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Parking Eye - Parking Notice Charge for parking in Aldi, Bangor

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1910121415

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  • Jo4
    Jo4 Posts: 6,819 Forumite
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    Umkomaas wrote: »
    Nope, this isn't a never ending ping-pong game.

    Brilliant, one thing less to worry about!! :beer: :j
  • Jo4
    Jo4 Posts: 6,819 Forumite
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    I have been unwell again and I have to get this sorted today. They emailed on the evening of Monday 10th October so does that mean I have until lunch time on Monday 17th October to respond?
  • Jo4
    Jo4 Posts: 6,819 Forumite
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    Rules and Conditions
    This site is a 1.5 hour free stay customer car park when a customer enters their registration into the terminal within the store as clearly stated on the signage (enclosed). There are 13 signs, placed at the entrance, exit and throughout the site stating the terms and conditions.

    Evidence G
    System generated print out showing that the motorist vehicle registration number does not appear in our systems on the date of the event.

    Please find enclosed a witness statement signed on behalf of the landowner showing that on the date of the parking event ParkingEye had authority to issue and pursue a Parking Charge to this vehicle.

    Authority
    ParkingEye can confirm that the above site is on private land, is not council owned and that we have written authority to operate and issue Parking Charge Notices at this site from the landowner (or landowner’s agent).

    It must also be noted that any person who makes a contract in his own name without disclosing the existence of a principal, or who, though disclosing the fact that he is acting as an agent on behalf of a principal, renders himself personally liable on the contract, is entitled to enforce it against the other contracting party. (Fairlie v Fenton (1870) LR 5 Exch 169). It follows that a lawful contract between ParkingEye and the motorist will be enforceable by ParkingEye as a party to that contract.



    Further Information
    The signage on site clearly sets out the terms and conditions and states that;

    "By parking, waiting or otherwise remaining within this private car park, you agree to comply with these terms and conditions and are authorised to park, only if you follow these terms and conditions"

    "If you fail to comply, you accept liability to pay the fee for unauthorised parking"

    ParkingEye operates a grace period on all sites, which gives the motorist time to enter a car park, park, and establish whether or not they wish to be bound by the terms and conditions of parking. These grace periods are sufficient for this purpose and are fully compliant with the BPA code of practice.

    ParkingEye ensures that all its signage is clear, ample, and in keeping with the British Parking Association (BPA) regulations.

    The signage at this site demonstrates adequate colour contrast between the text and the backgrounds advised in the BPA Code of Practice, you will note the colour contrast at this site is black text on yellow background.

    Initially, ParkingEye would like to state that we are a leading user of ANPR Technology. We ensure that our cameras, technology and processes are of the highest quality, and have built up this expertise with almost 10 years of experience of using ANPR cameras. We ensure that we use the best cameras, and that these are expertly configured.

    We have also developed a robust process for handling the data and ensuring the accuracy of the system. ParkingEye is regularly required to provide data taken from these ANPR cameras for Police investigations.

    Once ParkingEye has installed the cameras, signage and other technology at a site, we will test the system extensively before Parking Charges are issued on site. This involves allowing the site to function normally without Parking Charges being issued, to ensure that the system is functioning correctly.

