Successful Appeal - Athena PCN Lidl Store Andover

Murielson

Many thanks to all who contribute to this forum with the excellent information and advice. Based on contents, advice and reviewing others experience, I have successfully appealed an Athena PCN for overstaying at Lidl Andover by 17 minutes.

Information below included if it helps others with future appeals.

Email below sent to Athena appeals and cc Lidl customer services as per newbies sticky thread and info in other threads:

Subject: PCN x xxx xxx xxx Issued xx Feb 2017

Athena ANPR Ltd
PO Box 4758
Ascot
SL5 5DJ

Reference: PCN x xxx xxx xxx dated xx Feb 2017

Dear Athena ANPR Ltd,

I am the keeper of the vehicle referred to in the subject PCN and am aware of your purported 'parking charge'. The driver will not be identified. I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company?
2. Is your charge based on damages for breach of contract? Answer yes or no.
3. Please provide photos of the signs that you say were on site and which you contend formed a contract with the driver.
4. Please provide all photographs taken of this vehicle.
5. Please provide proof that the timing of any camera used was synchronised with all other cameras and/or systems & machines.

Do not send debt collector letters and do not add any costs which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data relating to me or this vehicle, whether you have already obtained it or not. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days.

Yours faithfully

(Original signed)


Second email sent to Lidl MD, cc Lidl customer services and Athena appeals:

Mr Haertnagel,

As the Registered Keeper, I have recently received a Parking Charge Notice (PCN), Reference x xxx xxx xxx dated xx Feb 2017 from Athena ANPR Ltd relating to my vehicle. This PCN states that my vehicle exceeded the free parking duration at Lidl Andover by 17 minutes whilst parked on xx Feb 2017.

I can confirm that I was not the driver of the vehicle on this occasion and the driver will not be identified. Various members of my family use this car and park at Lidl regularly and spend large amounts each year in your store. The ability to park easily is one of the reasons we use this and other Lidl stores and if this PCN is not cancelled immediately we will make the decision to shop elsewhere.

Please see below for summary of spending recorded on a single credit card bill from Nov 2016 to Feb 2017 to support the amount we spend in store. This does not include cash and debit card payments made when carrying out shopping as different payment methods are used by various family members.

Trans Date Post Date Description Debits
26/02/2017 27/02/2017 Lidl UK £xx.xx
22/02/2017 23/02/2017 Lidl UK £xx.xx
15/02/2017 16/02/2017 Lidl UK £xx.xx
10/02/2017 13/02/2017 Lidl UK £etc
31/01/2017 01/02/2017 Lidl UK £
25/01/2017 26/01/2017 Lidl UK £

Total £xxx.xx

(Able to include 3 months of Lidl info directly from credit card statement which proved statement regarding regular Lidl user)

Following receipt of the PCN, I have investigated the issue of Athena ANPR Ltd issuing PCNs on behalf of Lidl further and found many complaints recorded on various forums. This includes the Money Saving Expert forum which contains many complaints by legitimate Lidl customers who have also received PCNs similar to myself.

Whilst I regret the driver taking longer in your car park than they should have, I feel that as paying customers we are being punished for taking time shopping and spending money at your store. My family and I are unhappy with this situation and will certainly reconsider visiting your stores in the future if this PCN is not cancelled. A mere 17 minutes over the allocated parking time does not justify the excessive parking charge of £90, £45 if paid within 14 days, which does not allow much time for communication if away from home when PCN is delivered.

I will also be contacting Athena directly, however I would appreciate acknowledgement of receipt of this request and confirmation that you will support a loyal family of Lidl customers by cancelling this PCN.

Confirmation below received from Athena yesterday:

Dear Mr Xxxx,

Thank you for your email in regards to the above parking charge.

We can confirm that the above parking charge has been cancelled and the outstanding balance has now been cleared.
We now consider this case closed.

Kind Regards

Customer Service Team
For and on behalf of Athena ANPR LTD

Thanks again all, much appreciated

Coupon-mad

Great stuff! Please can you confirm the correct email for Mr Haertnagel?

Murielson

christian.haertnagel@lidl.co.uk

Above is correct email address. Belt and braces approach I used was to also include Lidl customer services email below as cc address.

customer.services@lidl.co.uk

Umkomaas

We can confirm that the above parking charge has been cancelled and the outstanding balance has now been cleared.

How presumptuous of them to even consider that there was any 'outstanding balance'.

Cheeky fokkers!