Parking fine @ a supermarket carpark - enforceable?

Parking fine @ a supermarket carpark - enforceable?

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Discussion

Martyn76

Original Poster:

633 posts

117 months

Monday 23rd January 2017
quotequote all
Hi all,

Looking for some advice and knowledge.

About a week ago my parents went to a local Lidl to buy a specific item, it wasn't in stock so they bought some general items paid and left, move forward a few days and my father receives a letter saying he has to pay £90 (reduced to £45 for quick payment)through the post, on this letter is a photo his car going into the car park and another driving out, both time stamped showing a lapsed time of approx 30 mins.

The letter (charge notice I think they titled it) is from a private firm called Athena ANPR who operate for Lidl at various Lidl car parks around the country, apparently what you had to do it scan your receipt at a "machine" in the car park to qualify your visit, my parents didn't know anything about this, they weren't informed at the till so didn't know to scan the receipt, at this point in time I don't know what the signage is like and they no longer have the receipt from the visit plus they paid cash so no debit\credit card proof.

The notice says if they do not pay it will be passed onto debt collection agencies and the small claims court, I think this firm are complete pirates and they shouldn't pay but it's not me who has the notice.

Where do my folks stand legally?

Thanks in Advance





numtumfutunch

4,728 posts

138 months

Monday 23rd January 2017
quotequote all

The signage will be all important

Got a pic?

covboy

2,576 posts

174 months

Monday 23rd January 2017
quotequote all
Martyn76 said:
Hi all,

Looking for some advice and knowledge.

About a week ago my parents went to a local Lidl to buy a specific item, it wasn't in stock so they bought some general items paid and left, move forward a few days and my father receives a letter saying he has to pay £90 (reduced to £45 for quick payment)through the post, on this letter is a photo his car going into the car park and another driving out, both time stamped showing a lapsed time of approx 30 mins.

The letter (charge notice I think they titled it) is from a private firm called Athena ANPR who operate for Lidl at various Lidl car parks around the country, apparently what you had to do it scan your receipt at a "machine" in the car park to qualify your visit, my parents didn't know anything about this, they weren't informed at the till so didn't know to scan the receipt, at this point in time I don't know what the signage is like and they no longer have the receipt from the visit plus they paid cash so no debit\credit card proof.

The notice says if they do not pay it will be passed onto debt collection agencies and the small claims court, I think this firm are complete pirates and they shouldn't pay but it's not me who has the notice.

Where do my folks stand legally?

Thanks in Advance
Another one for Pepipoo

anonymous-user

54 months

Monday 23rd January 2017
quotequote all
i would go into the store and speak with the store manager or ring them up.

hotchy

4,473 posts

126 months

Monday 23rd January 2017
quotequote all
Scotland may be different, but I ignored mine. Once they got me on the phone, I told them to take me to court or stop harrasing me. Never heard anything since.

This was years ago now, things may have changed but I always understood they cant get you (in Scotland anyway)

Cant see them taking you to court for that little.

Although phone lidl. My gf parents did and got the ticket cancelled.

ChrisnChris

1,423 posts

222 months

Monday 23rd January 2017
quotequote all
If they still have their store receipt, copy it & send it, with a covering letter, to ANPR, the ticket will be cancelled.
If they don't have the receipt, get a copy of the bank statement with the payment details on, assuming they didn't pay with cash. Copy this, blocking out any sensitive details, of course, and send this to ANPR, the ticket will be cancelled.
This is from my experience a year or so ago, it might have changed.

PurpleMoonlight

22,362 posts

157 months

Monday 23rd January 2017
quotequote all
That's a crazy system.

What happens if you visit for one item and it's out of stock?

Red Devil

13,060 posts

208 months

Monday 23rd January 2017
quotequote all
Unusual for Lidl not to offer at least some period of free parking. Where was the store location?
We might might be able to see if Street View shows any visible signage.

ChrisnChris said:
If they still have their store receipt, copy it & send it, with a covering letter, to ANPR, the ticket will be cancelled.
We're still on page 1 (with a mere 5 prior posts), yet someone hasn't read the very first one...

ChrisnChris said:
If they don't have the receipt, get a copy of the bank statement with the payment details on, assuming they didn't pay with cash.
x 2. rolleyes

PurpleMoonlight said:
That's a crazy system.

What happens if you visit for one item and it's out of stock?
PPCs don't care how ridiculous/flawed their systems provided they are good at generating revenue.

http://www.dearcustomerrelations.com/2016/04/lidl-... - wink

S11Steve

6,374 posts

184 months

Monday 23rd January 2017
quotequote all
Athena ANPR - I have regular fun with them and their non-compliant Notice to Keepers. I taunt them to take me to court, but I have heard a strong rumour that part of their Lidl contract is not to enforce these via the court process.

Your first stop should be the Lidl store itself, they may ask for a proof of purchase at the time, but given how quick they sell out of items in their Aisle of Unnecessary Expenditure, it's not uncommon for people to go in for a cheap chainsaw only to find they have sold out.

If Lidl can't or won't help and their facebook team just refer you back to the store (so don't think that public shaming will work!) then a basic appeal to Athena will suffice for now.

Dear Athena,

I write as keeper of the vehicle, and can confirm that the driver did visit Lidl, however they did not have the item in stock.
It is noted that your letter is insufficient to hold the keeper liable under the conditions set out in POFA 2012, and that I, as keeper, am under no obligation to name the driver.

