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LIDL SOUTHAMTON - 84 YEAR OLD DRIVER / NEED TO APPEAL

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Jason.rangou
Jason.rangou Posts: 131 Forumite
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Good morning

My 84 year old autistic father received a PCN from parking eye yesterday for overstaying by 19 minutes, in a LIDL car park, from when he went shopping.

My question is, does the manager of the store have the power to overturn this PCN? I ask because we popped in yesterday and asked to speak to the manager, but he wasn't around, we spoke to a customer service operative and they said, that there's nothing that they can do or the manager can do. Is this correct? If it is not I will pop down again today, if it is, I will start an appeal with Parking Eye.

Many Thanks 

Jason


EDIT 01/03/24 - LIDL REFUSE TO CANCEL THEREFORE, I HAVE TO APPEAL CONT......
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  • Umkomaas
    Umkomaas Posts: 41,363 Forumite
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    Do you know how much your father spent at Lidl that day?  Does he still have his receipt, or cc/bank statement confirming purchases?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Jason.rangou
    Jason.rangou Posts: 131 Forumite
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    Umkomaas said:
    Does he still have his receipt, or cc/bank statement confirming purchases?
    Yes he does. He spent £109. 
  • Umkomaas
    Umkomaas Posts: 41,363 Forumite
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    Umkomaas said:
    Does he still have his receipt, or cc/bank statement confirming purchases?
    Yes he does. He spent £109. 
    The store manager probably does have the ability to instruct PE to cancel, but Lidl seem to now step back from doing that.  You're likely banging your head against a brick wall.  Assuming your father is the car's registered keeper and the NtK is addressed to him, your father (not you) must send PE the initial appeal template (the one in blue text in the NEWBIES FAQ Announcement, first post) adding that his age (84) makes shopping a much slower process than for a younger person. Spending £109 at Lidl can be an even slower process.  Attached is a receipt proving patronage on the day in question. 

    I'm sure PE will cancel, they appear to have a (hidden) minimum spend amount of ~£30. For spends above that, they are known to cancel PCNs. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Jason.rangou
    Jason.rangou Posts: 131 Forumite
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    Ok I will try this. Thanks 
  • Half_way
    Half_way Posts: 7,054 Forumite
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    There is no authority, the principal is jointly liable for the actions of its agents, in this case parking eye.
    If lidl say jump, then parking eye should say how high.

    Lidls dismissive nothing they can do response should result in a further complaint as well as a full apology and recompense for this, as it could be an equaulity act breach 
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Jason.rangou
    Jason.rangou Posts: 131 Forumite
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    edited 1 March at 9:10PM
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    Update: 1st March 2024 

    I finally managed to get through to Lidl today, after a rigmorol with their chat responses. I explained the entire situation to them ie my autistic father who is 84 years old, drives to Lidl and shuffles around the shop talking to people whilst doing his shopping but they couldn't care less. Honestly, I was really shocked by this. There was literally no compassion at all. Terrible. Now he is saying he doesn't want to go LIDL anymore. 

    Now its time to go ahead with the appeal.

    I will be using the template below:


    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.

    In addition to the above I wish to point out that the driver is 84 years old and is autistic, because of this, it takes time for the driver to do his shopping, as he likes to take his time looking at things and speaking to people. Due to the fact that the driver has learning difficulties,the keeper is asking for an adjustment and cancellation due to the fact they have protected characteristics under the Equality Act 2010.

    Is this ok?




  • Coupon-mad
    Coupon-mad Posts: 131,806 Forumite
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    Don't use a template.

    Just get him to admit to driving and not try to talk about himself in the 3rd person.

    State the info about his age and medical conditions and state that he needs more time when shopping at Lidl but there's no mechanism offered to claim longer under the Equality Act 2010, which is illegal.  If he has a Blue Badge attach a pic of that & the receipt.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Haylbo
    Haylbo Posts: 2 Newbie
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    I honestly wouldn't waste your time. Pay it while you still have the reduced rate (if they offered it)

    I used the Lidl charge station to charge my car and didn't realise that i still had to stay no longer than the 3 hours (this was in Scotland).

    Not only did the charger not work, it charged me and then I also got a fine for being 5 minutes over!

    They weren't interested at all.

    Just pay it, not worth the hassle
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