Court papers parking eye ** help**

Semolina_pudding

Ok here goes... I am one of those pestered souls who has followed the advice of ,which worked for one 18mths ago,but thosepeeps are on my case,like 1000's of others it transpires (do the courts not need the resources to fight the good fight for genuine cases of injustice????)
The papers came on Friday & I intend to fight, so I am goggle eyed from ALL the relevant reading.I am not conversant in law, but feel unless I employ someone who is I could end up talking drivel should it get to that stage.
Firstly when I send back the form Acknowledge of Service,what is the difference in ticking 'I intend to defend all of this claim' to 'I intend to contest the jurisdiction'? And what should I state in my defence on this initial form, the truth as a 50+ lady sees it, or state meaning of breach on contract etc etc quoting paragraphs of of obviously 'not my words' I am quite articulate as I had previously defended my O/H in an employment tribunal (and won!) Or do I leave that until(or if) it actually gets to court?
Is it enough to state the facts as I see them, & surely wouldn't iget as far as court for a 21min overstay in a 'Free Car Park' with no POSSIBLE means of making a payment for extra mins unless an ANPR cameras now have the technology to take our well earned pennies from us!:rotfl: ALSO this car park,which I note as other posters have stated as the Aldi car park who now apparently have in store(link removed) leafletsforums.pepipoo.com/index.php?showtopic=77891[/url] (see the note re my health status)
This car park has 4 stores ALDI/BLOCKBUSTERS/POUNDSTRETCHERS/ABAKHAN/ and after a few phone calls today,the other store confirm that PE manages all their parking, so therefore if ALDI allow 1hr 30mins for their shoppers ( it was 1hr 20min in my case) how can you possibly shop in more than one shop? & days before Xmas.....why would there be queues I wonder?:xmassmile
Aldi last min shop ( I am a woman,enough said:D) still have receipts timed @ 14.55 I was 'snapped' leaving @15:00:07 and arrived at 13:18:46, and waited a good 5 mins for a space as it was peeing it down,so no one wanted to get in their cars,although they might have if they knew they would get charged for trying to keep dry I with bags of Xmas shopping:mad:,anyway I digress. I browsed in the fabric/craft shop,as you do and made purchases in £stretchers(didn't keep rec as it was a cash transaction)I asked for some help to carry stuff to the car and the reason for this maybe relevant from what I have read.
So does the 1hr 20min mean you can not go into another store,therefore it equates to 20mins in each if you can...it can take me that just to pick one film!
My first thought was to ask for the Calibration Certificate to ensure that their time lines are accurate etc ??? and then offer to pay the equivalent fee pro rata to 21mins parking the multistory car to compensate in real terms for the consequential loss of business to the land/store owner,not themselves,as I was not parked in their terms 'illegally' (yellow line/disabled bay/hatched lines etc etc) so surely they can not claim for damage/trespass ? Is it also true that this 'fine' would be exactly the same should you have parked there say in excess of 4 hours,if so surely the'fine' is obviously disproportionate ????:money:
Another point is that if you are affected long-term debilitating medical condition (with or without blue badge) should be allowed double the time to shop.I am a sufferer and could present medical evidence to substantiate this,at the moment recovering from spinal surgery and undergoing pain management & further surgery(hence needing items from £stretchers carrying)but don't want to play the sob story just have the rights due to me....am I being unfair?
Sorry if I have waffled,blame the medication & dare I say the stress(not to mention the menopause,phased return to work,but definite brain fog & the addition of blonde highlights....to cover the grey obviously!!)
On a serious note I really need some advice ASAP before I make a right plonker with a £150 21 min parking Invoice,I wouldn't let my bank get away with charging me that for an unauthorized overdraft now would I :A:A:A
Thanks one and all & apologies if you see this copied on other advice sites, I need all the help I can get!

OH AND BY THE WAY, DON'T SHOP THERE ANY MORE AND USE PROPER CAR PARKS THAT YOU PAY FOR THE TIME THAT YOU STAY,OR GET IT ON LINE AND COMPLAIN ABOUT THE POSTAL/DELIVERY COMPANY INSTEAD!!!

