Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: E017061 on March 27, 2025, 02:43:06 pm
-
Parking Eye will reject your appeal “after careful consideration” which probably means they won’t even read it but at least they will give you a POPLA code.
-
Thanks for the responses so far.
After reading the first reply on this chain, I emailed LIDL and they asked for some more info including the PCN and proof of being a shopper. I sent this through, and now waiting on a response.
I have attached the back of the PCN.
I think I will write to Parkingeye if I don't get a cancellation from Lidl - although not sure optimal approach to this should be after seeing some different opinions on this chain.
Thanks again for the help.
Will update !
[attachment deleted by admin]
-
Is Cathays a town/village or a district?
Under PoFA) 9(2)(a), a Notice to Keeper must clearly state the location where the vehicle was parked — referred to as "the relevant land". This means the notice must include enough detail for the keeper to know exactly where the alleged parking event took place.
If the notice just says something vague like “Lidl Cathays” without a street name or postcode, that is not enough. It doesn’t identify the land clearly, so the notice doesn’t meet the legal requirements.
Whilst I agree that a POPLA assessor may not agree, it would certainly be worth arguing in front of a judge if it ever got that far, which is highly unlikely.
-
Cathays is a place and there is more than one case about LIDL in Cathays here.
-
A quick Google shows exactly where it is
If the recipient of a notice must conduct his own research to determine where the alleged parking event took place, can the operator be said to have specified the relevant land?
As for appealing to Lidl, you'd be better off appealing to Parkingeye
Anecdotally, supermarkets are often quite good at intervening and getting charges cancelled, especially when the driver was a genuine customer. Given trying that costs nothing, and doesn't prevent the keeper appealing if the supermarket are unhelpful, it is a no-brainer to try that first.
-
A quick Google shows exactly where it is, the Lidl in the Cardiff suburb of Cathays. There is only one Lidl in Cathays. Seems pretty clear to me. As for appealing to Lidl, you'd be better off appealing to Parkingeye who issued the PCN which is what Lidl will probably tell you to do. Don't mention the phone call, do include whatever proof of being a genuine shopper you have. Lidl can be pretty reasonable with genuine customers (and they will set the rules for Parkingeye).
-
WTF is "Cathays"? Does the back of the NtK have the full postal address including a post code? As it is, under the Protection of Freedoms Act 2012 (PoFA), Schedule 4, paragraph 9(2)(a), a Notice to Keeper must clearly state the location where the vehicle was parked — referred to as "the relevant land". This means the notice must include enough detail for the keeper to know exactly where the alleged parking event took place.
If the notice just says something vague like “Lidl Cathays” without a street name or postcode, that is not enough. It doesn’t identify the land clearly, so the notice doesn’t meet the legal requirements. If PoFA isn’t followed properly, the parking company can’t transfer liability to the keeper. They would only be able to pursue the driver, and they would need to know who that was.
-
No, but please show the rest of what you received (the other side) just in case.
-
Thanks a lot I will try that now.
If LIDL is unable to cancel the notice, would you suggest getting into contact with someone else?
-
Get LIDL to cancel it for you. Search this forum for similar cases and contact details. They don’t want to lose your custom. There’s one for this exact car park although no resolution reported, and this was the advice given there.
-
Upon entering the car park, the driver found a space, parked up, and received a call. The call ran over some time and the driver did not keep an eye on the clock.
Then the driver went into Lidl and paid for some things as they had initially planned- although they do not have a receipt, they have a bank card screenshot.
When they left the car park they had exceeded the maximum parking period. The maximum period is 90 minutes, and the they left after 108 minutes. On 25th March 2025, I, the registered keeper, received a PCN through the post.
Please see attached photos of my notice.
If anyone could help or offer some advice that would be great.
Many thanks.
[attachment deleted by admin]