Athena ANPR Ltd/Lidl

Fawkes

Hello folks, long time no speak  .

A family member received an "Overdue reminder" from the above parking company for £90.  No PCN was received in February on the vehicle and the NTK has arrived through the post in April, so this is the first time they're aware of this.  They've spoken to the store manager who has advised the family member they will contact the right people to have this "fine" cancelled but have to be sure "belt and braces" to make sure this is stopped before it grows arms and legs.

I've read through the forum and I think what I am about to send via email is enough. If anyone can just quickly glance over and read through just to advise if I'm on the right path, it would be appreciated as always.  Athena have dropped the "POFA 2012 act" in their letter.

"Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner."

As the registered keeper of the vehicle, under "Schedule 4 of the Protection of Freedoms Act 2012" a postal PCN must arrive by day 14 if there was no windscreen ticket and therefore the keeper is not liable.

Protection of Freedoms Act 2012

"6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)—

(a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8; or

(b)has given a notice to keeper in accordance with paragraph 9."

"9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended."

Am I right in getting straight to the point with the act or would you advise all the act be placed into the email.

Thanks

Umkomaas

Just do a forum search on 'Christian Haertnagel', (Lidl's CEO) and follow the advice on emailing a complaint to him. It will be cancelled quickly.  Forget all the detailed guff about PoFA in your appeal draft to Lidl. Just use the basics, they're unlikely to read it, and they certainly won't be intimidated or persuaded by any quotation from PoFA. 

But CH is your man. 

Fawkes

Hi Umkomaas

I was thinking more the reply to Athena by email rather than to Lidl (I should have been more clear in the previous post), so both are covered.  
Cheers 

Umkomaas

Follow the method required by Athena in the NtK. Failure to follow that will probably be taken by Athena as a 'fail' and the appeal will be ignored as if not received. But there's nothing to worry in the context of Athena.  Go through the motions of the initial appeal, but your main concentration should be on writing to the CEO (by email). 

D_P_Dance

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

Coupon-mad

No appeal to Athena works.

Complaining to Lidl always works.  Easy!

[Deleted User]

Hi guys, 
Is the CEOs email still the same, only just had a message rejected?
Thanks. 

Le_Kirk

slipd said:

Hi guys, 
Is the CEOs email still the same, only just had a message rejected?
Thanks. 

Did you spell it correctly Christian.Hartnagel@lidl.co.uk

Umkomaas

The 'Haertnagel' email had an 'e' in the name, but checking ceo .com and the only email addy for CH is now dispute.resolution@lidl.co.uk. 

You could head the email 'For the Attention of ....' and see where that takes you. 

Le_Kirk

Yep, I've posted before about using both spellings either Hartnagel or Haertnagel.  Why not send it to both spellings and see what you get back.  christian.haertnagel@lidl.co.uk also comes up if you ask Auntie Google.

[Deleted User]

Thanks guys! I'm helping some friends with a fine, as far as I'm concerned, its an open/shut case... we shall see