ANPR Overstay - LIDL & PE - Genuine Shopper Clause?

ntokmetz

Hello all
I would need your help with something relating to a Private Parking Charge I received from Parking Eye following vehicle overstay at an ANPR controlled car park owned by Lidl.
The driver was genuinely shopping there and has the receipts to prove it but nevertheless did exceed the allowed parking times due to delays in store (very busy) and shopping for two households due to covid isolation issues.
I have been reading and consulting threads, forums and groups and do feel a bit lost as I do not always understand the legal terms used and processes involved.
One thing that has stood out but I am not sure how to find out about it is whether the contract between the landowner and the PPC includes what I have seen referred to as a "hidden" genuine shopper clause. There are signs in the car park stating the contract T&Cs between the PPC and landowner but would that be the full content of the contract?
I have contacted Lidl (local store and customer service) for help either cancelling the ticket or offering contract info but they have just referred me to the parking company and point blank refused to help in any other way.
Therefore I will send my appeal to PE and I was wondering whether I can demand to see the contract for any "discretionary criteria"(?) such as the genuine shopper clause.
Do you know anything about this?
Any help and advice would be greatly appreciated.
Many thanks

KeithP

You need to send the blue text template appeal easily found in the first post of the NEWBIES thread.

Send it unchanged - no additions or alterations needed.

Send it as the keeper.

To find the NEWBIES thread go back to that screen where you found the New Thread button a few minutes ago.
You are looking for a thread on the list of threads found there with the word NEWBIES in capitals in the thread title. It is one of the first five threads on that list. Not difficult to find at all.


At the same time complain to Lidl's Head Office. Again, do this as the keeper of the vehicle.

ntokmetz

Thank you very much.
I did receive the NTK and they state the reason for the penalty plus pics of the parked vehicle. Shall I still send that template unchanged?
Also, after contacting lidl customer service multiple times, I have been getting the same response, that it is out of their hands, they can't do anything. How could I complain effectively to make them listen and feel I have a leg to stand on?

KeithP

ntokmetz said:

Thank you very much.
I did receive the NTK and they state the reason for the penalty plus pics of the parked vehicle. Shall I still send that template unchanged?

Yes.

ntokmetz said:

Also, after contacting lidl customer service multiple times, I have been getting the same response, that it is out of their hands, they can't do anything. How could I complain effectively to make them listen and feel I have a leg to stand on?

Where exactly is this Lidl shop?
On reflection Lidl don't usually employ ParkingEye, so was this part of a larger shopping car park?

ntokmetz

Lidl on Shirley, Southampton
It's a purely Lidl car park managed by PE

Coupon-mad

That's odd.  Lidl use Athena, so we assume the site isn't owned by Lidl.  Are there other car parks adjacent also using PE, maybe contracted by a Managing Agent?


ParkingEye usually cancel when they see a receipt over £30 so don't use the template, just tell them that the driver and occupants of the car were shopping for 2 families and there were delays due to social distancing, including a queue to even get into the store in the first place., Attach a copy of the receipt and they should cancel.

ntokmetz

Coupon-mad, thank you very much! 
The sign mentions that PE are authorised by the landowner to operate the car park, but saying that, the landowner is not mentioned on the sign, I just assumed Lidl were. No other car parks adjacent. When I took it to the local store manager saying that they were the landowner so they should be able to do something about it, he didn't deny Lidl being the landowners, just said there was nothing they could as the car park was managed by PE
The receipts combined are for well over £30. You think I have a chance with PE appeal? I haven't read the most optimistic of reviews about them... That's why I was hoping for a genuine shopper clause, if there was one in their contract

KeithP

This is a very new store. Whilst GoogleStreetView shows the brand new shop on Shirley Road, the view of the car park entrance on Villiers Road just shows a cleared building site.
But looking from Shirley Road, or from above, it does appear that Lidl are the only occupiers.

Coupon-mad

You think I have a chance with PE appeal? I haven't read the most optimistic of reviews about them... That's why I was hoping for a genuine shopper clause, if there was one in their contract

Yes.  That's why I told you what to do and mentioned the £30 sum, which is in their contracts.  I wouldn't have said 'don't use the template' unless there was a reason.

ntokmetz

KeithP, thank you, you are right, no other shops adjacent to the car park

ntokmetz

Coupon-mad said:

You think I have a chance with PE appeal? I haven't read the most optimistic of reviews about them... That's why I was hoping for a genuine shopper clause, if there was one in their contract

Yes.  That's why I told you what to do and mentioned the £30 sum, which is in their contracts.  I wouldn't have said 'don't use the template' unless there was a reason.

Thank you very much!
Sorry, didn't mean any offence or questioning your knowledge; I was just pleasantly surprised by your reply.