Parking ticket from ANPR / Lidl

Elhadji

Hi to you all, I went to Lidl in my area but forgot to scan my receipt and went for the car. Now got ticket/ fine. My partner sent me an email couple of days back and let me know but it has since spoilt my holidays Now I just got back from holidays and trying to get help to appeal this silly fine. 

I am a regular and have visited their stores in my area 3 time during the 15 days.
your help & guidance in getting this process going will be much appreciated
by the way I am new to forum

Redx

Complain to the Lidl ceo first , try for a cancellation

As for appealing , it's covered in the newbies FAQ sticky thread near the top of the forum

D_P_Dance

It is not a fine, it is an invoice from an ex clamper claiming monetary compensation for the damage they claim they suffered when you did what you did, we call it a scam.

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.

John464

D_P_Dance said:

It is not a fine, it is an invoice from an ex clamper claiming monetary compensation for the damage they claim they suffered when you did what you did, 

.

Thats debatable isn't it?
Parking Eye vs Beavis established it can be more than the compensation for damage eg lost parking revenue
So it could be called a financial penalty, which is a fine
 

John464

Elhadji said:

Hi to you all, I went to Lidl in my area but forgot to scan my receipt and went for the car. Now got ticket/ fine. My partner sent me an email couple of days back and let me know but it has since spoilt my holidays Now I just got back from holidays and trying to get help to appeal this silly fine. 

I am a regular and have visited their stores in my area 3 time during the 15 days.
your help & guidance in getting this process going will be much appreciated
by the way I am new to forum

Can I ask how many days after the parking did the notice arrive in the post?

Elhadji

I visited the local store on 13 February 2020
i travelled abroad on the 17th feb and the 20th of February my wife received the post and emailed to me. I got back from my holidays this evening and straight on it 

Elhadji

Redx said:

Complain to the Lidl ceo first , try for a cancellation

As for appealing , it's covered in the newbies FAQ sticky thread near the top of the forum

Redx said:

Complain to the Lidl ceo first , try for a cancellation

As for appealing , it's covered in the newbies FAQ sticky thread near the top of the forum

Elhadji

Any email address for this Lidl CEO to post my complaint letter? 

Regards

Redx

Posted on this forum numerous times , or look on ceoemail

KeithP

John464 said:

D_P_Dance said:

It is not a fine, it is an invoice from an ex clamper claiming monetary compensation for the damage they claim they suffered when you did what you did, 

Thats debatable isn't it?
Parking Eye vs Beavis established it can be more than the compensation for damage eg lost parking revenue
So it could be called a financial penalty, which is a fine
 

No, it is not debatable.

Fines can only be issued by a Magistrates Court or other competent authority.

A private parking company is neither of those.

In fact both of the industry's trade associations ban the use of the word 'fine'.

Here is Section 14 of the BPA's current Code of Practice:

14 Misrepresentation of authority

14.1 You must give clear information to the public about what parking activities are allowed and what is unauthorised. You must not misrepresent to the public that your parking control and enforcement work is carried out under the statutory powers of the police or any other public authority. You will be breaching the Code if you suggest to the public that you are providing parking enforcement under statutory authority.

14.2 You must not use terms which imply that parking is being managed, controlled and enforced under statutory authority. This includes using terms such as ‘fine’, ‘penalty’ or ‘penalty charge notice’.

14.3 The abbreviation ‘PCN’ is also used to mean a ‘penalty charge notice’ in the regulated environment. Unless you have previously defined a PCN as a ‘parking charge notice’ on your signs and notices, you must avoid using the term ‘PCN’ to avoid confusing drivers about the nature of your parking enforcement.

And from the IPC's Code of Practice:

11. Holding Yourself out as the Authorities

11.1 You must not state or imply you have any government or regulatory powers if this is not the case.

11.2 You must ensure your company stationery and all other forms of correspondence or communication do not describe any charge which may be issued to a driver in terms that imply you have any authority as defined above by use of such words as ‘fine’ or ‘penalty’, nor must the term ‘PCN’ be used unless it has been previously defined as reference to a ‘Parking Charge Notice’.

John464

I realise they can't call it a fine.
English law invariably sides with the landowner (they were the last to outlaw rogue wheelclampers for example) I don't suppose they want to admit that Parking Eye vs Beauvis has given private parking companies the power to fine us.
But just because they can't call it a fine does't mean it isn't a fine.
A fine has been defined as a financial penalty. 
Which, is what this is.
But lets not waste any more time arguing whether you can call it a fine or not.
The guy just wants to know what to do with it.