Athena ANPR PCN Advice

skaif

Good afternoon people,
Thought I would play it safe and ask for help in a new thread. I have read loads of threads and tried to digest as much as I can but before I take action just wanted some warm words of advice!

I received one of the cheap and tacky, fake looking letters from the aforementioned company asking me to pay a ridiculous £90 for overstaying my welcome at Lidl by less than 20 mins!
After some googling and reading up on here, I have literally copied the guidance under the "First Appeal" banner on the newbies thread and have pasted a copy of what I intend to send below. I would just like one of our more experienced members to let me know if this is the right step and its all OK?

I appreciate all the help and advice in advance!!
Thanks -
Proposed letter

Dear Athena ANPR LTD

PCN number XXXXXXXXXX

I have received your parking 'invoice' impersonating a parking ticket. I decline your invitation to pay or name the driver, neither of which are required of me as the keeper of the vehicle. This is my appeal and all liability to your company is denied on the following basis:

A) The amount is neither a genuine tariff/fee for parking, nor is it based upon any genuine pre-estimate of loss to your company or the landowner.
You are not the landowner and do not have the standing to offer contracts to drivers nor to bring a claim in your own right.
C) Your signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract formed. This is a non-negotiated and totally unexpected third party 'charge' foisted upon legitimate motorists who are not your customers and are not parties of equal bargaining power. Therefore ALL terms are required to be so prominent and the risk of a charge so transparent that the information in its entirety must have been seen/accepted by the driver. No reasonable person would have accepted such onerous parking terms and I contend the extortionate charge was not 'drawn to his attention in the most explicit way' (Lord Denning, Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163, Court of Appeal): 'The customer is bound by those terms as long as they are sufficiently brought to his notice beforehand, but not otherwise. In {ticket cases of former times} the issue...was regarded as an offer by the company. That theory was, of course, a fiction. No customer in a thousand ever read the conditions. In order to give sufficient notice, it would need to be printed in red ink with a red hand pointing to it - or something equally startling.'

As you have failed to create any enforceable contract I suggest that you cancel this unjustified 'ticket'. If not, under your Trade Body's current Code of Practice you must issue a rejection letter which, in order to answer my appeal, must include:

1. The legal basis of your charge, which is not clear (i.e. breach, trespass or contractual fee?). As keeper, I cannot be expected to guess the basis of your allegation.
(i) if alleging breach of contract, please supply a breakdown of your alleged 'loss' and state the intention of your enforcement (i.e. deterrent or revenue?).
(ii) if alleging trespass, enclose evidence of the perpetrator, proof of the liquidated damages alleged and the calculation of this sum by the landholder.
(iii) if alleging 'contractual fee' I request a VAT invoice by return and your explanation of how you can allow drivers to park 'in breach' for a fee when your client originally contracted you in order to disallow and deter - not allow and profit from - unauthorised parking. I contend this charge is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014 Appeal). Should you try to rely upon ParkingEye v Beavis & Wardley at independent appeal stage, I will of course point out that it was a flawed decision at small claim level so is not binding, and Mr Beavis is continuing his defence to the Court of Appeal. There is clearly no commercial justification for this punitive charge and no case law to support it.

2. Proof of your locus standi to offer contracts to drivers at this site and to bring a claim in your own right for this particular contravention. If you are not the landowner, I will need to see a copy of your contract, showing the restrictions, the charges, the dates and terms of business including any payments between yourself and your client and the definition of your status as agents or contractors and your assigned rights (if any). Such detail is necessary for me to make an informed decision. Failure to divulge your landowner contract (or heavily redacting it) will be deemed as withholding pertinent information and, of course, I will require it to be shown at independent appeal stage anyway. A witness statement will not suffice, nor a site agreement with a managing agent or other party who is not the landowner.

3. Your explanation of the consideration that you believe flowed from the driver, and from yourselves. Consideration from both sides is required for a contract.

4. A copy of the signage site map and close-up pictures of the signs in situ at the time, taken at a comparable time of day in similar light conditions.

5. The means to make an appeal to POPLA or the IAS. This must not be withheld or delayed, which would be a breach of the Code of Practice.

