Overstayed 17 minutes in Lidl car park (ParkingEye).

User2225

I am the keeper of the vehicle, however was not the driver of the car on this day. 

My husband was the driver, & due to his recent medical condition, it took him a few minutes (17 minutes) to get back to the car, as he was feeling faint. I am aware that there is a 10 minute grace period which would mean I have overstayed at total of 7 minutes.  

I have thoroughly read NEWBIE threads, but as it writes on the back of the PCN letter (found in one of the photos attached to this post), it looks as though the charge is FOPA compliant. 

I am not sure on what grounds I should appeal on, as some forums advise the keeper of the vehicle is not liable to identify the driver, but due to the FOPA, I am not certain I can appeal via this route. It seems that the templates I have found on NEWBIE (such as the blue template) do not apply to these types of PCN charges, like mine. 

Due to the limited time remaining for me to submit my appeal to ParkingEye, I would greatly appreciate help & any suggestions regarding how to appeal. 

Thank you so much. 

Fruitcake

Although you have hidden the dates from us, the NTK does look to be PoFA compliant.

Plan A is always a complaint to the landowner and your MP. In your case, you should also complain to the store manager and/or the CEO. Include a copy of your receipt card/bank statement. We know there is a secret spend amount above which a charge will be cancelled with PE if requested, but neither PE nor Lidl will tell anyone what it is. We think it is between £20 and £30 though.

LDast

Do not reveal the driver identity as the NtK is not fully PoFA compliant. PoFA 9(2)(e)(i) requires the notice to "invite" the Keeper to pay the charge. There is no invitation or even a synonym of the word in the current crop of PE NtKs.

Partial or even substantial compliance with PoFA is not sufficient. Probably won't make much difference at POPLA but it certainly would if it ever got as far as a court hearing.

User2225

Fruitcake said:

Although you have hidden the dates from us, the NTK does look to be PoFA compliant.

Plan A is always a complaint to the landowner and your MP. In your case, you should also complain to the store manager and/or the CEO. Include a copy of your receipt card/bank statement. We know there is a secret spend amount above which a charge will be cancelled with PE if requested, but neither PE nor Lidl will tell anyone what it is. We think it is between £20 and £30 though.

Thank you for your help. The date of the event was 22/08/2024, & the date of issue is 26/08/2024. 

Unfortunately, my husband paid in cash & on this occasion kept no receipt, so plan A would not apply. 

User2225

LDast said:

Do not reveal the driver identity as the NtK is not fully PoFA compliant. PoFA 9(2)(e)(i) requires the notice to "invite" the Keeper to pay the charge. There is no invitation or even a synonym of the word in the current crop of PE NtKs.

Partial or even substantial compliance with PoFA is not sufficient. Probably won't make much difference at POPLA but it certainly would if it ever got as far as a court hearing.

Thank you for your message. In that case, would you suggest that I could use the blue template in the NEWBIE thread, or would you suggest an alternative approach?

Apologies, English is not my first language. I would greatly appreciate if you could help me with this. Many thanks. 

Coupon-mad

Yes. But also complain to Lidl.