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Lidl parking disabled
endorfin
post Fri, 12 Jan 2018 - 16:35
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My housemate got a letter from the parking contractors of the Horley branch of Lidl (I won't name them so they can't find themselves in a search - lets call them Anl ANPR)


She parked in a disabled bay, went shopping in Lidl (she has the receipt for it)

This morning letter pops through from Anl ANPR saying she'd stayed for 1 hour and 52 minutes and 32 seconds when the maximum was 1 hour 30 minutes. As she is disabled it takes her far longer to do her shopping.


The other thing is, even though she's the registered keeper of the vehicle, she wasn't actually the driver that day as part of her disability prevented her from driving on the day. Instead a friend (incidentally registered disabled with a blue badge also) did the driving. Whether this matters, or complicates issues I don't know.

So any advice what to do, they seem to have sent it in time etc.





This post has been edited by endorfin: Fri, 12 Jan 2018 - 16:36
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post Fri, 12 Jan 2018 - 16:35
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endorfin
post Fri, 12 Jan 2018 - 17:06
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QUOTE (kommando @ Fri, 12 Jan 2018 - 16:59) *
As you left Athena on the second page we know who you mean.

Complain to the store manager and tell them under the disability act they have to make provision for disabled people including giving them more time. An ANPR system cannot and does not look for blue badges so by engaging an ANPR company they are leaving themselves open to not meeting the acts requirements. Alternatively there is a Lidl head office email address you can use to get it cancelled, use the same argument in the email, they are pretty good at cancelling.



I know I left that there for people to see who the company was, this was my way of preventing the company from getting hits when searching for their name, which they will now as you've mentioned their name in your post.


From experience usually the stores or head office say it's nothing to do with them until you get heavy with them.
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stamfordman
post Fri, 12 Jan 2018 - 17:10
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Surely just a simple overstay. Email customer services/CEO with receipt and PCN number and also say she was disabled. They will cancel.
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Churchmouse
post Fri, 12 Jan 2018 - 17:25
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Perhaps mentioning the name when you went to so much trouble to not do so was a little insensitive, but given that Lidl has just one main parking contractor, it wouldn't have been hard for them to search on "Lidl"...

In any case, Lidl usually cancels these PCNs if approached in the right way. That way is not to complain to the manager, actually, but to contact them via their website. Having proof of being a customer is good, but they also seem to cancel even for people who cannot prove they were customers. But they almost certainly will cancel this PCN, because they cannot justify it and because they won't want to be seen to be treating disabled customers unfairly.

--Churchmouse
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endorfin
post Fri, 12 Jan 2018 - 17:34
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OK thank you for that. I shall do that this evening and hopefully get a response soon.
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endorfin
post Sat, 13 Jan 2018 - 14:18
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Apparently they don't!

She contacted Lidl and got this reply today:



Dear Miss

Re: Parking Charge Notice
Thanks for getting in touch.
Unfortunately, we are unable to make an appeal on your behalf. This is because all appeals need to be placed in writing directly to Athena ANPR by the appellant. Doing so allows you to retain your right to formally appeal any decisions made by Athena ANPR.
Details of the appeals procedure can be found on the reverse of the Parking Charge Notice or on the Athena ANPR website: www.athena-parking.com.
You can process an appeal via the following methods; online (https://www.athena-parking.com/appeals/start.asp), via email (appeals@athena-parking.com) or by post at the below address:
Athena ANPR Ltd
PO Box 4758
Ascot
SL5 5DJ
When raising your appeal please include the following information:
Parking Charge Notice Number
Vehicle Registration Number
To further support your appeal please attach / enclose any of the applicable following documents:
Lidl store receipt or proof of shopping with us
Disabled badge holder evidence
Further documentation which may support your case
Athena will then conduct your appeal and communicate the outcome to you directly in writing.
We hope that your appeal is brought to a speedy conclusion.
Thank you for contacting us
Yours sincerely,
For and on behalf of Lidl UK GmbH


Pamela Waite
Customer Service
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stamfordman
post Sat, 13 Jan 2018 - 14:25
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What did you say to Lidl - it's always worth posting drafts here first. I would be very surprised if Lidl did not tell Athena to cancel based on a short overstay by a disabled shopper.

I would not leave it there but get back to Lidl.
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endorfin
post Sat, 13 Jan 2018 - 15:42
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QUOTE (stamfordman @ Sat, 13 Jan 2018 - 14:25) *
What did you say to Lidl - it's always worth posting drafts here first. I would be very surprised if Lidl did not tell Athena to cancel based on a short overstay by a disabled shopper.

I would not leave it there but get back to Lidl.