:money:

Semolina_pudding

Quick update
Called into the Aldi store in question & the store manager stated as long as I had proof of purchase on the date in question she could cancel the claim,even at this stage.....quite pleased....I think....as long as this is honored,do I need to communicate this to the court ?
But another interesting item reared it's head when I came home to collect copies of papers for the store manager that I noted that the court claim form states 'in relation to the parking charge issued 21/12/12 for parking without authority on private land' The so called offence occurred 17/12/12 and this is not mentioned anywhere on the court documentation, is this grounds for a legal loop hole??? or am I clutching at straws??
Well I am off to Aldi after the 2 hour limit on the road which I parked, so as not to enter the alleged parking area again....
I shall keep you informed

kirkbyinfurnesslad_2

Your posts are very hard to read

But acknowledge the claim, defend in full, but you dont contest jurisdiction

Get on to aldi head office so you can confirm its done , tel 01793 715673

Semolina_pudding

Sorry for the hard to read message,just read so much on this subject my head has gone into over load!!! So many points to consider:(

Coupon-mad

Post on the Aldi facebook page here asking Aldi to confirm your charge is cancelled and complaining about the fact they have let a mere agent try to take a customer to court!

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

Acknowledge the claim, do not delay as you only have 14 days to do that and the clock doesn't stop because you're dealing with Aldi (which you should do of course).

Read this useful post from Ian Williamson who posted it to help Aldi customer victims of Parking Eye who have got a Small Claim (just like you):

http://forums.moneysavingexpert.com/...7#post62390347

Summarises what to cover in most defences against most PPC fake PCNs which go to a small claim, and gives a summary of what happens when.

Read this (which explains what PE should have done, and didn't!):

http://forums.moneysavingexpert.com/showpo...amp;postcount=1

and read this:

http://www.smallclaims.me.uk/smallclaims_f.../ex303_0406.pdf

HTH for starters. Acknowledge asap and say you will defend in full. Get Aldi to cancel the thing though in the meantime, be insistent.

Semolina_pudding

Just sent this email to Local Council...
Good Morning,
As per a phone call this morning (18/7/13 11.20am with JJ ?) I would be grateful if you could provide planning Permissions granted for the retail car park at the Corporation Retail Park Preston, and also the name of the land owner.
The reason for my request may sound petty, but I suspect you maybe asked this on a regular basis due to the debacle being caused by Parking Eye issuing Court papers for petty over stays (21mins in my case days before Xmas!)
I have been following & researching all the information on the web, and the information from yourselves could help my case (and many,many others!) in a fair trial & prove that shoppers are being unfairly treated,whoever in their right mind would sanction 1hr20mins on a retail park with 4 stores!.This is by no means a criticism of the Council,but just to ascertain if the planning permission is being flaunted in respect of parking.Also the name and contact details of the land owner, only to voice my opinion that this situation is causing & the ultimate loss of business for the units on their site.
I understand that parking is at a premium & there will always those who flaunt the system, but as a person with medical conditions that slow you down, it becomes a problem using the much fairer multistory and/or Pay Station parks( and someone who does not want to go down the Blue Badge route just yet!) when you have to carry shopping some distance......
So as well as my above request, which I would be grateful for ASAP as I have a limited time to respond to the court papers,PLEASE,PLEASE PLEASE could recommendations for PAY STATION or MANNED car parks be given serious consideration in future. ANPR sites do not give the genuine shoppers means to pay for accidental overstay,they are impersonal and do not say what they do on the tin!
Rant over (sorry) not meant as a personal vendetta, but a vent at the frustration this is causing for 100's of people,young,old & in-firmed, if you have min to Google, you will be amazed.
Thank you for taking the time to read this but would appreciate ANY information to help my cause,so in turn I can assist others with the same predicament .....
Grateful Thanks,
............................

Semolina_pudding

Just another thought....Everyone is homing in on Aldi, I don't have a problem with this but the signage does not name ANY of the four stores on the retail park in question, and they all tell me PE manage the parking, so does that not point out that it is the land owner that is at fault???