    The British Parking Association Code of Practice contains guidelines for the use of ANPR cameras at Section 21. We comply fully with this;
    21.1 – ParkingEye uses ANPR cameras in a reasonable, consistent and transparent manner. All signage contains the universally recognised symbol for the use of these cameras, and it is made clear that ANPR technology is in use on site.
    21.2 – All data undergoes a multiple stage checking process, undertaken by trained ParkingEye staff to ensure that Parking Charges are issued correctly.
    21.3 – All ANPR equipment is monitored and kept in good working order. A central team of trained Technical Support Engineers proactively monitor the performance of all systems to ensure the accuracy of data collected. Automated monitoring and alerting ensure potential issues are highlighted and dealt with quickly along with data management routines to ensure affected data does not result in a Parking Charge being issued. Dedicated mobile engineers respond to physical faults which require on-site resolution with testing periods to ensure equipment is configured and working to our high standards. Equipment is selected and deployed to ensure a reliable and robust solution which performs consistently and accurately.
    Physical and logical access to data is restricted and processed securely. Full auditing of user access and actions ensures clear and full accountability. Dedicated server facilities are protected by named user access control systems.
    ParkingEye has passed the relevant and most recent BPA audit.
    21.4 – ParkingEye complies with all of the relevant guidelines including those set out by the ICO, DVLA and CO.
    21.5 – The Notices to Keeper comply with Schedule 4 of the Protection of Freedoms Act 2012.
    ParkingEye’s Automatic Number Plate Recognition (ANPR) cameras and software are fully compliant with the British Parking Association Code of Practice. We ensure that the cameras are checked regularly by both automated routines and Technical Support Engineers to ensure that they are in good working order, and that they are producing accurate data. We have passed both our British Parking Association and DVLA audits and follow all DVLA requirements concerning the data that we obtain.
    Images recorded by the ANPR (Automatic Number Plate Recognition) systems are time-stamped at source. The ANPR servers use NTP to regularly verify the accuracy of the local time clock with any adjustments being logged thus ensuring that all images are captured and stamped with an accurate time and date. Network Time Protocol (NTP) is a widely used standard to accurately synchronise computer time over wide area networks. Institutions that use NTP technology include; HM Revenue & Customs, The Metropolitan Police, NASA, Inland Revenue, The Land Registry, RBS, NASDAQ, Buckingham Palace, GlaxoSmithKline, Deutsche Bank, BBC, NHS, BAE Systems, BT, HP, DELL and the Bank of England. We firmly believe that these time-stamped images are accurate.
    Any time deviance detected on the ANPR servers generates an automatic alert monitored by the Technical Support Team at ParkingEye Head Office. If at any stage of the process the ANPR cameras are found to be deviating, Parking Charges are not issued. There are automated and manual checks to ensure that the cameras are accurate.
    It is important to note that cameras and ANPR servers are directly attached as an integrated solution situated on-site therefore ensuring the accuracy of the ANPR read and associated date-timestamp. Transactional data and images are recorded locally before batch transfer to our central systems.
    There is no evidence to suggest that a Parking Charge has been issued incorrectly, and ParkingEye goes to great lengths to ensure that all Parking Charges are issued correctly. The data taken from the Automatic Number Plate Recognition cameras is sent to ParkingEye, where it undergoes a checking process of up to 19 stages. This ensures that no errors have been made. There are various other procedures in place to ensure that Parking Charges are issued correctly, and there is no reason to believe that an error has occurred in this case.
  • Jo4
    Jo4 Posts: 6,819 Forumite
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    This section contains the correspondence from them to us.
  • Jo4
    Jo4 Posts: 6,819 Forumite
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    This section has the Case Detail which contains the following sub sections Case Details; Contact Details; Vehicle Details and Financial. It also shows the photographs of our vehicle entering and existing the car park.
  • Jo4
    Jo4 Posts: 6,819 Forumite
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    This section shows our original appeal and their rejection.
  • Jo4
    Jo4 Posts: 6,819 Forumite
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    This section shows their signs and photographs which are dated 03/11/2014. It also shows their layout plan of the car park.
  • Jo4
    Jo4 Posts: 6,819 Forumite
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    This section contains a "Whitelist Lookup" of our vehicle registration which states "No results". I have never heard of a "Whitelist Lookup" before now and I do not know if it is supposed to contain any results?!?!

    It also contains a Witness Statement,

    "On behalf of Aldi Stores Limited I confirm that:

    1 The site is ALDI Bangor.

    2 The Landholder is Aldi Stores Limited, who has a proprietary interest in this site.

    3 The Operator is ParkingEye Ltd.

    4 The Operator has written authority from the Landholder to undertake parking management, control and enforcement at this site, under contract.

    5 The Operator had authority to issue a Parking Charge for the Parking Event dated 25 July 2016, under this written agreement.

    6 The Operator is authorised by the Landholder to issue parking charge notices where vehicles are parked on the site in a manner not permitted under the terms and conditions of parking.

    7 The terms and conditions are as clearly set out on signage at the site and, where applicable, with any permit or dispensation for use at the site.

    8 The issue of parking charge notices is subject to the agreed criteria and exemptions, as clearly set out on signage at the site and, where applicable, with any permit or dispensation for use at the site.

    9 The Operator is authorised to issue a parking charge notice for breach of any of the terms and conditions referred to above.

    10 The Operator is authorised by the Landholder to pursue the outstanding parking charges in accordance with the British Parking Association Approved Operator Scheme Code of Practice.

    I confirm that I am authorised to make this statement on behalf of the Landholder and that the above information is true to the best of my knowledge and belief.

    Signature:

    Name:

    Position:

    For and on behalf of Aldi Stores Limited

    Date:"
  • Jo4
    Jo4 Posts: 6,819 Forumite
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    Section B: Case Detail
    PE state "Site ALDI Bangor, LL57 2RT" however according to Royal Mail’s website and Aldi's own website the stores postcode is actually LL57 2RW.
    https://www.aldi.co.uk/store/s-uk-E0259
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
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    4 The Operator has written authority from the Landholder to undertake parking management, control and enforcement at this site, under contract.

    5 The Operator had authority to issue a Parking Charge for the Parking Event dated 25 July 2016, under this written agreement.

    6 The Operator is authorised by the Landholder to issue parking charge notices where vehicles are parked on the site in a manner not permitted under the terms and conditions of parking.




    but , do they have aldi,s permission to instigate court action?


    not seen or heard of any aldi/PE cases in court , and if they wish to proceed , I think its going to cost them too much as you are in NI
    Save a Rachael

    buy a share in crapita
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