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MetRobot
Hi

I have just received a Civil PCN from Athena for spending 1 hour and 50 minutes in Lidl Eastleigh about a week ago, got receipt and everything but as you know, they have a 1 hour and 30 minutes set limit for customers with receipt. No way of extending that time.

I am quite a newbie although I have won against Britannia before and am working on a case against PE in Town Quay but have never appealed against a retail car park before so any help will be highly appreciated.

I have done my research and have read through other cases of Lidl/Athena PCNs and it seems like the ideal way is to e-mail Lidl customer service and the MD of Lidl in the UK at the same time instead of appealing to Athena.

Already spoken to the store manager from Lidl Eastleigh who, of course, quite rudely said he couldn't do anything about it and also mentioned that Lidl cannot cancel the PCN as they have no authority over it. So I will complain about him after I'm done with the PCN.

Anyway, this is what I have come up with so far and I would highly appreciate any input on this.


Dear Sir/Madam,

Following one of my numerous visits to your company, specifically the Lidl in Eastleigh on this occasion, on the ...date..., I have received a PCN (number) as the registered keeper of the vehicle in question with the registration plate (...).

The PCN states a ... time... stay in the car park and an allowance as a customer (with scanned receipt of 1:30:00 maximum without any option to extend the parking time). The time of entrance in the car park was recorded at ...time... . The time of payment on the receipt is ...time....

I must mention I have spoken to the Lidl Eastleigh Store Manager who very promptly told me there is nothing Lidl as a company can do about this and that I am 100% liable to pay the PCN and that I should have known the terms and conditions and time my visit in the store (and possibly rush through and not spend as much money?).
Do your store managers have any responsibilities or authority at all and have no intention to provide any customer service whatsoever?

Is it true that you have no control over the agencies you employ to rip off your customers in car parks? I will answer this for you. Yes, of course you do, and as the landowner you are jointly liable due to the fact you should have a contract with the PPC agent to cancel a PCN and in your contract you should have a get out clause that allows the landowner to cancel charges, which I may require a copy of this should it go to court, for the judge to read. But why would you bother when you don’t care about your customers?

I would also like to emphasise that at the time one of the occupants who is disabled (...) was fully covered by the Equality Act. 2010.

I honestly find this completely unacceptable and appalling practice. Giving loyal customers only one hour and a half maximum stay and no matter of the circumstances inside the store, no option of extending that time. And then let a PPC like Athena harass genuine customers with obscene fines to pay, only because they had spent nearly 2 hours instead of one hour and a half, buying more products from you so you can make more money. I know where not to do my Christmas shopping next year after spending so much money in your shops in previous years.

Please find attached the receipt from that day, along with other receipts from the same store (without even mentioning how much money I have spent over the years in your stores) and the queues people have to sit in during the weekends in order to be able to pay for what they want to buy.

I expect this PCN to be cancelled immediately. In the case you reject my request, please provide me with the name of the person who will be able to represent you in court when it goes there. I will require their attendance.

PCN: ...
Registration: ...

Yours Faithfully,
Jlc
QUOTE (MetRobot @ Tue, 12 Jun 2018 - 02:59) *
I would also like to emphasise that at the time I was fully covered by the Equality Act. 2010.

You need to expand on this.

The EA requires 'reasonable adjustments' to be made for those with protected characteristics. There are no set rules but generally this would amount to spaces for disabled people and specific signage. Additionally, 'disabled' people may require a longer period of time to shop.

I would note you are revealing the driver.

QUOTE (MetRobot @ Tue, 12 Jun 2018 - 02:59) *
...please provide me with the name of the person who will be able to represent you in court when it goes there. I will require their attendance.

They don't do court so they won't be able to answer that... wink.gif
kommando
JLC +1

Lidl have Athena on a tight leash, most of the invoice goes to Lidl leaving Athena with just enough to cover their costs. The suspicion is that the contract also does not allow Athena to raise claims.

But rewrite with a lot more emphasis on the disabled occupants EA 2010 protected rights.

Not needed in this case but good practice for other PPC's is to rewrite it as coming from the keeper, do not identify the driver and the disabled person was an occupant of the vehicle.
MetRobot
QUOTE (Jlc @ Tue, 12 Jun 2018 - 08:03) *
QUOTE (MetRobot @ Tue, 12 Jun 2018 - 02:59) *
I would also like to emphasise that at the time I was fully covered by the Equality Act. 2010.

You need to expand on this.

The EA requires 'reasonable adjustments' to be made for those with protected characteristics. There are no set rules but generally this would amount to spaces for disabled people and specific signage. Additionally, 'disabled' people may require a longer period of time to shop.

I would note you are revealing the driver.

QUOTE (MetRobot @ Tue, 12 Jun 2018 - 02:59) *
...please provide me with the name of the person who will be able to represent you in court when it goes there. I will require their attendance.

They don't do court so they won't be able to answer that... wink.gif



I will expand on it and rephrase it as it is for an occupant, it's about shopping time..


I imagine they don't do court as it costs a lot, and I only intend to put pressure on them. Do you think I should keep that bit out? or rephrase it?

Thanks
SchoolRunMum
QUOTE
cues
should be
QUOTE
queues
MetRobot
QUOTE (SchoolRunMum @ Tue, 12 Jun 2018 - 15:07) *
QUOTE
cues
should be
QUOTE
queues



Thanks. Didn't even see that.
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