Fined within the time frame advertised while shoping at Aldi

Defrdina

Hi,

I have received a penalty charge whilst shopping at Aldi supermarket (Kingsbury Road-London)

The sign in the Aldi car park clearly displays an allowed parking time of 1:30minutes and from the records noted on the ticket given out by the parking wardens I entered the car park at 15:10 pm and was clamped at 15:30pm. As far as I am concerned this does not constitute the allowed parking time of 1:30 minutes but actually only 20 minutes.

As you can imagine - I was very shocked to see the car being clamped.

I was able to prove this matter of timing as I have the Aldi supermarket receipt as evidence. This showed that I returned by 16:22. Clearly an indication that I was well within the parking time displayed on the Aldi supermarket.


At the time - I went to talk to manager at Aldi's - but no one was available to come outside and argue the case otherwise.

I did pay the fine on the spot - but later filed the legal action against this matter. (Court hearing is in May 26th 2010)

On the response letter from the clamping division - wrote;

You were clamped because you were not seen at Aldi store during the clamping. - (Must confess - I did go to a nearby pub and head my Launch - but then I returned to do the shopping)

My question is - Is this right for them to issue me with the fine, and if so, what chances I have to win this case in my favour?

PLEASE KINDLY ADVICE...

Much appreciated.
([EMAIL="f.deda@hotmail.co.uk"]f.deda@hotmail.co.uk[/EMAIL])

TurkishDelight

Putting your email address on a open forum is never a good idea.
I'd edit if I were you.

cit_k

Ask the clamping company to prove what you look like.

After all, how would they know if you were in the aldi store when it was clamped, unless

1. They made an announcement for the owner of XYZ reg plate to come to the desk (and why would they make such an announcement, they would not)
or
2. They looked for you, and could not see you, in which case, they should be able to prove what you look like.
3. Ask them where the terms and conditions are that state you have to be seen at all times within the store during the time limit.

Thats what I would do, no idea if its the right thing to do or not though...

newcook

I would say you have a pretty strong case – they have said on their records that you entered the carpark at 15:10 and you have a receipt from Aldi stating you paid for your goods at 16:22. all you would need now to cement the case is cctv footage of you going back to your car at x time and you were therefore in the allotted time give.

before_hollywood

but surely, innocent until proven guilty......THEY have to prove YOU were elsewhere?

Pennywise

Given the times, I'd say the parking attendant saw you park up and walk to the pub, rather than walk to the store. If the parking restriction sign says "Aldi shopping only" or similar, then they've got you banged to rights as they'll have a witness seeing you leave the car park to somewhere other than Aldi.

AngelBadger

Wow you're quick. How did you manage to have lunch in the pub and do your shopping all within 20mins?

Do you mean it said 1:30hours? If it was in minutes wouldn't it have been 90minutes?

Sorry if I'm being pedantic but it all sounds a little odd.

cit_k

AngelBadger wrote: »

Wow you're quick. How did you manage to have lunch in the pub and do your shopping all within 20mins?

Do you mean it said 1:30hours? If it was in minutes wouldn't it have been 90minutes?

Sorry if I'm being pedantic but it all sounds a little odd.

The OP did not manage to have lunch and do the shopping within 20 minutes.

They were clamped within 20 minutes, but returned to the car at 16.22.
Parked at 15:10, returned at 16.22 a total of 72 minutes.

Wow

Defrdina wrote: »

You were clamped because you were not seen at Aldi store during the clamping. - (Must confess - I did go to a nearby pub and head my Launch - but then I returned to do the shopping) [EMAIL="f.deda@"][/EMAIL]

That is why you were clamped.


End of story.:)

peter_the_piper

Does the car park have signs that say the OP would be clamped if parking? Does the sign say there would be a charge for release? Are there many such signs? Are they very visible? Did the receipt have the operators sia number on it? Which company is it? Have you also posted on pepipoo.com (good idea to do so) Have you also included the site owner in the case (good idea as clampers are well known for ignoring ccj's when you do win) Can you copy paperwork and receipt and show on here? Host pics on tinypic and copy the url given and paste it in a post then remove the http:// bit.a good browser will take us to the pics.