Athena ANPR Ltd and KFC advice required

Redx

Ask KFC if it's not them, ask the local council who pays the non domestic rates , pay the land Registry a small fee

Athena have to prove their case in law , no case and they lose , all you do is querying the land ownership and contract etc

Complaining about the possible £100 or less charge is dead in the water , no chance of winning that argument
If you fail to pay your fare on Metrolink , it's a £100 penalty , a lot of similar examples in other cases like buses
So forget about the disproportionate amounts being charged , the signs and PCN set that default tariff

The signs won't be as good as the Beavis one , trust us , it's poor signage , it almost always is

POFA is the law , Google it , plus the newbies FAQ sticky thread explains the relevant parts, so you missed it

CRA is the law , Google that as well , plus acronyms are in the newbies FAQ sticky thread so you missed sections out

The landowner or retailer cancellation is your best option , like with Lidl , but you need to can the defeatist attitude , if we all didn't do something on fear of failure we would all stay in bed and rot

Regardless if if it works or not , the retailer or landowner complaint is still the best option , but you need to write the complaint and email it, put some effort in , in my day we were taught to write letters at primary school

Send to Laura Bowyer care of https://!!!!!!/s.php?id=c-8915&c=Kfc

Umkomaas

POFA - other than not being 100% sure on; 

"Has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges" it looks like all requirements have been met under that Act.

That's anything but related to PoFA compliance. The driver is always liable, PoFA is about the 'keeper'. What does it say in that regard?  Post up a redacted scan of the NtK so we can see.

Forty45

Umkomaas said:

POFA - other than not being 100% sure on; 

"Has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges" it looks like all requirements have been met under that Act.

That's anything but related to PoFA compliance. The driver is always liable, PoFA is about the 'keeper'. What does it say in that regard?  Post up a redacted scan of the NtK so we can see.

Okay, won't be able to scan that until tomorrow.

Fruitcake

When you complain to the KFC manager/CEO, point out that it has put you and your friends and family from ever going back. If they can't or won't help then leave negative feedback on the cafe's website/social media to warn other motorists.

Don't forget to also complain to your MP about this unregulated scam.

Ask the council planning department how long a parking period was originally approved. It is not unheard of for a council to grant planning approval on condition that, say, two hours parking is allowed, but the scammers then unilaterally reduce it so they can scam more people.
While you are at it, ask if planning approval was granted for scameras if used, and if advertising consent for signs was approved. Not having the latter is a criminal offence, but I believe only the council can instigate court proceedings.

If any of the above requirements have been breached then complain to the council and add it in to your KFC and MP complaints.

Forty45

Forty45 said:

Umkomaas said:

POFA - other than not being 100% sure on; 

"Has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges" it looks like all requirements have been met under that Act.

That's anything but related to PoFA compliance. The driver is always liable, PoFA is about the 'keeper'. What does it say in that regard?  Post up a redacted scan of the NtK so we can see.

Okay, won't be able to scan that until tomorrow.

Here is the NtK as requested. Thanks in anticipation.
Am I correct in thinking I should be ;
a) complaining to KFC ( I know this is a franchised operation so KFC may not be interested, but I can complain to the franchise holder) and the Landowner (through the Land Registry by getting the Title Register??)
b) to my MP 
c) asking the council for information suggested by Fruitcake above.
The bit I'm unsure on is do I make no response to Athena and await a further letter, OR do I make an appeal to them now? They use IAS who I have seen described as a "kangaroo court". I'm assuming I need to follow the processes and I don't want to fall down on that while the clock is ticking, but I'm not clear what to to and when. So I'd be grateful for guidance and I'll keep reading the guides here. 

Coupon-mad

Am I correct in thinking I should be ;
a) complaining to KFC ( I know this is a franchised operation so KFC may not be interested, but I can complain to the franchise holder) and the Landowner (through the Land Registry by getting the Title Register??)
b) to my MP 
c) asking the council for information suggested by Fruitcake above.
The bit I'm unsure on is do I make no response to Athena and await a further letter, OR do I make an appeal to them now?

You should also appeal to Athena but that part is pointless, which is why you MUST do a, b, c if you want this cancelled because no other method will work, and a landowner complaint almost always does.

Make yourself an annoying thorn in the retail park agent's side, be a pain, always respond back by email to all 'fob offs', INSIST politely on cancellation by KFC and say how horrified you are to be intimidated and fined as a customer, etc.

Forty45

Coupon-mad said:

Am I correct in thinking I should be ;
a) complaining to KFC ( I know this is a franchised operation so KFC may not be interested, but I can complain to the franchise holder) and the Landowner (through the Land Registry by getting the Title Register??)
b) to my MP 
c) asking the council for information suggested by Fruitcake above.
The bit I'm unsure on is do I make no response to Athena and await a further letter, OR do I make an appeal to them now?

You should also appeal to Athena but that part is pointless, which is why you MUST do a, b, c if you want this cancelled because no other method will work, and a landowner complaint almost always does.

Make yourself an annoying thorn in the retail park agent's side, be a pain, always respond back by email to all 'fob offs', INSIST politely on cancellation by KFC and say how horrified you are to be intimidated and fined as a customer, etc.

OK - is it an appeal to Athena now (within 21 days as they state)?

Umkomaas

Yes, to show that you are following process. Use the template in the NEWBIES FAQ sticky, first post. 

You have scrubbed the dates from your NtK - dates are important in the context of PoFA - please state the date of the parking incident and the 'Date of Sending' (as shown by Athena). 

Coupon-mad

No-one cares about the appeal to Athena!  Please stop thinking about that.  Who cares about 21 days, who cares about appeal, that is not what gets it cancelled so never mind the silly deadlines on the letter.

Forty45

Umkomaas said:

Yes, to show that you are following process. Use the template in the NEWBIES FAQ sticky, first post. 

You have scrubbed the dates from your NtK - dates are important in the context of PoFA - please state the date of the parking incident and the 'Date of Sending' (as shown by Athena). 

Incident was 23 and DoS (Issue date) 25.