ParkingEye - overstaying in LIDL carpark

hullensien

@Le_Kirk

I can only think there is something in here they didn’t like - it’s either the Planning Issue or capturing ANPR before the car-park entrance - everything else is mitigating - a word they don’t understand. Unless they don’t have  contract or it’s expired.

6 attempts at getting LIDL to cancel failed

Dear Sirs

Re: PCN Ref Number ********

I challenge this 'PCN' as keeper of the car as I believe it to have been unfairly issued and I will complain (not appeal) to the landowner about the matter if it is not cancelled.

I draw your attention to the BPA CoP January 2020 section 13.3. This is critical to my appeal as there is “at least” a 10 minutes grace period to be considered.

I would expect there would be some scope to allow for the extended time spent in the store due to the COVID restrictions – availability of trolleys/baskets, cleaning and wiping down, waiting for shelves to be replenished, and social distancing etc. The time stamp on my receipt indicates that I was still in the store at 13.35.49.

Additionally the two photographs of the vehicle show both positions as being on the entrance slip road, not within the car park itself. If the ANPR had been positioned correctly at what can be deemed “the car park” then the time would have been reduced to within the grace period. Should this and any subsequent POPLA appeal be dismissed I would be relying on De Minimis as part of my defence, as according to your images the driver was only 18 seconds into the next (11 minutes) period.

Furthermore, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, so please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This policy is also critical to my appeal.

 

Finally, I have checked the Skegness Town Council Planning Portal and can see no application for your signage, or more importantly your ANPR system – again if this and any subsequent POPLA appeal fail, it will be part of my defence.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Yours faithfully,


Keeper of vehicle

fisherjim

hullensien said:

 

Finally, I have checked the Skegness Town Council Planning Portal and can see no application for your signage, or more importantly your ANPR system – again if this and any subsequent POPLA appeal fail, it will be part of my defence.

I would report this and cause them hassle the way they have hassled you

Coupon-mad

Very good result!

hullensien

@fisherjim

Hassle for who? Although I hate to say it PE have done the right thing, but LIDL hung me out to dry.

Fruitcake

I disagree. PE did not do the right thing. Not having advertising consent is a breach of the PoFA para 12, and is also a criminal offence.
Not having planning permission for pole mounted cameras is not an offence, but it is defrauding the council of monies that could and should be used for the benefit of locals.
ANPR cameras are prohibited by the UK government for monitoring council and local authority car parks because they are not fit for purpose. They do not record parking time for one thing.
A foot patrol could have timed how long the car was parked, not how long it was on site, applied grace periods, and determined that a PCN was not appropriate.

A PCN could and should have been avoided if PE had done the decent thing by paying to obtain the necessary permissions, and adhering to the original parking times granted when planning permission for the site was approved.

As for Lidl, they just didn't care.
If it happened to me I would send them shopping receipts around the end of the year from our household to show how much we have spent in a different store as a result of their behaviour.

hullensien

@Fruitcake
Sorry  - taken out of context - I meant they cancelled with no issue

And yes  - I agree with the rest of your post

Good point about the receipts - I will do that

patient_dream

Great result

What an odd statement by PE ?

Thank you for helping Lidl ensure that every customer has the opportunity to park their vehicle and shop ?

Lidl have no idea the damage that parking companies do to their business

POPLA don't normally go against Parking Eye so their claim must have been rubbish

With the forthcoming independent appeals service, Parking Eye will be treated as the rest of the parking companies

Why would you shop at Lidl ever again ???

fisherjim

Fruitcake said:

I disagree. PE did not do the right thing. Not having advertising consent is a breach of the PoFA para 12, and is also a criminal offence.
Not having planning permission for pole mounted cameras is not an offence, but it is defrauding the council of monies that could and should be used for the benefit of locals.
ANPR cameras are prohibited by the UK government for monitoring council and local authority car parks because they are not fit for purpose. They do not record parking time for one thing.
A foot patrol could have timed how long the car was parked, not how long it was on site, applied grace periods, and determined that a PCN was not appropriate.

A PCN could and should have been avoided if PE had done the decent thing by paying to obtain the necessary permissions, and adhering to the original parking times granted when planning permission for the site was approved.

As for Lidl, they just didn't care.
If it happened to me I would send them shopping receipts around the end of the year from our household to show how much we have spent in a different store as a result of their behaviour.

Exactly my thoughts

hullensien

@patient_dream

It didn’t get as far as POPLA - PE cancelled it - very strange?

D_P_Dance

I would report this and cause them hassle the way they have hassled you

So would I, read this

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/