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  • FIRST POST
    • kiwi5678
    • By kiwi5678 7th Jun 18, 3:55 PM
    • 3Posts
    • 5Thanks
    kiwi5678
    Lidl Athena ANPR Ltd PCN
    • #1
    • 7th Jun 18, 3:55 PM
    Lidl Athena ANPR Ltd PCN 7th Jun 18 at 3:55 PM
    Hi All,

    Had a look through the newbies thread - just want to check that doing the right thing before proceeding.

    The keeper received a PCN through the post today from Athena ANPR for "exceeded free parking duration" for 90 or 45 if paid within 14 days. The driver may have exceeded the allowed stay. They have contacted the "keeper" however they have called them "Mr" not "Miss" so don't know if that changes anything.

    Should the keeper go to the "make an appeal" tab on the athena-parking website and type the parking charge notice number and registration in and paste in the below (obviously amending as needed)?
    Dear Sir/Madam,

    Re PCN number:

    I appeal and dispute your purported 'parking charge', as the keeper of the vehicle. I deny any liability.

    There will be no admissions as to who was driving and no assumptions can be drawn, nor was there any agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.

    Should you fail to cancel this PCN, I require the following information with your rejection letter:

    1. Provide all images taken of this vehicle on that day and the signs at the material location and do not withhold any images or data later relied on for POPLA or court.
    2. Explain why you operate in disregard of the GDPR and ICO rules. Nowhere do you inform the public of their right to subject access - why not?

    Firms of your ilk were unanimously criticised in 2018 as operating an 'outrageous scam' (Hansard 2.2.18). The BPA and IPC were heavily criticised too, and both appeals systems were condemned. Hardly surprising for an industry where so-called AOS members admitted to letting victims 'futilely go through the motions' of appeal and saying on camera 'we make it up sometimes' (BBC Watchdog).

    I will be making a formal complaint about your predatory and aggressive conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.

    Formal note:

    Service of any rejection letter/POPLA code and/or any legal documents by email is expressly disallowed. All responses to me from this point forward must be made by the Royal Mail postal service. Regardless of any MCOL online system, in this case, service of any court claim must only be made by first class post to the latest address provided by me.

    Yours faithfully,


    THE NAME AND POSTAL ADDRESS OF THE KEEPER (OR THE HIRER/LESSEE) GOES HERE. THE DRIVER IS NOT IDENTIFIED.
    Should I contact the MD of lidl and if so, what address?
    Do I need to do anything else on top of that?

    Thanks in advance!
    Last edited by kiwi5678; 07-06-2018 at 6:06 PM. Reason: maintain anonymity
Page 1
    • Redx
    • By Redx 7th Jun 18, 3:58 PM
    • 18,406 Posts
    • 23,321 Thanks
    Redx
    • #2
    • 7th Jun 18, 3:58 PM
    • #2
    • 7th Jun 18, 3:58 PM
    edit the last post to remove any hint of who was driving


    the DRIVER drove on the day and may have overstayed


    since then , the KEEPER has received the postal letters


    the KEEPER appeals it as KEEPER using the template letter, to ATHENA
    use whatever method they allow in their postal pcn to appeal it , but carefuly choosing NOT to tick or mention who was driving, never tell anyone this fact

    yes complain to the CEO of the store, by email, to their head office CEO address (search this forum for it , its been mentioned many times)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Quentin
    • By Quentin 7th Jun 18, 4:01 PM
    • 36,233 Posts
    • 20,510 Thanks
    Quentin
    • #3
    • 7th Jun 18, 4:01 PM
    • #3
    • 7th Jun 18, 4:01 PM
    The FAQ does answer your queries:


    Complaining to retailer


    Sending initial appeal


    Also advises you never to reveal the driver (edit your post to remove details of the driver)


    "Looking through" the FAQ is not enough. Study them and reread them till you understand them!
    • The Deep
    • By The Deep 7th Jun 18, 5:04 PM
    • 9,686 Posts
    • 9,519 Thanks
    The Deep
    • #4
    • 7th Jun 18, 5:04 PM
    • #4
    • 7th Jun 18, 5:04 PM
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
    • kiwi5678
    • By kiwi5678 7th Jun 18, 6:07 PM
    • 3 Posts
    • 5 Thanks
    kiwi5678
    • #5
    • 7th Jun 18, 6:07 PM
    • #5
    • 7th Jun 18, 6:07 PM
    edit the last post to remove any hint of who was driving


    the DRIVER drove on the day and may have overstayed


    since then , the KEEPER has received the postal letters


    the KEEPER appeals it as KEEPER using the template letter, to ATHENA
    use whatever method they allow in their postal pcn to appeal it , but carefuly choosing NOT to tick or mention who was driving, never tell anyone this fact

    yes complain to the CEO of the store, by email, to their head office CEO address (search this forum for it , its been mentioned many times)
    Originally posted by Redx

    Thank you for the advice - shall do all that!
    • Coupon-mad
    • By Coupon-mad 8th Jun 18, 1:57 AM
    • 59,410 Posts
    • 72,561 Thanks
    Coupon-mad
    • #6
    • 8th Jun 18, 1:57 AM
    • #6
    • 8th Jun 18, 1:57 AM
    Should the keeper go to the "make an appeal" tab on the athena-parking website and type the parking charge notice number and registration in and paste in the below (obviously amending as needed)?
    Yes but it's NOT the appeal, it's the Hartnaegel* complaint that will actually kill it off. But you will know that when you've looked at the NEWBIES thread more thoroughly and looked at the ''successful complaints'' thread linked there...all is explained in ANY Athena thread you care to read.



