Parking Eye - Aldi

4consumerrights

Stonker - this thread is certainly becoming a bit of a saga - however this letter which coupon-mad did as an appeal for parking eye on this thread would be ideal for you to use:

https://forums.moneysavingexpert.com/discussion/comment/64079818#Comment_64079818

Dear Parking Eye,
Ref Number

I am writing to you as the registered keeper of the vehicle to appeal the above on the following points:

• The driver entered into no contract to pay you for staying past 3 hours. No signs were seen at all. I believe you deliberately place the entrance sign, and any others, too high and out of sight of a driver, knowing that people are relying upon free parking at the invitation of the retailer so will not see your extortionate terms. I intend on complaining to the Retail Manager about your modus operandi and intimidation of paying customers.
• The charge is inappropriate - unlawful in our case, see below - and not a genuine pre-estimate of loss incurred for Parking Eye or the landowner.
• The driver and passenger were genuine customers of the shops but I have better things to do than photocopy receipts for a third party like you.
• The passenger was a disabled wheelchair user and you appear to have made no 'reasonable adjustments' of time for disabled visitors, which is illegal. Your duty to make adjustments is anticipatory and you cannot lawfully just impose a 'blanket policy' like an arbitrary time limit then rely upon complaints like mine, to cancel charges on individual occasions. You are failing in your duty under the Equality Act 2010 - as 'service providers' (and I use that term very loosely in your case) - to make anticipatory reasonable adjustments. Explain yourselves please so I can report you to the EHRC.

If ParkingEye do not cancel this then I will charge for my time from now on, at a court rate of £18 per hour, plus costs such as stationery, photocopying, printing and postage. I also reserve the right to issue court proceedings against you and your client, as you are jointly and severally liable for damages for harassment and breach of the Equality Act 2010. You have clearly been advised about the passenger's disability so I strongly suggest you cancel immediately. Take note: if you reject and send me a POPLA code or send a holding letter asking for receipts, then my charges will apply because anything other than cancellation is wholly unacceptable under these circumstances.

Just amend the bit about the wheelchair user and put in how you are covered by the Equality Act - mental health/OCD etc and adjust the free time and keeper/driver etc to suit your scenario and it's good to go

loopychriss

Just wondering how long you were actually in the Aldi car park for? I do a big shop in my local Aldi every week, and even when busy it has never taken me more than 40 minutes! Did you go anywhere else as well, or were you literally just in Aldi store all the time?

trisontana

loopychriss wrote: »

Just wondering how long you were actually in the Aldi car park for? I do a big shop in my local Aldi every week, and even when busy it has never taken me more than 40 minutes! Did you go anywhere else as well, or were you literally just in Aldi store all the time?

It does happen that the person only shopped in Aldi. This from today's Aldi FB page:-

Yet another store to boycott. A ticket from Parking Eye for Ely store, after spending £200.00 pounds and overstaying by 10 minutes - all time spent in store. Used to be my favourite supermarket, won't be shopping there anymore.

Stonker

loopychriss wrote: »

Just wondering how long you were actually in the Aldi car park for? I do a big shop in my local Aldi every week, and even when busy it has never taken me more than 40 minutes! Did you go anywhere else as well, or were you literally just in Aldi store all the time?

It's as much as my partner can do to get to Aldi. She wouldn't have gone anywhere else. I'm not so sure that's important though. Mormally I'm not there more than 45 mins or so but my partner has to do outside to have a break etc

kirkbyinfurnesslad_2

Why exactly has this thread got to 7 pages yet its still on the initial appeal stage......

Stonker

OK, how's this:


Dear Parking Eye,
Ref Number

I am writing to you as the driver to appeal the above on the following points:
· The driver entered into no contract to pay you for staying past x hours. No signs were seen at all. I believe you deliberately place the entrance sign, and any others, too high and out of sight of a driver, knowing that people are relying upon free parking at the invitation of the retailer so will not see your extortionate terms. I intend on complaining to the Retail Manager about your modus operandi and intimidation of paying customers.
· The charge is inappropriate - unlawful in our case, see below - and not a genuine pre-estimate of loss incurred for Parking Eye or the landowner.
· The driver was a genuine customer of the shop but because cash was paid for the items, no proof of purchase is available. However, your allegations appear to be over the amount of time that the vehicle was in the car park rather than whether purchases were actually made. I therefore cannot see the need to produce receipts in any case.
· The driver had been suffering from depression and anxiety and was taking medication and receiving counselling in this respect. You appear to have made no 'reasonable adjustments' of time for disabled visitors, which is illegal. Your duty to make adjustments is anticipatory and you cannot lawfully just impose a 'blanket policy' like an arbitrary time limit then rely upon complaints like mine, to cancel charges on individual occasions. You are failing in your duty under the Equality Act 2010 - as 'service providers' (and I use that term very loosely in your case) - to make anticipatory reasonable adjustments. Explain yourselves please so I can report you to the EHRC.
If Parking Eye do not cancel this then I will charge for my time, at a court rate of £18 per hour, plus costs such as stationery, photocopying, printing and postage. I also reserve the right to issue court proceedings against you and your client, as you are jointly and severally liable for damages for harassment and breach of the Equality Act 2010. You have clearly been advised about the driver's disability so I strongly suggest you cancel immediately. If you reject and send me a POPLA code or send a holding letter asking for receipts, then my charges will apply because anything other than cancellation is wholly unacceptable under these circumstances.

kirkbyinfurnesslad_2

Just send the Bl**dy thing. The really is no need to waste any more time on this appeal, let us know when u have a Popla code.

Stonker

kirkbyinfurnesslad wrote: »

Why exactly has this thread got to 7 pages yet its still on the initial appeal stage......

Too many cooks maybe? People asking questions? Me looking for info I'm pointed to but finding outdated or innappropriate info for my case?

Stonker

kirkbyinfurnesslad wrote: »

Just send the Bl**dy thing. The really is no need to waste any more time on this appeal, let us know when u have a Popla code.

OK.....I thought the idea was to get these things checked first

Redx

you should add something like this too , at the bottom

so basically :-

1) This charge is not a genuine pre-estimate of loss
2) You do not have the authority or permission to give these invoices to motorists
3) Your signage is inadequate, and does not comply with the BPA Code of Practice
4) No grace period has been given to enter and leave the car park

You are therefore invited to cancel this charge now, or supply a popla verification code to appeal to them on rejection, where you will be asked for a detailed breakdown of the above.
As you know all appeals on the points above are upheld.

Please confirm cancellation within 35 days of the above date

frankly I think like most people reading this you have delayed long enough, whatever you do , get it to them asap or this will still be going on in a years time or in 2015 never mind 2014

good luck