PE charge cancelled by principle - court costs 'required'

betteroff

It's not over for Aldi, whether they are the landowner or not, contractor or not or anything else
They are implicit now in PE's ongoing action by sending an instruction to cancel and thereby asserting they have authority to intervene (whether PE think they have or not in this case)and I shall be extending an invitation for them to join in the court proceedings if they don't stick by their original intervention.

Stroma

Ask for Richard Holloway to attend as he is the managing director of Aldi UK

betteroff

Had some more correspondence with Aldi who confirmed that they have contacted PE again to have the actual ticket cancelled but that PE won't 'close the case' until the £50 has been paid. Aldi confirmed that have authority to request the cancellation despite not owning the land as they have an 'agreement' that they can intervene in particular circumstances e.g. genuine customer. Apparently, PE are only pursuing the £50 costs now, according to Aldi but that clearly isn't what's reflected in the defence (as outlined above), so I'm a little unclear as to how this will be borne out in court and whether PE can/will still maintain that the original charge still stands and plead ignorance of Aldi's intervention or even if they accept that it's cancelled, how they use the court to pursue these costs.

Aldi are insistent that they can't do anything about the £50 as it's not their land so I'm not sure where to go from here. (They were befuddled as to why I hadn't just paid it and I'm just as befuddled as to why they think I would)

Next steps - Is it correspondence with PE? Part 20 additional claim on Aldi? or wait and see?

I know there have been other posters with the same situation but I don't think I've seen an update recently as to how they're getting on

Stroma

They gave you the cancellation in writing yes? So even if they don't own the land they are the leaseholder, so they can enter into agreements with companies like parking eye I guess.

Parking Eye would be onto a hiding for nothing IMO, if they pursue this through the courts without the principle's permission, then I really can't see them winning.

Though you must still defend this as they are being bloody minded, and will take this to court even if these lose hundreds defending it, they are frankly insane!

Daisy would probably know more about the process than I , so hope she'll respond in a bit

trisontana

Don't forget that the OP is probably corresponding with the dreaded and aggressive Rachel from Aldi's parking department. She is anti-customer and pro Parking Eye. She is the one who told me that she agrees that PE are entitled to this "cancellation fee". So much for customer service.

Stroma

I don't think the courts would agree with Rachel , who lets face it is a rank amateur doesn't know what she's doing. She just comes across as frustrated woman who probably thinks she should make a mark as she's a woman.

spacey2012

If they demand this contract they have makes you a party to it, then demand they produce this actual contract in full along with the actual signatories on the document at court for verification.
They have to turn up if you request them for questioning.

betteroff

(It's actually the other nicer one who's been very civil)

It all just feels a bit stale male-ish with one party saying they've cancelled the ticket and the other being all belligerent telling the court they haven't had any such instruction then telling Aldi that it's just the £50 they want but going full steam ahead anyway.

I'm curious as to what PE will actually say in court and whether they'll be bold enough to stick by their defence that it's nothing to do with Aldi

zzzLazyDaisy

betteroff wrote: »

Had some more correspondence with Aldi who confirmed that they have contacted PE again to have the actual ticket cancelled but that PE won't 'close the case' until the £50 has been paid. Aldi confirmed that have authority to request the cancellation despite not owning the land as they have an 'agreement' that they can intervene in particular circumstances e.g. genuine customer. Apparently, PE are only pursuing the £50 costs now, according to Aldi but that clearly isn't what's reflected in the defence (as outlined above), so I'm a little unclear as to how this will be borne out in court and whether PE can/will still maintain that the original charge still stands and plead ignorance of Aldi's intervention or even if they accept that it's cancelled, how they use the court to pursue these costs.

Aldi are insistent that they can't do anything about the £50 as it's not their land so I'm not sure where to go from here.

Okay, I have just read the thread and am up-to-speed (I think, but plz shout if you think I have missed anything).

What I suggest you do is to make a robust application for an urgent Order for Disclosure of Documents. I will send you a letter by PM (just because we want to avoid you being identified on here).

First though, can you answer a couple of questions:

Is the letter an open letter (by this I mean not marked 'without prejudice')

Does the letter cover everything you have put in the post above, or is some of the info gleaned from telephone calls? If so, which bits are not in the letter?

Are you close enough to the store to go back and check out the signs? If so, take some photos if you have not already done so, and particularly, check what it says about who PE manages the car park on behalf of? Aldi? the landowner? (if so does it identify the landowner by name and address).

Is the case still with N'ampton CC or has it been transferred to your local CC?

Was there ever any attempt to follow the Practice Direction, or was it just defective LBA then court papers?

If you can come back to me asap with this info I will draft you a letter to send to the court. I am probably going to be off-line from Wed afternoon to sometime on Monday, so the sooner the better.

Daisy

betteroff

zzzLazyDaisy wrote: »

Okay, I have just read the thread and am up-to-speed (I think, but plz shout if you think I have missed anything).

What I suggest you do is to make a robust application for an urgent Order for Disclosure of Documents. I will send you a letter by PM (just because we want to avoid you being identified on here).

First though, can you answer a couple of questions:

Is the letter an open letter (by this I mean not marked 'without prejudice')Only one original letter from Aldi which is open. PE's request for £50 is WP save as to costs

Does the letter cover everything you have put in the post above, or is some of the info gleaned from telephone calls? If so, which bits are not in the letter?Original letter confirms that Aldi have instructed PE to cancel ticket and does not mention on condition of payment of £50. Recent correspondence referred to is by phone in response to a letter from me. I have some (saved) phone messages from Aldi confirming that they have cancelled the charge but that PE won't close until £50 received (in response to my letter). A subsequent phone call just reconfirmed that they do have authority and have requested the original ticket be cancelled.

Are you close enough to the store to go back and check out the signs? If so, take some photos if you have not already done so, and particularly, check what it says about who PE manages the car park on behalf of? Aldi? the landowner? (if so does it identify the landowner by name and address).Their defence states 2 organisations are involved. The witness statement is signed by one named as the landowner yet within their response they say it's another landowner, who I suspect is a managing agent - they're named on the site.

Is the case still with N'ampton CC or has it been transferred to your local CC? Still with NCC although have the DQ to complete within next couple of weeks

Was there ever any attempt to follow the Practice Direction, or was it just defective LBA then court papers?the latter

If you can come back to me asap with this info I will draft you a letter to send to the court. I am probably going to be off-line from Wed afternoon to sometime on Monday, so the sooner the better.

Daisy

Many thanks for your help Daisy.