Semolina_pudding

Just seen this on a FB page... interesting
******STOP PRESS********

A motorist challenged the issue of a parking ticket, issued by Parking Eye for overstaying the 2 hour period at the Rheidol Retail Park.

The appeal eventually went to POPLA (the independent appeal body for parking on private land) and last week the appeal was UPHELD and the POPLA ordered Parking Eye to cancel the parking ticket

Although the motorist had appealed on a number of grounds the parking ticket was actually overturned on one as follows:

The motorist alleged that "Parking Eye does not have authority to contract with the motorist at the site in question. The motorist requires proof of ownership of the land or any contract from the landowner providing such authority"

The independent assessor at POPLA found in the motorist favour as follows (quote):

"Membership of the Approved Operator Scheme does require the parking company to have clear authorisation from the landowner, if itself is not the landowner, as to their role in relation to the parking control and enforcement. This is set out in the BPA Code of Practice. However, as with any issue, if the point is specially raised by an appellant in an appeal, then the operator should address it by producing such evidence as they believe refutes a submission that they have no authority.

In response to such a point, the Operator stated that “we have written authority to operate and issue Parking Charge Notices at this site from the landowner (or landowner’s agent).” The Appellant had requested that a copy of the contract between the landowner and the Operator be provided. The Operator has not provided a copy of this contract or any other proof tantamount to the same. I therefore find that the Operator has failed on this occasion to adequately rebut the Appellant’s submission that it does not have the necessary authority to enforce the parking charge.

I have allowed the appeal on this ground and therefore do not need to visit the Appellant’s remaining grounds of appeal.

Taking these matters together the PCN was not properly issued.

The appeal is allowed.

Matthew Shaw
Assessor"
1Share

FatAndy

Semolina_pudding wrote: »

"Membership of the Approved Operator Scheme does require the parking company to have clear authorisation from the landowner, if itself is not the landowner, as to their role in relation to the parking control and enforcement. This is set out in the BPA Code of Practice. However, as with any issue, if the point is specially raised by an appellant in an appeal, then the operator should address it by producing such evidence as they believe refutes a submission that they have no authority.

This seems to be the silver bullet for the PPCs as things stand. But you wonder how long it will be before a new AOS is introduced that doesn't require clear authorisation?

Semolina_pudding

Default Re: Pe court claim recd fri 12/07/13 help please
After my efforts I thought had been rewarded by a call from the store manager saying the case would be dropped & I asked for it to be confirmed in writing,it was agreed it would, but after I contacted Aldi via FB private message and today had a call to ask if I had appealed in the correct manner,that would be a NO then! I was advised even though I had proof of spending in store PE would drop the case but I had to pay their costs amounting to £50 !! as I should have followed the correct channels in the specified time scale, basically I have no one to blame but myself I either pay their costs or go to court.The Aldi rep was clearly scripted in the approach and although very pleasant( I was a little upset ) to me gives the impression that they are hand in glove & had no hesitation in suggesting that the landowner & the parking permissions would be all above board???? I was thinking do I pay !!!!!! Turpin at £1 a week after the have cancelled the 'fine' for their many overheads or have my day in court,hmmmmmmm

Hovite_2

Semolina_pudding wrote: »

Default Re: Pe court claim recd fri 12/07/13 help please
After my efforts I thought had been rewarded by a call from the store manager saying the case would be dropped & I asked for it to be confirmed in writing,it was agreed it would, but after I contacted Aldi via FB private message and today had a call to ask if I had appealed in the correct manner,that would be a NO then! I was advised even though I had proof of spending in store PE would drop the case but I had to pay their costs amounting to £50 !! as I should have followed the correct channels in the specified time scale, basically I have no one to blame but myself I either pay their costs or go to court.The Aldi rep was clearly scripted in the approach and although very pleasant( I was a little upset ) to me gives the impression that they are hand in glove & had no hesitation in suggesting that the landowner & the parking permissions would be all above board???? I was thinking do I pay !!!!!! Turpin at £1 a week after the have cancelled the 'fine' for their many overheads or have my day in court,hmmmmmmm

Others will detail how you defend the claim but in the meantime, would you mind if I nicked your words to post on the Aldi FB page ?