NTK from Athena ANPR Ltd

Grantly

Hello again! I didn't expect to be back so soon. My daughter parked in Lidl for 21 minutes 17 seconds. With the allowed duration of 10 minutes. You are all probably aware that you need to enter the reg in a terminal to give you 1hr 30 minutes parking time. My daughter has proof she shopped in store. She just did not enter her reg number as the cashier said she did not have to as she was only in the store a short time. Think there was a problem with the machine but can't be sure. The issue date was 18th July 2017 and I understand I have as registered keeper I have to respond within 21 days. Should I use the following template? or just appeal based on the comments above?

Thanks Grant

Dear {name of IPC member - only IPC members for this version!!!}

Re PCN number:

I am the keeper of the vehicle 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 and are they the landowner?
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, 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 or timer 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, as seems likely based on my research) 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. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. I do not give you consent to process data relating to me or this vehicle.

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

Yours faithfully,

Redx

yes use that template but also the keeper should email the LIDL CEO and demand a cancellation, this is by far the BEST way to get rid of it , as athena are UNLIKELY to cancel any pcn

read the other LIDL ATHENA threads to see who should be emailed

those cashiers havent got a clue what they are talking about

beamerguy

The problem Lidl has is not knowing how many customers
will no longer spend money with them because they employ
Parking Cowboys

Receipts are required to complain to the MD and demand
cancellation.
One day the penny might drop with Lidl

LIDL UK

Mr Christian Härtnagel Managing Director

Email compliance@lidl.co.uk

Grantly

I have emailed the compliance address today.

Grantly

Hello I have received a letter from Athena ANPR which I don't know how to upload so I will type verbatim.Your guidance is very much appreciated.

We are contracted by the owner of the land, to manage the site at which the parking event occurred and the charge was accrued. The car park is on private land and a private landowner is free to impose any terms they wish on the use of their land by others.
We are a member of the Independent Parking Committee's Accredited Operator Scheme theipc.info and comply with all of our obligations regarding the enforcement of car parking regulations. We have an agreement with the DVLA to process data held by them.
The DVLA will release the name and address of a vehicle keeper to us, because we can demonstrate 'reasonable cause' under the data protection rules as a company enforcing car-parking restrictions on private land to request and process your data.
The terms on which customers are allowed to use the car park are very clearly stipulated on the signage and drivers have the option not to park there if they disagree. There are a sufficient number of signs in the car park, which clearly state that if you fail to comply with the terms you will be liable to pay a parking charge. When you drove into the car park and parked your vehicle, you agreed to the contractual terms detailed on the signage.
Therefore, we are entitled under those terms to require you to pay the parking charge and to then take enforcement action against you if you refuse or fail to pay.
We do not find that your challenge contains substantive reasons to cancel this charge and whilst the terms of use in operation on that site are very clear you have made no effort to indicate any substantive mitigating circumstances. Consequently we regret to advise you that your appeal has been unsuccessful and our appeals process is now exhausted.
You may still pay online at athena-pakring., by telephone on 0330 223 1888 / 0330 223 1444, or by sending a cheque or postal order to the address below. You still have the opportunity at this point to pay the reduced rate.
If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS) who offer an alternative dispute scheme (ADR). In order to appeal you will need to supply the IAS with the parking charge number without the leading zeros and your registration which are shown in the bottom right hand corner of this letter. Appeals must be submitted to the IAS within 21 days of this letter. Please visit theias.org for full details.
The decision made be the IAS will be based on the evidence produced and by applying the relevant law. The most recent legislation concerning private parking is contained in Schedule 4 of the Protection of Freedoms Act 2012 (POFA)
Please think very carefully that you have adequate grounds before submitting an appeal to the IAS. If they reject your appeal you will then have to pay the charge at the full rate.

Yours sincerely

Fruitcake

Have you complained to the CEO yet and told them that the keeper and all family members will become ex customers if this isn't cancelled?

The NEWBIES thread tells you what to do once an IPC member has rejected the initial appeal.

beamerguy

The problem with Athena is that they belong to a scam .... the IPC/IAS

The scam was set up by Gladstones Solicitors and without doubt
is the biggest scam running in the UK

The idea of getting an extra hour by typing in the reg number
in store is c*ap and really shows the contempt Lidl show towards
their customers.

Athena are talking rubbish when they say that if your appeal
fails at the scam IAS that you must pay .... TOTAL RUBBISH
Such appeals are not binding on the motorist, and Athena
already know that the IAS will reject the appeal. That is why
they joined the mega Gladstones/IPC/IAS scam

Lidl can cancel these scam tickets.

HERE IS THE JOKE ABOUT LIDL ON TV

Buy 2 sea bream, courgettes, garlic bread and other goodies
for the same price that Waitrose charge for 2 sea bream ????

You must find the products and stand in a long queue at check
out and you must do this in 10 minutes or our associated scam
parking company will charge you £100 ?????

Many are convinced that Lidl take a big percentage of the charge
to boost their profits and lost leaders

You seem like the type of person who will take Lidl to task.

"If they reject your appeal you will then have to pay the
charge at the full rate"

No have to about it, the parking company employed by Lidl
lie to Lidl customers

Unless Lidl change their ideas they can only be classed
as Rogue Traders.

Grantly

Hello thank you for your further advise. I have emailed the CEO but have not had a response so have called customer services and have emailed again.

So if my appeal to IAS is rejected are you saying i would not be liable to pay the 90.00 but just the 45.00

waamo

Any appeal to the IAS will be rejected, thats is why it isn't generally recommended to appeal to them.

What will happen is that you get a barrage of scary debt collectors letters with the amount ever rising. Debt collectors have no powers other than to send scary letter. Ignore them.

Come back if you get a genuine Letter Before Claim.

Fruitcake

Grantly wrote: »

Hello thank you for your further advise. I have emailed the CEO but have not had a response so have called customer services and have emailed again.

So if my appeal to IAS is rejected are you saying i would not be liable to pay the 90.00 but just the 45.00

If you appeal to the IAS you are going against the majority of advice on this forum.

Have you complained to your MP yet?
Have you left negative feedback on social media?
Have you told your friends and family about the scam and advised them not to shop there again?

beamerguy

Grantly wrote: »

Hello thank you for your further advise. I have emailed the CEO but have not had a response so have called customer services and have emailed again.

So if my appeal to IAS is rejected are you saying i would not be liable to pay the 90.00 but just the 45.00

Then you email the MD again stressing you are a customer
and request it is cancelled and maybe asking why lidl thinks you
should consider spending money with them ???

The IPC that Athena belong to is a financial terrorist shell run
from a PO Box, Knutsford, WA16 1EP

The main hub of this financial terrorist group is Gladstones
solicitors who (from their web site) are at ...
The Stables, 1 Red Cow Yard, Knutsford WA16 6DG
They however run out from ....
THE TERRACE, HIGH LEGH PARK GOLF CLUB, WARRINGTON ROAD, HIGH LEGH, KNUTSFORD, CHESHIRE, WA16 6AA

Make it very clear to the MD that Lidl is supporting a UK
shell of financial terrorists

If your appeal is rejected, and it will be, you pay the full amount
but in reality you do not pay as this terrorist hub is set up only
for the parking companies involved in this hub.

Get this cancelled by lidl and lets see what happens