"I parked in the car park of your Horley store to do some shopping with a disabled passenger on 6.1.18 - We parked in a disabled bay and displayed a blue badge entitling us to park there.
We frequently shop at Lidl and usually complete our shopping within 90 minutes but on this day my disabled companion needed longer than usual. In addition to this he needed to return an item and the queues were unusually long.
Today I received a letter from Athena ANPR to state that I had overstayed. They based this on their cameras seeing my car enter and leave the car park but this makes no provision for disabled people. I had parked in a disabled bay and displayed a blue badge. Under the Equality Act 2010 where concessions are made for disabled people no time limit must be imposed. This PCN must be cancelled.
I attach my receipt for the shopping of that day and a copy of the blue badge both sides.

I have not provided a telephone number as I am also deaf but you may email me."
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stamfordman
post Sat, 13 Jan 2018 - 16:53
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I would now send this to the CEO's office saying you don't feel this is an appropriate response from customer services. Or call customer services.

Not sure what current CEO's email is but it will be on another Lidl thread.
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Jlc
post Sat, 13 Jan 2018 - 17:04
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QUOTE (endorfin @ Sat, 13 Jan 2018 - 15:42) *
Under the Equality Act 2010 where concessions are made for disabled people no time limit must be imposed.

Where does it say this?

Reasonable adjustments could be argued to require additional time for those with protected characteristics.

Not allowing additional time for disabled shoppers (where the parking time is quite limited) could be considered a breach of the Act - for which Lidl would be liable for the actions of their agents. If Athena did cancel in the circumstances then all will be great but I have a suspicion they'll reject because they can. The IAS won't help either.

But the driver formed the contract and was obliged to leave within the agreed time.

However, they've never been to court for a parking ticket.

This post has been edited by Jlc: Sat, 13 Jan 2018 - 17:05


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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endorfin
post Sat, 13 Jan 2018 - 17:31
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IAS?
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ostell
post Sat, 13 Jan 2018 - 17:36
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IAS = Independent Appeal Service. The equivalent of the POPLA for the IPC but run by the same people that run the IPC and guarantee that the consumer loses.

IPC = International parking Community. The competitors to the British Parking Association.
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Jlc
post Sat, 13 Jan 2018 - 18:00
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QUOTE (endorfin @ Sat, 13 Jan 2018 - 17:31) *
IAS?

It's on your letter... wink.gif


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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endorfin
post Mon, 15 Jan 2018 - 16:42
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Update on this.

Rang Lidl customer services as advised, and spoke to the same person named on the letter above. Explained under the Equality Act that they had to make reasonable adjustment for disabled people and I mentioned that they were responsible for the actions of their agents.
She came back and said that she would instruct Athena to cancel the PCN and would put an extension on the reg number so that parking time is extended to 3 hours.

Also received an email to confirm the same.

Good result. Not sure why she rejected the email at first.
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cabbyman
post Mon, 15 Jan 2018 - 16:51
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Because it was easy!

You then made her life more difficult. It became easier to cancel it before you raised it to a level above her!


--------------------
Cabbyman 8 PPCs 0
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Jlc
post Mon, 15 Jan 2018 - 17:21
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Perfect result!


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Churchmouse
post Tue, 16 Jan 2018 - 00:44
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Yes, I'm glad they have "done the right thing" (eventually).

Over the last couple of years we have seen Lidl becoming decidedly less willing to step in and assist its customers in disputes with Athena. Obviously, Lidl still has the power to direct Athena, which is its agent, but I'm sure one of the reasons they contracted parking enforcement out to Athena in the first place was to avoid having to adjudicate such disputes, so this evolution is not unexpected. However, it was Lidl's error to contract with an IPC company, which is probably why they have so many customer complaints!

--Churchmouse
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Umkomaas
post Tue, 16 Jan 2018 - 09:28
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Good result - eventually. For anyone reading this, researching how to deal with an Athena/Lidl parking charge, if you write to Customer Service - you’ll get the same (rejection) template reply the OP originally received.

Instead, write (email) to the MD - Christian Haertnagel (note spelling)

christian.haertnagel@lidl.co.uk

There are a couple of recent reports on MSE suggesting he no longer responds from that address, but that the following alternative has worked:

compliance@lidl.co.uk - mark it FTAO Christian Haertnagel
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cp8759
post Tue, 16 Jan 2018 - 17:01
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QUOTE (Umkomaas @ Tue, 16 Jan 2018 - 09:28) *
Good result - eventually. For anyone reading this, researching how to deal with an Athena/Lidl parking charge, if you write to Customer Service - you’ll get the same (rejection) template reply the OP originally received.

In fairness, the one and only time I've had to deal with them they cancelled the charge immediately, so I don't think they always reject the first appeal.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
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