Could someone review my understanding of what I need to do to fight Athena/Lidl PCN?

lucas_buck

Hi all,
I've received a PCN from Athena APNR LTD saying I overstayed at my local lidl car park and the date for payment at half price finishes today, ie 14 days.

I have done my research on the forum, and searched and read quite a few threads and links provided. However there is so much on the forums written about this that I just wanted to see if I have understood the general actions I should follow.

I would appreciate it if someone can have a quick read and give me some feedback about whether I'm planning to do things the right way. Any feedback would be welcome

1-- I will email the Athena appeals email address with the following email. Note, I do not have any evidence of having bought something there as I paid by cash and did not keep the receipt for some groceries:

Date

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that the signs were not seen/are ambiguous and the terms unclear to drivers before they park.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.


Yours faithfully,


2-- Then I sit back and wait for either:

i) A reply saying they will cancel the ticket

ii) Get letters from Debt Recovery companies - if I get these, I keep ignoring them until eventually they will stop?

3-- Happy ending? :-)

4-- I'm a bit confused, most of the threads/posts say that IPC members like Athena have their own AOS (not very independent) but I've seen one or two which say that I should get a POPLA referral number. Is this correct? Have they changed form the BPA to the IPC recently?

5-- I did not see any mention regarding credit histories. Am I right in assuming that if I decide not to pay and ignore all the debt recovery letters that may arrive, it has NO IMPACT on my credit history? Obviously, I don't want this being affected in any way...

Thanks in advance for your feedback.

Guys_Dad

How long did you park and what is the allowed free parking time?

Is it a 10 minutes if you don't buy and 30 minutes if you do?

lucas_buck

It was 90 minutes free and I overstayed by 15 mins. I bought some stuff but as it was only groceries, did not bother keeping the receipt...

Guys_Dad

Have a look at post 37 here https://forums.moneysavingexpert.com/discussion/5356210

Edna_Basher

Athena have recently defected from the BPA to the IPC. Unfortunately, this means that when they reject your appeal, they will offer you the option of escalating your appeal to the IAS kangaroo court rather than POPLA.

Given that this is your local Lidl, you could return to check the car park signs to see if they still show the BPA accredited operator sign rather than one for the IPC. If that were the case, the terms of any "contract" that Athena may have formed with the driver would include a promise to provide POPLA as the means of Alternative Dispute Resolution rather than the IAS (a promise that Athena would be unable to fulfil).

Guys_Dad

Edna_Basher wrote: »

Athena have recently defected from the BPA to the IPC. Unfortunately, this means that when they reject your appeal, they will offer you the option of escalating your appeal to the IAS kangaroo court rather than POPLA.

Given that this is your local Lidl, you could return to check the car park signs to see if they still show the BPA accredited operator sign rather than one for the IPC. If that were the case, the terms of any "contract" that Athena may have formed with the driver would include a promise to provide POPLA as the means of Alternative Dispute Resolution rather than the IAS (a promise that Athena would be unable to fulfil).

So you need to demand to see the contract then and say that you will re-affirm that point if they take you to court.

Umkomaas

Here's a corker of an email sent to Lidl's MD. He responded with a cancellation within a few minutes. Getting the retailer to cancel the charge is the surest way to kill it. Try sending your own version of this - please don't copy it word-for-word as it will too quickly become a 'template' and it will soon be ignored.

https://forums.moneysavingexpert.com/discussion/comment/69494947#Comment_69494947

lucas_buck

Yes, I saw that letter in a different thread. Thanks for bringing it to my attention.
Is it worth sending the MD a email too (obviously with lots of variations) or should I wait until I get something back from Athena??

Umkomaas

Always tackle the retailer in parallel to appealing to the PPC. A retailer cancellation will put an end to this. Athena won't uphold your appeal unless they have Lidl's boot firmly inserted in their derrière.