Court papers parking eye ** help**

thelasttitan

Is that for real?

welshnational

Yes it does appear that it really happened. The only thing that they are disputing on pepipoo is the whether the judgement is correct. There is some suggestion though, that they might come together and all chip in for the guy's court fees.

welshnational

He sound's like he is not that happy 'I'm relieved it's over, though there may be more to come. I won't be appealing.'

HO87

welshnational wrote: »

Yes it does appear that it really happened. The only thing that they are disputing on pepipoo is the whether the judgement is correct. There is some suggestion though, that they might come together and all chip in for the guy's court fees.

Or chip in the help pay for an appeal....

Read the entire thread here: http://forums.pepipoo.com/index.php?showtopic=75803

Semolina_pudding

Oh heck getting the jitters now after reading that on PP.Another poster on the above thread made the exact same comments as my self,what's wrong with the simplistic approach,the truth basically,I went over the free time,in error due to medical conditions which would slow me down,I can substantiate this,did not realise at the time,if I had I would have paid the normal fee for part of one hour. Unfortunately took best advice at the time etc, but would like to point out the shortcomings in the Stand alone ANPR system,to help others,who like myself is now reading too much in depth info confusing our thought process,this is by no means a criticism, I am becoming a thread addict to the exclusion of all else.
I DO have documentary proof that Aldi Area HO have ,as far as they are concerned, cancelled the charge with PE.
I I DON'T have documentary evidence of the phone call from Aldi Main HQ that they are willing to cancel the case, IF I pay PE £50 for their incurred costs.
I DO have a letter from PE,titled -WITHOUT PREJUDICE SAVE AS TO COSTS -Acknowledging that their client(Aldi) has been in contact with regard to my case, and had I contacted them as a genuine patron of one of the stores,they would have assessed the case & cancelled the charge!!but cutting to the chase basically states (as in my previous post) they warn that if these costs are not paid within the next 7 days(although the letter was typed 19/7 posted 22/7 and rec'd 23/7 when is the 7 days up??)the case will remain and that their solicitors cost will be added to the overall cost.[/COLOR][/B]

zzzLazyDaisy

Semolina_pudding wrote: »

I DO have documentary proof that Aldi Area HO have ,as far as they are concerned, cancelled the charge with PE.

1 is this letter marked 'without prejudice'?

2 does this letter mention the £50 fee for cancelling the parking charge?

3 or does the letter simply confirm that the parking charge has been cancelled, with no 'ifs' or 'buts' of any description?

Coupon-mad

And does your defence include quotes from the Unfair Terms in Consumer Contracts Regs 1999 and CPUTR 2008 as regards hidden terms (misleading omissions) not divulged to you at the point of the alleged 'contract'?

I may have already exchanged pm's with you on pepipoo?! :cool: See post #16 by me, here:

http://forums.pepipoo.com/index.php?showtopic=80716&st=0

- Parking Eye are believed to have a secret term in their contracts with retailers, to the effect that a fake PCN will be cancelled if a customer produces a store receipt. It's called 'genuine customer exemption' but neither PE nor Aldi share that information with customers, on the signs nor on their letters. A 'misleading omission' surely, under CPUTR 2008 and an unfair term under UTCCR 1999 (see the linked post #16).

- And there's another secret that they don't tell customers either - at least not in some car parks! If you have been suffering from a (long-term, lasting more than 12 months?) spinal injury you are likely to be covered by the Equality Act 2010 and can legally have longer to park and shop. As explained in the BBC Article even before the Equality Act (when the less-protective DDA was the law):

http://news.bbc.co.uk/1/hi/uk/8488737.stm

At Aldi Preston, Parking Eye & Aldi have a leaflet for customers explaining that disabled (i.e. 'Equality Act protected') customers can have double the shopping time. But they don't bother with that at other car parks. They CANNOT legally pick and choose where they follow the Equality Act 2010 - by making 'reasonable adjustments' for disability need - and where they don't bother!

http://forums.pepipoo.com/index.php?showtopic=77891

Even that leaflet gets the law wrong as it tries to restrict the 'reasonable adjustment' provision to Blue Badge Holders only (service providers are not allowed to restrict the Act, which is obviously silent about any disabled person having to 'prove' need with just one type of badge or permit or whatever):

https://forums.moneysavingexpert.com/discussion/comment/62559545#Comment_62559545

HTH, does that all make sense? Add it in!!

