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Parking Eye - Aldi
Comments
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kirkbyinfurnesslad wrote: »JUST GET THE DRIVER TO SUBMIT A SIMPLE APPEAL TO PARKING EYE
NO MORE QUESTIONS, YOU ARE WASTING FAR TO MUCH TIME ON THIS.
JUST SEND IT , HOW MUCH SPELLING OUT DO YOU WANT........
How on earth would you cope with a court defence.....
Quite frankly, I don't see the need for that post. most of my posts have been in response to other posts and seeking clarification where advice appears to have been conflicting.
If you look back you will see where I have drafted something out or asked if I should send it off, vary rarely has anybody said 'yes'0 -
if you ask for opinions, that is what you will get, and you are now annoying those trying to help you (free of charge I might add)
if you want a simple appeal for the driver, then what I posted can be adapted and the driver can post it (as they now have the pcn)
or you can just get the driver to send what you posted earlier, my afterthought was an addition to it based on standard simple appeals
obviously the driver has to do all this now that the driver has the pcn and not the RK , clearly you absolved the RK from doing anything when you named the driver , so from that point on THE DRIVER deals with it, not the RK (but the RK may be doing it on their behalf)
the point here is to get a cancellation, or more likely get a popla code as they rarely issue a cancellation0 -
My point is though that I get advice, draft something on that advice and then get a few opinions, maybe then make a change and get more opinions then somebody will say 'great send that off', then more opinions, then at the end of the day, it doesn't really matter too much so why are you procrastinating. As I said, I do appreciate the help but I don't accept the suggestions that I'm just procrastinating0
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but the fact is that you are procrastinating , you have been doing so since may 2013 on this very case, which is why its still going on, if it goes to court then you wont have time to post on here as you will be buried in paperwork
I merely said you should add what I posted onto your mitigation type of reply, to ensure they do not procrastinate with you which they tend to do when its not clear cut
this is an example of a driver orientated soft appeal
that is all that was required, it is nothing like your longer winded mitigation type of appeal, it is straight and to the point with no procrastinationDear Parking Eye
I am the driver of ( reg) and in receipt of your notice to driver xxxxx dated xxxxxx, all liability to your company is denied, so as the driver I wish to invoke your appeals process on the following:
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
Faithfully
The Driver
so I used a version of it to try to make it clear what PE should do if or when they reject the soft appeal, which is the most likely outcome , just to remove any doubt in their minds
clearly it was nothing like yours, but its similar to the standard soft appeal replies we issue every day on here
we tell members to forget what happened and concentrate on winning the case, by any means necessary , most of the correct info was given in the first 2 pages of this thread , a lot of which you have clearly forgotten, but I read it yesterday as I said, and linked the contact details you asked for in yet another thread you posted, where you actually gave out the wrong email address too , despite post #11 in here
so yes , procrastination , that is my opinion, having read this thread through more than once
sorry to say
ps:- I dread to think what would happen if PE issue a court paper from northampton (like KIFL says)0 -
OK, I now have a further response from Aldi saying that that they require evidence that the vehicle was parked for the purpose of shopping at the store. They are requesting that I return to the store and speak to the manager. If I can tell them approximately how much we spent and some of the items we bought, the manager will locate the receipt. How rediculous is that?0
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sounds reasonable to me , they are trying to help you and I provided evidence (and receipts) in a similar case recently and PE dropped the parking charge at the soft appeal stage where I included mitigation
https://forums.moneysavingexpert.com/discussion/4827711
a different retailer and retail park, but the system worked so I believe they are being reasonable and not ridiculous , so again that is just your opinion, whereas mine differs on that subject too
we did something similar with BHS in this case , just to be pro-active, but PE dropped the charge anyway0 -
Ok but bearing in mind this was 7 months ago, how do you expect her to remember what she bought or how much she spent?0
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OK, I now have a further response from Aldi saying that that they require evidence that the vehicle was parked for the purpose of shopping at the store. They are requesting that I return to the store and speak to the manager. If I can tell them approximately how much we spent and some of the items we bought, the manager will locate the receipt. How rediculous is that?
Do this in parallel with the driver's soft appeal.
If court papers land with you (and we are talking about the most litigious PPC of them all - up to 1,000 court claims per month), you can kiss goodbye to any further driver option - it will no longer be open to you, door slammed shut in your face.
As you seem to be having difficulty getting a straightforward soft appeal off, I'm afraid faced with writing a court defence based on legal and technical argument, then taking on a qualified, combative PE solicitor in court ......... well, you decide if you're up to it.
Time really is of the essence.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
I dont expect her to remember, its them who expect it, but I know that my missus tends to buy the same stuff week in , week out from asda on a regular basis, so IF your wife does the same then you just provide a list of items that she probably bought, perhaps you have similar ones in your cupboards right at this very moment ?
just seems to me you are looking for barriers to put up instead of finding the way to resolve it through mutual cooperation with the store
even if I hadnt been there I am sure I could write down a list of what I probably bought if I had actually shopped there , typical items for a weekly shop, plus any one off buys on special offers they may have had
stop being so negative and take the lead on this
not only that, if you hadnt ignored all the letters in the first place you would have more idea on a reply to this back in may or june 2013 , its your burying your head in the sand back then that is causing your stress now, but that is hardly their fault , as you elected to ignore the letters which led to the present fuss ( to be blunt about it )0 -
Do this in parallel with the driver's soft appeal.
If court papers land with you (and we are talking about the most litigious PPC of them all - up to 1,000 court claims per month), you can kiss goodbye to any further driver option - it will no longer be open to you, door slammed shut in your face.
As you seem to be having difficulty getting a straightforward soft appeal off, I'm afraid faced with writing a court defence based on legal and technical argument, then taking on a qualified, combative PE solicitor in court ......... well, you decide if you're up to it.
Time really is of the essence.
OK, now I really am confused......
The situation as I understand it is as follows:
I discharged my duty as the RK by naming the driver
As the driver hadn't been contacted, I contacted PE advising them of the driver's condition and requested a POPLA code to avoid the driver suffering further undue stress and anxiety(no response received)
They have now sent a PCN to the driver and the 28 days expire at the end of Jan
I have drafted a soft appeal that the driver will submit to PE
Why is everybody concerned that I'm about to receive a court claim in those circumastances?0
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