    * don't ask please, search & read...
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • kiwi5678
    • By kiwi5678 8th Jun 18, 7:42 PM
    • 3 Posts
    • 5 Thanks
    kiwi5678
    • #7
    • 8th Jun 18, 7:42 PM
    • #7
    • 8th Jun 18, 7:42 PM
    Just to say that Lidl have dropped it for me*** - all within an afternoon!

    Thanks to everyone who helped.

    I wrote this post because even though I have read case after case on this site and the newbies thread like everyone says, I was still confused! I think it's confusing because there are some old posts on here (obviously!), and about a year ago it seems, the way it works has changed i.e. doesn't go to POPLA as Athena are no longer part of BPA. Also the CEO has changed and have found conflicting email addresses!

    Ultimately the newbies thread is the greatest source of information for this.
    But for anyone else that is confused and is in the exact same situation with Athena ANPR Ltd. AND Lidl then:

    1. Send an email to Athena appealing the charge using the template on the newbies thread (stops the clock)
    2. Email CEO of Lidl complaining about the parking firm and harassment, including any receipts of purchase on the day and then any bank statements showing loyalty

    Hopefully then case closed!

    If not persist with emails and come back on here and ask for assistance!

    ***My response from lidl

    Re: Parking Charge

    Thank you for taking the time to contact our CEO. I have been asked to respond to you on his behalf.


    As you are probably aware, Lidl UK GmbH is a national retailer. As such, we have stores in locations with limited parking space and in common with many of our competitors, our store car parks are abused to a significant and detrimental extent. We have therefore judged it necessary to take measures so that our stores parking facilities are available first and foremost to our customers.

    In order to ensure that sufficient parking spaces are available at all times to our customers, Lidl employs third party contractors to monitor and control our car parks. So far, this service has proved reliable and effective in reducing car park abuse and in freeing up spaces for our customers. Should one of your passengers use a blue badge you can send a copy of this to Athena with your car registration number. They will then add this car to a list giving you up to 3 hours parking in this store.

    In light of your comments, on this one occasion, I have contacted the Car Park Management Company and have requested that this charge be cancelled. Please note, your comments regarding our parking restrictions have been noted and passed to the relevant department.

    Thank you again for contacting us.


    Yours sincerely,
    For and on behalf of Lidl UK GmbH***
    • Fruitcake
    • By Fruitcake 8th Jun 18, 8:07 PM
    • 36,979 Posts
    • 83,589 Thanks
    Fruitcake
    • #8
    • 8th Jun 18, 8:07 PM
    • #8
    • 8th Jun 18, 8:07 PM
    Well done.

    Now send an SAR to the scammers and the DVLA as per the SAR thread entitled "June 2018 ..."

    Tell the PPC to delete your data since the landowner has now instructed that the PCN is cancelled.
    Complain to the ICO if they don't respond within a month, or they refuse to comply.

    Also complain to your MP and Sir Greg Knight MP about this unregulated scam that has targeted genuine customers.

    These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

    https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

    ''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

    These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.
    I married my cousin. I had to...
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    • Bezbikinka
    • By Bezbikinka 5th Jul 18, 5:28 PM
    • 4 Posts
    • 0 Thanks
    Bezbikinka
    • #9
    • 5th Jul 18, 5:28 PM
    • #9
    • 5th Jul 18, 5:28 PM
    Hi all
    I am new here, and really confused. I have been through all posts you wrote and still cant see a solution to my problem so i need a little help from you.
    Please first note that english is my second language, so dont be hard on me for mistakes.

    I am not a Lidl shopper to be honest, I've been to Lidl once or twice so i wasnt really familiar with their parking rules. I went last week to Lidl Walthamstow and wait in the parking for an opening to park. I might of been waiting for 10-15 until i park, however Athena claims this still is a parking. I had no idea i have to register a receipt at the till and i wasnt informed by the cashier. I DID NOT see any signs explaining the shoppers what to do and how to register, and since I've never heard of such thing i didnt even crossed my mind. The only signs i have seen are "Customer Parking" and "Free parking for 1.5 hours". However i have a friend taking a pictures of the parking in case I've missed them and wait for her to get back at me. I do not have the receipt as was over a week ago, and also paid cash. What would you advise me to do. And again since english is not my first language how do i formulate my appeal?
    Any help will be much appreciated.
    Thanks
    • Le_Kirk
    • By Le_Kirk 5th Jul 18, 5:36 PM
    • 2,812 Posts
    • 1,704 Thanks
    Le_Kirk
    1. Read the NEWBIE section
    2. Search using LIDL ATHENA as your search terms and change threads to posts.
    3. Start your own thread as you will find advised in the NEWBIES section - IF you cannot find any answers
    4. Go to LIDL and demand firmly that they cancel the charge, given that YOU waited in THEIR car park for a space and THEIR staff did not explain the system and is this really a good way to treat THEIR customers?
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