Free Traffic Legal Advice

Yep, we'll need to see the documents.

A good first step in the meantime, assuming the driver was a customer, is to speak to the management of Lidl - anecdotally supermarkets are often fairly good at cancelling PCNs for genuine customers.

If it’s a PE NtK, the contravention is hidden in the first few paragraphs on the back.

The issue with the location is that it has to be defined and unambiguous. Is the location Lidl, Ashford TW15 3DX or is it Lidl, Ashford TN24 8TN?

A while ago I put together POPLA appeal which was successful for a PE PCN for Lidl, St Neots. Unfortunately for PE, there are two Lidl’s in St Neots, although only one had a PE contract. Didn’t matter. Failure to specify the relevant land is a PoFA failure and the Keeper cannot be liable.

Here is a link to the POPLA appeal which was successful. If your plan B appeal to PE is unsuccessful, you can adapt it quite easily to your case:

https://www.dropbox.com/scl/fi/f7kkc340y7p22p7my0vir/POPLAappeal-copy.pdf?rlkey=v7c6aqqevtl4mm34t2jpar937&st=ym5cezzv&dl=0

It just says Lidl Ashford, no other location or postcode! You can't get more vague than that.

I think you’ll find that POPLA decisions taken towards the end of the month get more varied as their “quota” of successful appeals drains away. They do have to justify their cost to their paymasters.

Only redact personal details, PCN number and VRM.

Just use imgur.com. No need to register. Click on the "New post" near the top left. As soon as your image is uploaded, if you hover your mouse over the "copy link" in the top right corner of the image and then click on the three dots, then select "Get share links" and then click on the third "copy link" option (BBCode Forums), you can then simply paste into your post and that will display the image in the forum.

Most of us here are retired old fogeys, so your excuse is not accepted! 

OK. So, have you appealed to ParkingEye yet? You won't get a POPLA code until PE have rejected your initial appeal.

Here is an initial appeal for an almost identical appeal to PE for the same reasons, more than one possible location for the referenced location:

Reference: Parking Charge Notice – XXXXXX/XXXXXX

Dear Sir/Madam,

Thank you for your recent correspondence dated XX/XXX/XXXX in relation to the Parking Charge Notice (PCN) referenced above. As the registered keeper of the vehicle, I feel it is necessary to point out several critical errors and omissions in your Notice to Keeper (NtK) that demonstrate a clear lack of understanding of your obligations under the Protection of Freedoms Act 2012 (PoFA). I will address these failings in detail below.

1. Failure to Specify the Relevant Land PoFA 9(2)(a)

Your NtK fails to meet the requirements of paragraph 9(2)(a) of PoFA, which obliges you to specify the "relevant land" where the vehicle was parked. Your vague reference to "Lidl Ashford" does not clearly identify the location of the alleged contravention.

You should be aware, there are two "Ashfords" with Lidl stores:

• Lidl, 25 New St, Ashford TN24 8TN
and
• Lidl, Stanwell Rd, Shepperton, Stanwell, Ashford TW15 3DX

Without clearly specifying which of these locations is the "relevant land," your NtK fails to meet the standard required by PoFA, leaving the keeper in doubt as to where the alleged breach occurred. This ambiguity further invalidates your claim to transfer liability to me as the registered keeper.

2. Lack of a Proper Invitation to the Keeper PoFA 9(2)(e)(i)

In addition to your failure to comply with PoFA 9(2)(a) above, your NtK does not comply with paragraph 9(2)(e)(i) of PoFA, which requires the NtK to “invite" the keeper to either pay the unpaid parking charge or, if they were not the driver, to provide the name and address of the driver. While your NtK mentions a request for the driver’s details, it fails to properly “invite”, or any synonym of the word, me, as the keeper, to pay the charge. This failure to issue a proper invitation further undermines your ability to hold me liable under PoFA.

3. No Obligation to Identify the Driver

As the registered keeper, I am under no legal obligation to identify the driver, and I decline to do so. You are entitled to request this information, but you cannot compel me to provide it to you, an unregulated private parking company with zero “authority” to demand anything. As the keeper, I put ParkingEye to strict proof that the person you are pursuing is the driver.

Conclusion

In summary, your NtK is non-compliant with PoFA in several material respects, most notably your failure to specify the relevant land pursuant to 9(2)(a) and invite the keeper to pay the charge pursuant to 9(2)(e)(i). You are therefore unable to transfer liability to me as the registered keeper. I request that you cancel this Parking Charge Notice immediately.

Should you choose to reject this appeal, I will require a POPLA code so that this matter can be escalated for (allegedly) independent review. Be advised that if you proceed with court action despite these obvious legal shortcomings, I will defend the claim robustly and will seek to recover my costs.