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southlondoner
Good afternoon,

I was sent a 'parking charge' by the above cretins, and took advice to try an email appeal from here, with instructions to them to issue a POPLA code if unsuccessful.

Initial e-mail:

Dear Sir/Madam,

I am writing in regard to an invoice I received regarding an alleged parking contravention at Lidl in Peckham, ticket reference ***********
I wish to appeal this. I did not see the signs, they were not prominently displayed in the section of the car park I parked in, and hence I feel your charge is excessive in relation to the alleged contravention.

Please either cancel the invoice or supply me with a POPLA appeal validation code.

Their reply:

Thank you for your email in regards to the above parking charge.

The car park is on private land and a private landowner is free to impose any terms they wish on the use of their land by others. The terms on which customers are allowed to use the car park are clearly stipulated on the signage and people have the option not to park there if they disagree.

There are a sufficient number of signs in the car park, which clearly state that if you fail to comply with the terms you will be liable to pay a parking charge. When you drove into the car park and parked your vehicle, you agreed to the parking terms detailed on the signage.

In order for us to deal with your appeal we would firstly like to request if you have any proof of shopping for the day or for other dates in the form of a receipt or bank statement.


If you were not shopping in the store on the day or are not a Lidl regular shopper please kindly advise us accordingly so that we can proceed with the review process.

Regards

Athena ANPR Ltd

I reply:

I am a regular Lidl shopper, albeit not in this branch. I do not keep records of this.

My point stands that in the part of the car park I used *adjacent to Burger King* there are NO signs whatsoever.

If this is not a valid argument, please send a POPLA validation code.

Finally, today I receive this:


Dear Sir/Madam,

Thank you for your email in regards to the above parking charge.

The car park is on private land and a private landowner is free to impose any terms they wish on the use of their land by others. The terms on which customers are allowed to use the car park are clearly stipulated on the signage and people have the option not to park there if they disagree.

There are a sufficient number of signs in the car park, which clearly state that if you fail to comply with the terms you will be liable to pay a parking charge. When you drove into the car park and parked your vehicle, you agreed to the parking terms detailed on the signage. Please find attached the location of the signage in the car park.

There is photographic evidence to show that you failed to comply with the parking terms. Therefore we are entitled under those terms to require you to pay the parking charge and to take enforcement action against you if you refuse or fail to pay.

Consequently we regret to advise you that your appeal has been unsuccessful.

You may pay online at www.athena-parking.com, by telephone on 0870 774 4861 / 0844 477 8009, or by sending a cheque or postal order to Athena ANPR Ltd, Po Box 306, Chertsey, KT16 6ED.

Regards

Athena ANPR Ltd


(Sorry for long email trail!!)





So as you can see, despite regular requests by myself, they repeatedly have refused to supply me with a code for a POPLA appeal. Regardless of wether it is relevant in theses cases, the signs were genuinely inadequate in the section of their car park I parked in, and they seem to have little regard for their new procedure!

Any advice welcomed!
emanresu
Well they have 35 days to send the code or your appeal is deemed as being accepted. Wait and then put your points to them then.

QUOTE
22.8 You must acknowledge or reply to the challenge within 14 days of receiving it. If at first you only acknowledge the challenge, or your reply does not fully resolve it,normally we would expect you to seek the additional information you require from the motorist and acceptor reject the challenge in writing not more than 35 days after the information required to resolve it has been received from the motorist. It is acknowledged that in exceptional circumstances, an investigation into challenge may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again panda revised resolution date agreed. We may require you to demonstrate that you are keeping to these times


QUOTE
22.12 If you reject a challenge you must:

• tell the driver how to make an appeal to POPLA. This includes providing a template ‘notice of appeal’ form, ora link to the appropriate web site for lodging an appeal and the 10-digit verification code.

• give the driver a reasonable amount of time to pay the charge before restarting the collection process.We recommend that you allow at least 35 days from the date you rejected the challenge.
Albert Ross
Recently in the news:

http://forums.pepipoo.com/index.php?showtopic=81074

There is a link to facebook in there, have a read of the Aldi ParkingEye must read.
http://forums.pepipoo.com/index.php?showtopic=80341 in the Flame Pit
southlondoner
35 days from when? date of initial appeal or last contact with them? The original appeal was sent on the 7th June, and just got reply saying denied today.

Edit to clarify: 1st appeal sent 7/6 - they replied 10/6 - I had better things to bother my life with so I replied back 7/7 and just got denial today 15/7

Quick edit again - it seems they have breached their COP anyway by sending me an appeal unsuccessful letter without the code attached?
emanresu
QUOTE
Quick edit again - it seems they have breached their COP anyway by sending me an appeal unsuccessful letter without the code attached?


Yes...but back to the BPA Code of Practice.

QUOTE
we would expect you to seek the additional information you require from the motorist and accept or reject the challenge in writing not more than 35 days after the information required to resolve it has been received from the motorist


So they have had the information, have come to a conclusion (reject) and can only send you a POPLA code within the 35 days of the date they informed you of that conclusion.

It's not a letter asking for more information from you. It is a statement. A conclusion - therefore the code.

No need to prompt them or to get involved. It may even be part of one of the new letter chains being developed where a code will mysteriously appear within the 35 days so they can claim you did not go to POPLA.

So sit on your hands and watch for a new letter.

Some of them can be quite devious buggers.


Edit: I should have also added that Lidl can cancel these at any time that they (Lidl) choose. Have you been to Lidl? Its the simplest and easiest way of dealing with these.
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