ParkingEye charge -advice needed please

doog442

I think im getting the idea of how I should deal with this "issue" but could do with some firm advice.

We have just received a notice from ParkingEye requesting £70 (reduced to £40) if we pay early for a contravention at a "free shoppers car park" we have been using for years. Its always been free and there are signs on nearby roads pointing towards it. The notice was sent within time.

Anyway whilst a family member got their hair done at the usual place (in the parade of shops the car park serves) they went over the 2 hr period and were zapped by an ANPR attached to Aldi, over the road.

ParkingEye have only just taken it over. To get things into context, this is a small parade of shops in a suburb, parking isnt a major issue but people would rather support these shops with their custom than go 10 minutes down the road to the Town Centre. (ParkingEye are rapidly changing this ethos)

That aside, I have no idea what Aldi's involvement is other than having ANPR on their building, we didnt use Aldi so have no receipts (nothing on ParkingEye's signs refer to Aldi- simply "shoppers car park" but the address of alleged offence, refers to Aldi?

What shall we do? On the notice, ParkingEye say they are the creditor but they cant be, they dont own the land. A quick planning search shows no planning in place to start charging for the "free car park" also no planning for the ANPR on the side of ALDI.

So back to the notice, shall I make a simple request denying liability and driver details and ask for a POPLA code or is it worth explaining the circumstances to them.

I think an explanation of the circumstances would result in them thinking we are fair game.

Or just ignore, although I appreciate this goes against current thinking. As it is the defence isn't up too much. Its well sign posted, lots of small print but nothing obvious about the ANPR on Aldi recording your vehicle movements - other than a small camera with small writing - and lets be honest most of the population wouldn't know what ANPR is!

Coupon-mad

You do a challenge but NOT explaining the circumstances, nor implying who was driving. You say the car park is free and the signs are unclear and not compliant with the BPA Code of Practice, and the driver entered into no contract with PE. You write it in the third person, referring to 'the driver' not 'I'.

But first of all I would quickly phone the local Council Planning Dept and ask them to check if this 'shoppers car park' was actually planned to be used for local shoppers as well. Many are not restricted to the Supermarket customers only. But PPCs ignore that and have been known to break Planning Consents.

LINKY TO ALDI PORTSLADE CASE

In that Store the PPC also (later, after the first fine for trying to cut the parking time) put up a sign saying 'Aldi Customers only'. It lasted less than a week as that's not far from where some posters on this forum live! Another poster (not me) soon tipped off the Council that Aldi were breaking Planning Consent rules yet again because as usual, that was a car park designed for local small trading shops to benefit too.

doog442

Many thanks for that, I e mailed the council this afternoon, will follow up next week.

Thanks for the link as well : The signs for the free parking were put up years ago by the Council but strangely no planning applications exist at all online in relation to the car park and its new 'charging system'.