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Parking Eye Charge in Aldi car park

Hello

First time I've had one of these and don't know what to do. I've read through recent threads but all the posters seem to have good grounds to get the ticket cancelled whereas I don't think I do.

I parked in an Aldi car park for 2 hours 50 minutes and it's only free for 90 minutes. I usually pop into the store to make sure I'm captured on CCTV using it but to be honest I used the car park for my jobcentre signing on appointment and then I have no idea what I was doing for the rest of the time but I can't claim to have been in Aldi for nearly 3 hours.

As I'm unemployed, I really can't afford to pay it.

They're within 14 days and have appeal details on back so no technical grounds to strike it out I don't think.

Thanks.
December 2010 wins - 12 month Four Four Two subscription; Alcatel OT 708 phone; Miffy cuddly toy; Nivea gift pack
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Comments

  • Coupon-mad
    Coupon-mad Posts: 153,080 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 July 2013 at 11:34AM
    You have LOADS of grounds to appeal and to complain to Aldi first of all.

    See this thread:

    https://forums.moneysavingexpert.com/discussion/4660007

    and read it all and click on the link to the ALdi facebook page and scroll down to read the complaints and Aldi's response. Only last week, Aldi promised to consider cancelling any fake PCN for genuine customers like you because their backs are to the wall over this PR disaster. Add your complaint in a really assertive post and email, or phone call. DO NOT be drawn on what you were doing, steer it back to 'this is harassment and I am a regular Aldi customer (do you have receipts going back a few weeks, that would help too?).

    So complain by email after reading the thread and the Aldi facebook page. Also complain to Parking Eye and challenge the ticket without saying who was driving - no making excuses or saying what happened, just challenge the actual nature of the ticket and say it's punitive and not a genuine pre-estimate of any loss. Easy.

    If it doesn't get cancelled by Aldi or PE at this early stage - AND REALLY LEAN ON ALDI! - then you will get a rejction letter from PE with a POLA code for the next stage appeal. That's the time to come back here for further advice because you must not word it as a normal appeal, we know how to win at POPLA.

    Calm down and read the linked thread & fb complaints from the last 2 weeks. You will not be paying this 'charge'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • tygr
    tygr Posts: 155 Forumite
    I've posted on Aldi's facebook page but it's pretty obvious I wasn't in Aldi for all that time so I don't know if I'll get anywhere. I don't have any receipts. I usually move the car to another free place after the jobcentre but I've been ill and I was upset and trying to sort out my benefits so I left it there while I went to the Council offices to get a housing benefit form and then called an ex for some advice and a shoulder to cry on. Again, grounds that they won't take into account.

    Really could do without this.
    December 2010 wins - 12 month Four Four Two subscription; Alcatel OT 708 phone; Miffy cuddly toy; Nivea gift pack
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    tygr wrote: »
    I've posted on Aldi's facebook page but it's pretty obvious I wasn't in Aldi for all that time so I don't know if I'll get anywhere. I don't have any receipts. I usually move the car to another free place after the jobcentre but I've been ill and I was upset and trying to sort out my benefits so I left it there while I went to the Council offices to get a housing benefit form and then called an ex for some advice and a shoulder to cry on. Again, grounds that they won't take into account.

    Really could do without this.

    Stop all this hand-wringing and making excuses. If I wanted to be hard, I would simply say "Why do you think Aldi should provide a car park for those not using their store?"

    Luckily, some people on here go past that sort of criticism and try to help. Coupon-mad is one of the stalwarts. So if you stop feeling sorry for yourself, read her link and a few more threads on here, you might get somewhere.

    Sorry for sounding harsh, but if you want a shoulder to cry on, go elsewhere. If you want a fighting chance of getting off the charge, then you are in the right place, but you have to make some effort yourself.

    So, follow c-m's advice, read a few other threads and then come back and tell us what route you think you should take.
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    There are always technical details upon which to attack it. For a start, if this is a standard ParkingEye notice then it will fail to specify precisely which term or condition supposedly displayed on the signage you have supposedly broken.
    Je suis Charlie.
  • tygr
    tygr Posts: 155 Forumite
    I'm not feeling sorry for myself. I'm telling you the facts of the case.

    I have a mental health problem, which falls under the Equality Act. I was ill at the time of the infringement. Ordinarily I wouldn't have parked in the car park for that length of time but I was upset and not thinking clearly. Having no money can do that to people.

    I hate this site. People are so judgmental and aggressive. As they are on Facebook too. My Aldi post has already been highjacked by the anti unemployed brigade.

    Read my words and stop projecting your own opinions onto them.

    I know I effect up. I wouldn't let me off it. But £40 or £70 for parking in a 'free' car park that's never full seems excessive to me. The fact that I have no money just compounds my frustration.
    December 2010 wins - 12 month Four Four Two subscription; Alcatel OT 708 phone; Miffy cuddly toy; Nivea gift pack
  • Custard_Pie
    Custard_Pie Posts: 364 Forumite
    tygr wrote: »
    I'm not feeling sorry for myself. I'm telling you the facts of the case.

    I have a mental health problem, which falls under the Equality Act. I was ill at the time of the infringement. Ordinarily I wouldn't have parked in the car park for that length of time but I was upset and not thinking clearly. Having no money can do that to people.

