CPC by Athena ANPR Ltd

The_Slithy_Tove

This post (http://forums.moneysavingexpert.com/showpost.php?p=65665980&postcount=6) has a specific rebuttal of Athena's claim that it's a contractural charge and not a sum for breach of contract. You'll need to edit it to your circumstances (e.g. I don't think Athena have slipped up in their response and called it a "breach", so can't pull them up on that). Use this plus the usual POPLA appeal points.

Even though they claim that they have provided proof they have the right to pursue claims, they have offered no such thing. They have stated it's the case, but have not provided the contract. Press this point.

Coupon-mad

Athena always used to show a generic witness statement saying they act for Lidl 'at their stores' but without pinning down the actual car park in question. If that's still the case with the witness statement, then include that in the rebuttal along with the fact you weren't asking if Athena could 'issue PCNs' (any firm could do that admin for a creditor, indeed a Secretary could issue such letters and that wouldn't give the Secretary locus standi to form contracts with motorists or to sue them!). You said they had no standing to pursue these charges in the courts and Athena have shown no proof to the contrary (because they can't, because in fact they are a paid agent and have no such specific authority).

As well as tearing into the fact the charge is for exceeding the 'Allowed Duration of Stay' which is not an offer to park for longer, at all! It's a charge for breach, not consideration and yet the charge isn't a GPEOL so it's a penalty = unrecoverable.

EnigmaPart1

Athena always withdraw from gpeol stuff at popla

almep13

EnigmaPart1, Coupon-mad and The Slithy Tove,

thank you for your comments and suggestions.

On the point Coupon-mad raised regarding "locus standi", Athena has not provided a contract rather than an extract. However, even that contract does not mention the store in question.

When you say "...include it in your rebuttal...", what does that mean? Do I add more arguments to my appeal to POPLA, which I have already submitted? Or do I do that by attending the hearing, although I am not sure that's feasible as no exact date has been given as when the decision will be made, as it says that it will take place on or after the 27 Oct?

Most of the points I have included to my appeal to POPLA are similar to the case provided by The Slithy Tove in the link in comments below.

Almep13

Coupon-mad

Do I have to attend the hearing?

There is no hearing - just a decision on paper from POPLA, emailed to you shortly. But yes, people here rebut such evidence by emailing POPLA to get the final word to make sure they don't make an error! I would email POPLA to point out that the witness statement doesn't even mention which car park it relates to. Plus anything else you want to rebut.

almep13

Coupon-mad,

Thank you for explaining to me on how to rebut, as I had no idea whatsoever.

Athena have sent also pictures showing where the signs are located. Their number 1 picture, which it assumes that it is located immediately as one enters the car park, seems like edited picture, as there is no sign there. I went to take pictures of the place before I submitted my appeal to POPLA and there was no signs anywhere near the entrance let alone where they claim.

Almep13

Coupon-mad

Wow - can you show that lie clearly to POPLA with your own pics and spell it out? That's serious and also needs a complaint email to the BPA about this behaviour by their AOS member.

almep13

Coupon-mad wrote: »

Wow - can you show that lie clearly to POPLA with your own pics and spell it out? That's serious and also needs a complaint email to the BPA about this behaviour by their AOS member.

Coupon-mad,

Misrepresentation of the evidence trying to mislead the adjudicator was my first point of the rebuttals. I'll e-mail BPA too as soon as I hear the outcome.

Thank you for your help.

Almep13

almep13

Dear All,

I just wanted to share the good news that my appeal was allowed :T.

The adjudicator allowed my appeal on the basis that Athena ANPR Ltd does not have authority to issue PCNs, because the extract from the so called Athena's contract with Lidl does not expressly state over which sites Athena has authority.

The other points were not taken into consideration. Shame, especially as Athena had misrepresented its evidence by showing old pictures of the supposed signs in place at the Lidl store.

Anyway, I will be e-mailing BPA regarding that misrepresentation.

Thank you all for your support and to this valuable forum.

Almep13

Coupon-mad

Well done! And glad you are also reporting this to the BPA.