athena/lidl ticket no Popla code

A question about : athena/lidl ticket no Popla code

Hi, I got a charge reminder from them, no ticket was ever received. I sent the below letter to them, but just got a reply back which I have copied below:-

I have just received the “Overdue Reminder”, I have not received the original charge notice relating to this.

I challenge this 'PCN' as keeper of the car, on these main grounds:

a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is a disguised penalty and not commercially justified.
b). As keeper I believe that the signs were not seen, the wording is ambiguous and the predominant purpose of your business model is intended to be a deterrent.
c). There is no evidence that you have any proprietary interest in the land.
d). Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations.
e). There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.

The purpose of this communication is:

1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. As such, you must either rely on the POFA 2012 or cancel the charge. I suggest you uphold this challenge now or alternatively, send a rejection letter - subject to accepting my claim for costs as clearly stated below, since you have no case.

2. ''Drop hands'' offer
The extravagant 'parking charge' is baseless but I realise that you may have incurred nominal postage costs. Equally, I have incurred costs to date, for researching the law and responding to your junk mail dressed up to impersonate a parking ticket. It is clear that my costs and yours, at this point, do not exceed Ј15. Therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days without further expense and I will not pursue you for mycosts. If you persist then I will charge in full for my time at Ј18 per hour plus my out-of-pocket expenses and damages for harassment.

3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered by you and certainly was not expressly agreed. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - IAS or POPLA, then the contract ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies. The Consumer Contracts (Information, Cancellation & Additional Payments) Regulations apply now to every consumer contract, save for a few exemptions, which parking contracts are not. It is the will of Parliament following the EU Consumer Rights Directive, that express consent is obtained for consumer contracts now - not implied consent - and that information is provided in a durable medium in advance.

You have failed to meet these requirements. The foisting of unexpected contracts like this on consumers, by stealth, is a thing of the past.

By replying to the challenge you are acknowledging receipt and acceptance of points 2 and 3 above. If you decide to persist with this unwarranted threat, I will be put to unnecessary expense and hours of time in appealing or defending this matter. As such, you will be liable for my costs and a pre-estimate of my loss - and in contrast with yours, mine is genuine - is that this sum will be likely to exceed Ј100.

I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days.

Yours faithfully,

Their reply:-
Parking Charge Ј90.00 Due Date 07/02/15 - Reduced Charge Ј45.00 Due Date 24/01/15
With reference to your correspondence, please be advised of the following:
We are contracted to manage the site at which the alleged parking incident took place by the owner
of the land.
The terms and conditions of the car park are clearly displayed on signs in prominent places.
All written appeals should be submitted within 28 days of delivery of the notice. As you have failed
to do this we are unable to review your appeal.
Your charge remains outstanding and we advise you to contact us and make payment.
You may pay online at www.athena-parking.com, by telephone on 0330 223 1888 / 0330 223 1444,
or by sending a cheque or postal order to the address below

Any ideas what to do next? I phoned Lidl who asked me to send a copy of the reminder and it takes 7-10 days for the outcome.

Thanks.

Best answers:

• Complain to the BPA (addresses in the NEWBIES thread) that Athena are refusing to consider your appeal, even though you appeal based on the first notice you received.
  Copy that complaint to Athena too. Tell them also you have appealed in time, and even if they consider you haven't, the timeline is only a guidance anyway - it's not fixed in law. So they must either:
  Accept your appeal and cancel the PCN
  Reject your appeal and issue a POPLA code
  If they do neither then you'll see them in court, where you will counter-claim for the costs you will have expended in defending their claim, and also for their harassment due to their unreasonable behaviour.
• Ok done that. We will see but they don't seem to want to offer me an appeal.
• they never do, until the BPA get involved
  expect a popla code or cancellation as a goodwill gesture once the BPA investigate
  I am surprised they havent been kicked out of the BPA up to now, it must be close
• Can they be forced to give me a POPLA code?
• Just ignore them now. Expect a series of debt collector letters (see the NEWBIES thread) and then for it all to go away.
  The chances of Athena taking you to court are minuscule.
• Not being funny but I have already been told something that's not turned out to be correct. So is it worth paying one of those organizations mentioned in the newbie thread to defend it?
• I'd ask the BPA why they can't get involved, and then as said ignore them. On the offchance they try to take it to court (it's unlikely) you can then push for independent adjudication via their appeals system (POPLA) and get it defeated there.
• I have done. i mean get someone to defend the fine of Ј90.
• IT'S NOT A FINE!!! How many times does this need to be stated?
  It only needs defending IF they initiate court action. The chances of this happening are minuscule, as I have already stated.
• Dear Sir/Madam,
  Thank you for your email in regards to the above parking charge.
  Please be advised your charge has been cancelled
  Kind Regards
  Athena ANPR Customer Service Team
• finally, a result
  even they called it a parking charge (which is what it was, an INVOICE , not a FINE)