    I hate this site. People are so judgmental and aggressive. As they are on Facebook too. My Aldi post has already been highjacked by the anti unemployed brigade.

    Read my words and stop projecting your own opinions onto them.

    I know I effect up. I wouldn't let me off it. But £40 or £70 for parking in a 'free' car park that's never full seems excessive to me. The fact that I have no money just compounds my frustration.

    The problem is that you are playing your hand and being too honest. You are dealing with a private parking company that has absolutely no interest in your situation and just want to make money out of you. All they have done though is invoice you. You can pay up, ignore them and hope they go away (which they might, or they may take you to the Smalls Claims Court), or you can fight back using every bit of information that you can gleam from here.
    Search my post " PoPLA evidence - What to submit" on what is a good defense for a PoPLA appeal.
  • tygr
    tygr Posts: 155 Forumite
    Well I assumed that the people here are the ones who might help me and lying about the facts wouldn't help them to help me put a strong case together.

    I'm not going to tell Parking Eye any of the things I've said here unless they support my case.

    I can't deal with it today as I'm not well enough to handle it. Reading the post above has left me in tears. That's not me feeling sorry for myself. That's me being ill. The letter arrived today so I'll leave dealing with it until next week.

    I'm going to stop checking here until I'm stronger - it's not helping
    December 2010 wins - 12 month Four Four Two subscription; Alcatel OT 708 phone; Miffy cuddly toy; Nivea gift pack
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    Come back a.s.a.p. tygr, help is available.
    Je suis Charlie.
  • Coupon-mad
    Coupon-mad Posts: 153,080 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 July 2013 at 7:10PM
    tygr wrote: »
    Well I assumed that the people here are the ones who might help me and lying about the facts wouldn't help them to help me put a strong case together.

    I'm not going to tell Parking Eye any of the things I've said here unless they support my case.

    I can't deal with it today as I'm not well enough to handle it. Reading the post above has left me in tears. That's not me feeling sorry for myself. That's me being ill. The letter arrived today so I'll leave dealing with it until next week.

    I'm going to stop checking here until I'm stronger - it's not helping



    When you come back you will see you have been helped.

    If you are not up to being assertive at Aldi - perfectly understandable for someone with mental health issues - then let's just play this the normal way as if it wasn't Aldi. So that means sending PE a challenge - and please stop thinking you have done something wrong. They are at fault, they are parasites leaching off real businesses.

    At many Aldi stores YOU DO NOT NECESSARILY HAVE TO SHOP THERE TO PARK THERE! This is due to the Planning Permission often specifically allowing people to use local shops and services, which is the case at an Aldi not far from a family member of mine. Aldi were fined by the Council when the PPC pretended people could only stay for a shorter time than the planning permission allowed, and they then tried to put a sign up saying 'Aldi customers only' which had to be ripped down within a week when another poster complained that it wasn't true and that the car park WAS allowed to be used by people visiting local premises. So your visit was OK, stop worrying.

    Send a challenge to PE, here you go, I wrote one for you which may get it cancelled early:



    Dear PE,
    Re fake PCN number xxxxxxxxxxx

    I have received your letter as I am the registered keeper of this car. I deny any liability to Parking Eye and would say the following in this appeal:

    - your charge is not a genuine pre-estimate of loss and is a penalty.

    - the driver did not see any signs so entered into no contract with you.

    - The driver has a mental health problem, which falls under the Equality Act 2010, and the driver was ill at the time of the incident. A 'reasonable adjustment' to arbitrary time limits must be made for customers with 'protected characteristics' and yet your unmanned camera system takes no account of this whatsoever. Aldi and Parking Eye are both well aware of this issue as you do issue leaflets in some stores allowing double the time; e.g. Preston Aldi's leaflet is in the public domain as it was posted on a website and proves you know about your duties under the Equality Act and yet pick and choose which stores feign to comply with the law. This approach is illegal.

    I suggest you cancel this fake PCN or face a strong POPLA appeal with the above points and more. I have joined the Aldi facebook campaign and will also complain in writing to the CEO of Aldi and to my local Trading Standards if you pursue this charge.

    yours,


    PRINT NAME (do not sign if sending a letter)





    DO NOT re-write it, I deliberately use the term 'fake PCN' in my suggested appeals purely because it tells the PPC that it's a person supported by a forum.

    DO NOT say who was driving and DO NOT say you are unemployed, no need for any of that and your position is stronger as the registered keeper not the driver. Let us know what reply you get and can you just confirm, was the letter sent to you and received within 14 days?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • tygr
    tygr Posts: 155 Forumite
    I'm feeling stronger and able to deal with this. I'm a tough person, intelligent, blah de blah, just that there are times when I'm already at my stress capacity and can't take on anything else. Reading through reams of other posts was, and still is, too much.

    Yes, the "offence" was on 25th June and the first letter was received on 4th July so they're within the 14 days.

    I'll copy and send your letter word for word. I was tempted to tone down the language but I can see how demonstrating that I'm part of the campaign is helpful.

    Is it worth looking up the planning permission? I used to work in planning so have a bit of background knowledge.

    Thank you
    December 2010 wins - 12 month Four Four Two subscription; Alcatel OT 708 phone; Miffy cuddly toy; Nivea gift pack
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