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Civil Parking Charge Notice with Athena
Cookham1967
Posts: 3 Newbie
I have just received a Civil Parking Charge Notice from Athena ANPR Ltd for overstaying at the local Lidl free car park. First 90 minutes are free, but their cameras recorded entry and exit images showing duration of stay was 121 minutes. It is highly probable that the car park was used for more than 90 minutes, but I am unhappy with the charge of £90. Reading this forum and others, it could be argued that the charge is not enforceable and that an appeal should be lodged. Therefore I intend appealing the charge by letter with the PPC (who will reject the appeal) and then with POPLA (who may reject the appeal).
My appeal will be based on:
1) The images do not clearly show the driver of the vehicle; please could they provide images that identify the driver so that I can investigate further?
2) There is no evidence that a valid assignment of rights to pursue any alleged debt in the name of Athena exists; please could they provide evidence of the contract between the landlord and Athena where this is specifically agreed?
3) The charge of £90 is not a genuine pre-estimate of losses justifiable caused by any alleged breach of the contract that is supposedly formed by parking and is thus an unlawful penalty charge.
Are there any other points that I need to consider?
I shall keep the forum updated on progress.
My appeal will be based on:
1) The images do not clearly show the driver of the vehicle; please could they provide images that identify the driver so that I can investigate further?
2) There is no evidence that a valid assignment of rights to pursue any alleged debt in the name of Athena exists; please could they provide evidence of the contract between the landlord and Athena where this is specifically agreed?
3) The charge of £90 is not a genuine pre-estimate of losses justifiable caused by any alleged breach of the contract that is supposedly formed by parking and is thus an unlawful penalty charge.
Are there any other points that I need to consider?
I shall keep the forum updated on progress.
0
Comments
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Read and digest the NEWBIE threads and look at the specific threads relating to Athena.
Follow the advice to the letter and you won't pay anything.
Most importantly complain to the store and then the head office. There is plenty of evidence now to show that retailers are getting very scared of losing customers even to other low cost rivals.REVENGE IS A DISH BETTER SERVED COLD0 -
Latest update.
I have emailed the Standard Appeal letter to Athena - I shall also send a copy by post as a backup.
I have also emailed CEO of Lidl to complain about the actions of their agent and request cancellation of the invoice.0 -
Latest Update:
I received an email reply from Lidl Customer Services stating that the 'Parking Charge' would be be cancelled.
I received a letter from Athena ANPR Ltd confirming that the 'Parking Charge Notice' had been cancelled.
It pays to complain to the Landlord0 -
Yes it does, you can now join the ranks in this top sticky thread I am sure you've read already - but for any newbies thinking this is unusual, it's not:
Successful complaints about private parking tickets - how to get them cancelled!
Well done!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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