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I have received a notice from Athena ANPR Ltd., PO Box 306, Chertsey, KT16 6ED, issued 12/01/11 for a "reduced charge" of £45.00 if I pay by within two weeks [otherwise £90.00] for an overstay of 13 minutes, 13 seconds, in excess of the allowed stay of 90 minutes in Lidl car park in Ashford Kent.
There are warning notices displayed, the car park was little more than half full, I miscalculated my time. I calculate that an excess stay of 22 and a half hours is possible in a 24 hour period working out at approx. £1 for every 15 minutes, would it be in order for me to send a £10.00 compensation payment "in reasonable full and final settlement for a minor breach of contract" ? If you think this is acceptable, would I need to add anything more to the letter, other than an apology?
The notice also states "Failure to pay the Parking Charge within the time period described may result in Athena ANPR transferring your case to a debt collection company where additional costs could be incurred". Would an action such as described above, or indeed County Court action have a detrimental effect on any other applications in every day life, such as applying for a credit card or insurance [home/car] for instance?
There are warning notices displayed, the car park was little more than half full, I miscalculated my time. I calculate that an excess stay of 22 and a half hours is possible in a 24 hour period working out at approx. £1 for every 15 minutes, would it be in order for me to send a £10.00 compensation payment "in reasonable full and final settlement for a minor breach of contract" ? If you think this is acceptable, would I need to add anything more to the letter, other than an apology?
The notice also states "Failure to pay the Parking Charge within the time period described may result in Athena ANPR transferring your case to a debt collection company where additional costs could be incurred". Would an action such as described above, or indeed County Court action have a detrimental effect on any other applications in every day life, such as applying for a credit card or insurance [home/car] for instance?
Asked on 21 January 2010 by PS, Ashford
Answered by
Honest John
If you parked in a privately owned carpark, then parking there was by contract with the owner of the carpark and all you have done by overstaying is breach the terms of that contract. But for you to be held to have breached then, they must have been clearly displayed. £45 is not actually “unreasonable”, if you were using the carpark to shop elsewhere other than Lidl.
If you were shopping at Lidl the whole time, then it is “unreasonable”, so what I would do is send them a cheque for £10 "in full and final settlement for my minor breach of contract". And if they feel this is insufficient, invite them to sue you for any greater amount using the small claims track of your local county court.
Tell them that the threat they made is illegal under the Protection from Harassment Act 1997 and is also fraudulent because bailiffs cannot be legally employed unless a court order is obtained against you, and you will defend any attempt at any such court order.
More here: www.honestjohn.co.uk/faq/parking fines
If you were shopping at Lidl the whole time, then it is “unreasonable”, so what I would do is send them a cheque for £10 "in full and final settlement for my minor breach of contract". And if they feel this is insufficient, invite them to sue you for any greater amount using the small claims track of your local county court.
Tell them that the threat they made is illegal under the Protection from Harassment Act 1997 and is also fraudulent because bailiffs cannot be legally employed unless a court order is obtained against you, and you will defend any attempt at any such court order.
More here: www.honestjohn.co.uk/faq/parking fines
Tags:
parking fines
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