I therefore request that the charge is cancelled.

Love and Kisses

Martyn (with a Y)


This will be rejected though, so be prepared for a barrage of letters from Debt Recovery Plus which are excellent fire lighters.

ChrisnChris

1,423 posts

222 months

Monday 23rd January 2017
quotequote all
Red Devil said:
We're still on page 1 (with a mere 5 prior posts), yet someone hasn't read the very first one...
How the hell did I miss all that.......biggrindrinkwobble......and I'm stone cold soberbiggrin

Who me ?

7,455 posts

212 months

Monday 23rd January 2017
quotequote all
The Spruce goose said:
i would go into the store and speak with the store manager or ring them up.
Failing that, a letter to a local paper advising shoppers of the system used in that store and in your opinion it's set up to confuse shoppers and make money. Someone local spent over 2 hours in Asda, shopping in there and other stores + using the cafe . They got a ticket, wrote to paper and Asda invited them in, and ticket was cancelled on spot.

Red Devil

13,060 posts

208 months

Monday 23rd January 2017
quotequote all
ChrisnChris said:
Red Devil said:
We're still on page 1 (with a mere 5 prior posts), yet someone hasn't read the very first one...
How the hell did I miss all that.......biggrindrinkwobble......and I'm stone cold soberbiggrin

Chrisgr31

13,483 posts

255 months

Monday 23rd January 2017
quotequote all
[quote=Who me ?]

Failing that, a letter to a local paper advising shoppers of the system used in that store and in your opinion it's set up to confuse shoppers and make money. Someone local spent over 2 hours in Asda, shopping in there and other stores + using the cafe . They got a ticket, wrote to paper and Asda invited them in, and ticket was cancelled on spot.

[/quote]

Our local Lidl has it and there was an article in the local newspaper warning us it was coming. Not only that but is is supported by most people.

It was introduced because there is a doctors surgery and Wetherspons nearby with insufficient parking. It was virtually impossible to get a parking space in the Lidl car park and you would then go inside and find the store virtually empty.

Since the system was introduced it is suddenly easy to get a parking space and makes shopping at Lidl far easier. At our store the assistants ask every customer if they have parked in the car park and advise of the need to scan the receipt and enter ones reg number. If you go in and they dont have what you want they will also override the system for you.

As we found at our store these systems are generally introduced because selfish people park where they shouldn't. If they didnt the system wouldnt be introduced in the first place.

surveyor_101

5,069 posts

179 months

Monday 23rd January 2017
quotequote all
yet to find a lidil that doesn't allow you 90 mins as a minimum sounds fishy 30 mins.

Dont pay write to them and contact lidil to complain.

Red Devil

13,060 posts

208 months

Monday 23rd January 2017
quotequote all
Chrisgr31 said:
Our local Lidl has it and there was an article in the local newspaper warning us it was coming. Not only that but is is supported by most people.
This one? - http://crowboroughlife.com/crowborough-lidls-car-p...
There is no mention whatsoever on the sign shown in the article of having to register inside the store.
Therefore if that is the signage at that location, registration is not a term of the purported contract formed by it.
The registration point inside even states that the full T&Cs are those dsiplayed on the signs outside!
Athena ANPR have shot themselves in the foot.

princeperch

7,930 posts

247 months

Monday 23rd January 2017
quotequote all
Lidl will sort this out for them if they were genuine customers.

I got a ticket in the morrisons in Stratford, sent them a copy of the receipt for the 79 quid I'd spent in there and they bent over backwards to sort it out for me. That was parking eye too who are s.

Red Devil

13,060 posts

208 months

Monday 23rd January 2017
quotequote all
princeperch said:
Lidl will sort this out for them if they were genuine customers.
Indeed but with no receipt kept and payment in cash they are totally reliant on the goodwill of the Lidl store manager/customer service.
That's why I always pay by card in any store at a retail park which contracts with a PPC.
At least I then have some form of secondary audit trail even if I have ditched the store recepit.

I have more than enough bits of paper on my desk without hoarding supermarket ones.
It's not like I need to retain them for 6 months in case the goods are faulty!


spikyone

1,459 posts

100 months

Tuesday 24th January 2017
quotequote all
surveyor_101 said:
yet to find a lidil that doesn't allow you 90 mins as a minimum sounds fishy 30 mins.

Dont pay write to them and contact lidil to complain.
From the OP, 90 mins was allowed, but only if you scanned your receipt. Anyone not scanning their receipt got a ticket regardless of how long they'd stayed.

No point writing to Athena to complain - private parking co's don't listen to reason. S11Steve's advice is the best route to killing this one.

bad company

18,601 posts

266 months

Tuesday 24th January 2017
quotequote all
I had a similar situation with my mother getting a 'ticket' in the Aldi car park. A quick call to Aldi HQ sorted it out. I would have thought that Lidl would be similar.

S11Steve

6,374 posts

184 months

Tuesday 24th January 2017
quotequote all
surveyor_101 said:
yet to find a lidil that doesn't allow you 90 mins as a minimum sounds fishy 30 mins.

Dont pay write to them and contact lidil to complain.
If 30 minutes sounds fishy, then Lidl Walthamstow parking is a whole trawler of fish which allows a hugely generous ten minutes - http://www.thisismoney.co.uk/money/cars/article-27...