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Parking Eye & Aldi.......PLEASE HELP?

Hi guys,
Need help with this.
We parked in Aldi car park in Bangor North Wales the other day.
We DID NOT got to go into store as my wife was unwell and wanted to go home.
Then we get a parking charge notice off Parking Eye for using the car park for 45 mins?
It states that the fine will go from £40 to £70 if not paid within a certain time... this is approaching and we wanted to know if this is right?
Can they do this?
Should we pay it?
Your help is much needed here as me and my wife are worried sick about it and want to understand our rights etc.
Thanks in advance.
«134

Comments

  • BASFORDLAD
    BASFORDLAD Posts: 2,418 Forumite
    edited 27 September 2012 at 3:17PM
    No its NOT a fine

    You shouldnt pay them unless you like to be fleeced. The is nothing to worry about, your wife being worried sick is part of the way they work and its how they get people to work.

    Just ignore it and expect to receive fake threatening letters from debt collectors and fake solicitors, with each letter using more red ink and bigger letters
    For everthing else there's mastercard.
    For clampers there's Barclaycard.
  • On what grounds are they alleging you owe them £70? Was it a free car park?

    As long as it was a free car park, you can safely ignore everything Parking Eye send you, as you owe nothing, the losses to the landowner are zero. They are just trying it on.
  • what is it then?
  • I dont know if its a free car park?
  • BASFORDLAD
    BASFORDLAD Posts: 2,418 Forumite
    adewalton wrote: »
    what is it then?

    Its an unenforceable invoice

    Private companies can not fine you, only the police, courts etc can "fine"

    What you have is an invitation to pay. Its like falling for scamming emails from Nigeria
    For everthing else there's mastercard.
    For clampers there's Barclaycard.
  • BASFORDLAD
    BASFORDLAD Posts: 2,418 Forumite
    have a look at this page:

    https://forums.moneysavingexpert.com/discussion/2214803

    Scroll down until you see "parking eye" and you will see all the letters to expect
    For everthing else there's mastercard.
    For clampers there's Barclaycard.
  • ManxRed
    ManxRed Posts: 3,530 Forumite
    adewalton wrote: »
    what is it then?

    Its technically an invoice, speculatively asking you to settle a civil debt which they claim you owe them, in relation to breaching the terms and conditions of a contract.

    However, under contract law, the only redressing for breach is the actual financial losses suffered, which in a free car park is zero. Hence this charge would not stand up in court, and would be deemed an unenforceable contract penalty.

    Hence, ignore it and don't pay it. Its a like a complete stranger coming up to you in a pub and claiming you owe them £50.

    Legally, you don't.
    Je Suis Cecil.
  • We are worried by the £70 fine if we dont pay up soon?
    Should I write to them?
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    adewalton wrote: »
    what is it then?

    It is a speculative invoice for alleged damages arising from an alleged breach of contract. Under UK law no private individual or company can fine another, only the police and certain other state/government agencies can do that.

    Given that there was almost certainly no contract with Parking Eye anyway, and even if there was then the losses to them are zero, you can and should ignore it (and the other letters which are sure to follow).
    Je suis Charlie.
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    adewalton wrote: »
    We are worried by the £70 fine if we dont pay up soon?
    Should I write to them?

    NO!

    Ignore them. They will harass you for while and then go away.
    Je suis Charlie.
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