Semolina_pudding

zzzLazyDaisy [/B] AOS Submitted !
As per previous post below,The letter from Aldi AREA HO 'As discussed on the phone,the parking fine (their words)ref ********* is now cancelled with Parking Eye.If you have any further ...........etc please contact ......... on if's or buts or
NO mention of any charges,this was on a subsequent call from ALDI HQ,who stated that the fine would be cancelled if I paid the costs PE had incurred, and offered to put me through to PE to pay (this call was a result of a PM on Aldi FB page)
The letter from PE-WoP save as to costs, acknowledged( see prev post) that their client had been in touch re the above........ as I had chosen to ignore all previous correspondence etc....... .As this had now proceeded to further action, in the form of a CCC,we now require you to pay the costs associated with this etc etc ' failure to pay etc
Breakdown of costs etc (see below & post 56)

The
AS A RESULT OF A VISIT TO THE ALDI STORE IN QUESTION (?/07/2013) I WAS ASKED TO PRESENT COPIES OF RECEIPTS/PROOF OF PURCHASE FOR THE DATE OF THE PCN.
I DID THIS, AND ON THE ?/07/2013 RECEIVED A PHONE CALL FROM ALDI AREA HEAD OFFICE (MIDDLETON, MANCHESTER), TO CONFIRM THAT THE PCN HAD BEEN CANCELLED WITH PE, AND A LETTER WOULD BE SENT TO SUBSTANTIATE THIS.THE LETTER WAS RECEIVED ?/07/2013.
FURTHER TO THE ABOVE, I ALSO RECEIVED A PHONE CALL FROM ALDI HO, STATING- ALTHOUGH THE ‘FINE’ WOULD BE QUASHED, IT WAS WITH A PROVISO THAT I PAID £50 TO PE TO COVER THEIR COSTS INCURRED.THIS IS NOW BACKED UP BY LETTER RECEIVED FROM PE ?/07/2013, GIVING A BREAKDOWN AS FOLLOWS;
WITHOUT PREJUDICE SAVE AS TO COSTS
Cost of issuing Court proceedings: £25
Cost of obtaining RK details from DVLA £2.50
Postage:£2.50
Admin costs: £20
'Should this matter be settled in court, PE firmly believes that all of the associated costs will be found to be owe by you, especially as PE gave you ample opportunity to appeal this Parking Charge’

Coupon-mad

You do not 'have' to pay that £50, it's an offer to settle by PE and issued 'without prejudice' (i.e. they and you can't show it in court).

So decline their 'kind offer' in a brief reply direct to PE saying you are defending the claim because Aldi have categorically cancelled it under the 'genuine customer exemption' rule which was never shared with you at the time on any signage.

And in addition of course your priority if you have not yet done so is to acknowledge the claim then send in your defence in time.

A defence which does NOT refer to the £50 'offer' but does list all the usual defence points posted by Ian Williamson on the Aldi thread and on the PPCs and Small claims' sticky. It's a summary of defence points and is linked in both places as well as being posted on the Aldi facebook page but that was a while ago. And of course your trump card, the email from Aldi (the one that says it is cancelled).

Semolina_pudding

Coupon-Mad I had seen the post/photo of the leaflet regarding double the shopping time etc and I did request a copy from the store & I was advised 'I have been here 2 years and I have never seen one!' Also I hunted high & low for a sign relating to blue badge holders,who if the reported to the check out could be given longer to shop,could been under an invisibility cloak though;)
The details on that post do not match up to the signs in regards to the time which is actually 1h 20min (not 1h 30min) No return within 1hr (not 4hrs) also do the signs have to state clearly that the site is ANPR controlled/monitored ?
The AOS is now registered also.
Time for bed said Zebedee.....Boing!