Athena ANPR

Gemmalouise25

Hello,
We recently got a parking fine from Athena for parking in a Lidl car park (it was late at night so didn't actually think they'd be operating a fines system at this time).
I followed the advise in this forum and appealed requesting a POPLA number, however they declined to give me the POPLA number and said I still had to pay or appeal through the IAS where I need to apply the relevant law as to why I don't think I should pay the fine. 

Please can someone give any advice? I'm not sure on how to progress.

Thanks in advance.

John464

Sorry I don't know, but can I just ask how long it was between your parking and receiving the ticket?

D_P_Dance

And can I ask two questions, was Lidl open at the time, and if not, why did you park there? 

Gemmalouise25

Hello, 
Lidl was open, but we'd popped into a takeaway/restaurant opposite and assumed we'd only be an hour max (car park has an hour and a half limit). It's a busy main road so we parked right at the back of the car park near the entrance which runs along the main road. 
We got the ticket a week after parking there - so fairly quickly 

D_P_Dance

It is not as fine, it is a civil claim for a breach of contract , which, from what you have told us, you may well have been guilty.  Please read the stickies to learn the rules of the game you have now been co-opted into.  

You have two choices, pay it or wait to see if they take you to court, where imo, you may struggle.

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Gemmalouise25

Yeah, we thought we'd be safe as didn't expect to be parked there for as long as we were, but thought given it was 9pm at night they might not be operating the parking rules, also I could barely read the sign as it was so long and wordy!

So is it not worth me following the appeal process they told me to take? Someone once told me not to pay a civil claim and only to pay if it's a council parking fine (not sure if that is correct or not) 

D_P_Dance

 also I could barely read the sign as it was so long and wordy!

Then, if they do take you to court, (they have six years in which to do so),use that as part of your defence,  ParkingEyes have lost two court cases recently because of their poor signage, read this.

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

John464

Gemmalouise25 said:

 Someone once told me not to pay a civil claim and only to pay if it's a council parking fine (not sure if that is correct or not) 

That advice became out of date in 2012 when the government finally outlawed rogue wheelclampers and gave the private parking companies more powers instead.
Thanks for your reply (I'm waiting on whether I am going to receive one of these tickets myself.)
But at least I was using the supermarket.  The reason they let private parking companies in is to stop people using their car park and going somewhere else.  So you have already rubbed them up the wrong way.
Sorry but it seems you would be well advised to pay. 

D_P_Dance

Much as it galls me to say it, I agree with John.

Gemmalouise25

Thanks both, just wondered how to proceed next. Might just pay it to avoid any further drama - I certainly don't want to go to court. Although I am tempted to go try read the signage when I next pass 

D_P_Dance

I am all for fighting this if they are in the wrong, but you did appear to  commit a trespass.