I will now be complaining to your client about this ridiculous so-called 'parking charge' and about your whole set-up which does nothing to drive up standards in the parking industry, nor pays any regard to your client's purported customer service ethic. This is not an example of parking management, this is a covert practice which, to any reasonable person, might appear to be a business model akin to a protection racket on site. Your clients will be informed of our disgust at your entire business approach and your unwarranted threats. Despite your reliance upon impersonating 'PCNs' I am aware that you are no parking Authority, merely one of many from an industry known to make their profits by farming car parks and routinely emptying the pockets of customers of legitimate businesses. As I am sure you can tell, I am incensed by this harassment.

If you fail to simply cancel the charge or supply the means to independent appeal in your first reply you will also be reported to your applicable ATA and the DVLA. A certificate of posting will be obtained for all written communications for this appeal and complaint and I intend to claim my costs when I prevail.

Yours,

{Registered Owner of Vehicle XXXXXXX}

Coupon-mad

Yep that's the one. POPLA stage next, once you get the rejection letter. Or if you want it cancelled earlier then email Ronny the CEO of Lidl and complain. As is covered in the sticky thread 'Successful Complaints about PPCs' which is among the parking forum stickies collated by Crabman. Includes his email addy.

skaif

Coupon-mad wrote: »

Yep that's the one. POPLA stage next, once you get the rejection letter. Or if you want it cancelled earlier then email Ronny the CEO of Lidl and complain. As is covered in the sticky thread 'Successful Complaints about PPCs' which is among the parking forum stickies collated by Crabman. Includes his email addy.

Excellent, thanks for the advice!

Any idea what I should be emailing this Ronny guy? Same letter or just a rant and a rave asking him to cancel?

EDIT
Never mind, just seen the template!

skaif

Ok so my wording to the Lidl Overlord
This ok?

Dear Sir
I am writing to complain about the use of threatening letters issued by the company that you use to manage the car park at your Lidl XXXXX store. (Athena ANPR Ltd.)
On XXXXXX September 2014 my vehicle was parked outside your store for 1 hour & 18 minutes, according to the letter that I received from them on the XXXXXXXX 2014 I exceeded the maximum time allowed by 18 minutes, the letter I received from them is in the form of an extortionate demand to pay them £90.00.
Although I paid cash in store & do not have the receipt, you will find upon review of your CCTV evidence that I did in fact make a purchase from Lidl xxxxxxxxx on the XXXXXX 2014 & although I did stay in your car park for 18 minutes over the stated maximum time, I am disgusted Lidl feels it is appropriate to employ a parking management company that sends out this type of letter, just to harass and frighten your loyal customers.
I enclose a copy of the letter that I received (Ref: xxxxxxx). I am sure you would agree that sending this type of threatening letter to one of your customers is a totally inappropriate response for an 18 minute overstay in a free car park.
I would therefore appreciate it if you would contact Athena ANPR Ltd to ensure that the invoice is cancelled.

Regards

Name

Coupon-mad

Nope, you've said who was driving, fell at the first hurdle. Get your letter into 'third party' mode (the driver this, the driver that'). Just like in the appeal letter.

skaif

Thanks for all your help!

Got a reply back from Athena - Charge cancelled!! Nice one

appeals<appeals@athena-parking.com>
09:56 (2 hours ago)

to me
Dear Sir/Madam,
Thank you for your email in regards to the above parking charge.
Please be advised your charge has been cancelled.
Regards
Athena ANPR Ltd

Dee140157

Shows what a good complaint can do!

Rags1

Thank you Skaif
I too just got a £90 fine through the post for having parked 15 mins over at Lidl! I cannot even visualise where the parking notice is. I shall have to go back to check, specially as it was already dark when I parked after 4 pm.
I shall copy and paste your letters to both Anthena ltd and Lidl CEO.
I hope I"ll get the same good response..

ianbirty

Hi

I used the amazing letter template above but have had a rejection letter - please can you advise as to how best to go through POPLA?

Thanks

Coupon-mad

You can't because Athena are no longer BPA, they are IPC. Changed in 2015. So there is no further appeal, you can ignore the idiots (come back and start a new thread if they ever try a small claim but they are not known for it). Normally you will just get debt collector letters (laughable drivel).

Try a complaint to Lidl Head Office. Most can be cancelled that way if this was at Lidl.

If not, ignore and just collector the daft letters and read threads already here about them.

Quentin

ianbirty wrote: »

Hi

I used the amazing letter template above but have had a rejection letter - please can you advise as to how best to go through POPLA?

Thanks

You need to start your own thread, don't hi jack someone else's

(And if your user name contains your real name then get it changed by mse as the parking companies monitor this forum and could use your posts against you.)