxx”

I am gratefulto this forum, as it gives a clear insight in how to fight back against thesescrupulous private parking companies (short for “cowboys”) and I look forwardto your valuable comments.
Apologiesfor the long post.
Almep13

Redx

typo in D, says dame

best to copy and paste your appeal into NOTEPAD , save it, then copy and paste onto here to avoid formatting errors , also checking for spelling mistakes

providing you do not identify the driver themselves, its ok to add extra points, but they are unlikely to drop the PCN so as long as your appeal is within the 28 days time line they should issue a popla code

if they dont issue one, report them to the BPA

any stalling , report them to the BPA

this company are notorious for stalling and beating round the bush, so dont allow it


if sending at the PO, get a free certificate of posting (not recorded)

dont just post in a postbox or they will dent receiving it

good luck

ps:- complain to LIDL too, get them to cancel it asap

if it goes to popla , this thread will help you too

https://forums.moneysavingexpert.com/discussion/5010306

just been won at POPLA

Triumphstag

Hi,


You may not know that, (according to the ParkingPranksters blog of 7th August), Athena only keep a few pounds as an admin fee and the balance goes to Lidl.
I would be down the store with a print off of the blog having a huge stand up row in public and demanding cancellation PDQ.


I cannot understand why people give their money to businesses who treat their customers with such contempt!
The day parkingeye signs appeared in my local Morrisons was the last time I set foot in their store to tell the manager he had lost my £100 a week and I won't spend money in any Aldi, Lidl, The range, etc.


If everyone boycotted the stores the situation would change very rapidly.
TS

almep13

Thank you Redx and Triumphstag for your comments.

I typed in a word format and pasted into the thread and it seems that all spaces have gone .

I went this morning to the store and spoke to the manager, while she was serving in the till another customer - this tells a lot for Lidl's standard. She referred me to the customer service, which is not very helpful.

There is no signage post upon entering the car park. The signage posts are scattered around the car park, but are not visible when one enters, which is the point that one gives consideration into entering the car park or not, hence the point into establishing a contract with the owner of the car park. As this consideration cannot be established, this renders the contract void. Therefore, the invoice for payment of £90 is not valid and it should be cancelled.

Shall I add this point, although this is somehow a duplication of the point D in the template?

After reading the various threads and encouraging advice by experienced and helpful members, I am full of confidence of winning this appeal.

Almep13

Umkomaas

After reading the various threads and encouraging advice by experienced and helpful members, I am full of confidence of winning this appeal.

So are we. But it's unlikely to be at the initial appeal point (unless you can get the store to cancel, which you've not had much luck on), so just use the initial appeal, as per the NEWBIES sticky, and keep the gunpowder dry for your POPLA appeal where you will win (but make sure we have sight of your POPLA appeal draft first please).

Coupon-mad

Your first added words are fine but you don't need to add even more about signage - keep the detail for POPLA. You will win!

almep13

Thank you all for your valuable comments.

I'll e-mail my appeal now.

Almep13

almep13

Hi there,

As expected, I received last week the refusal from Athena. It has provided me with the POPLA code.

In its refusal Athena only mentions the usual (I am numbering them for ease of reference):
i) "...contracted by the owner of land to manage the site...";
ii) "...member and approved operator of BPA...and agreement with DVLA...";
iii) "The terms for using the car park are very clearly stipulated on signage...";
iv) "...sufficient number of signs in the car park...if you fail to comply with the terms you will be liable to pay a parking charge. When you drove into the car park and parked your vehicle, you agreed to the contractual terms detailed on the signage";
v) "We do not find that your challenge contains substantive reasons to cancel this charge and whilst the terms of use in operation on that site are very clear you have made no effort to indicate any substantive mitigating circumstances."

Am I ok to use the template used in the case below as per link (it doesn't allow me to post the link though), post called "POPLA Appeal help please - Athena ANPR (Lidl car park)" by Shepss on 15 April 2014,post #31, obviously tweaking it for my case, such as the time allowed 1hr and 30min? Obviously this template has the contribution of many valuable members of this wonderful forum.

Athena does not seem to have considered and or make any reference to my point about the footage of exiting the car park. Can I add anything on this?

On point iv) above (in bold and underscored) they are assuming that I was the driver, when I never divuleged that info on my appeal to them. Is there a point to be raised in my POPLA appeal?

On point v) above (in bold) - with all my points raised and little response referring back to them in its refusal, how could this sort of language be used by an approved BPA member? Is there an etiquette for this? Is this worth raising?

Having read many threads in forum, I believe that more info would be made available to me by Athena once I have lodged an appeal with POPLA, isn't it?

Look forward to read your valuable comments.

Thank you and hope you are having a good week-end.

Almep13

Redx

so you mean this thread https://forums.moneysavingexpert.com/discussion/4936219 post #31

its a few months old so I would wait for further critique seeing as lidl cancelled on that thread, not popla

I wouldnt worry too much what a PPC says, they have a vested interest in distorting the truth , like asking a great white shark why he is biting your arm off and he replies he is helping you to lose weight

you can only report a PPC to the BPA for sanctions if they have broken the BPA CoP

it wouldnt surprise me if athena dont challenge this at popla or if they cancelled, so dont expect or assume anything

maybe post your adapted popla appeal for further critique ?

almep13

Thank you Redx for your comments.

Yes, I was referring to the thread that you attached on your reply.

I'll try and taylor the points of appeal in the next couple of days.

As a newbie do you know what I have to do to be able to add links or load pictures, because the system does not allow me?

Almep13.

Redx

I believe you need quite a few more posts on the forum, but you can always use tinypic or photobucket or imgur to host pics etc and then use a broken weblink for now and a full weblink later

I dont think you can attach files on here, just hotlink or broken link them from a hosting site