Parking Eye - Aldi

Coupon-mad

Hot_Bring wrote: »

Never believe a post count

Happy New Year, Hot Bring!

4consumerrights

Coupon-mad wrote: »

Happy New Year, Hot Bring!

:cool:And the same from me too Hot Bring - Happy New Year(pm sent);)




@ Stonker - glad that finally you've sent the letters - Phew! - you seem a little more relaxed now! Wait until you receive the POPLA code and then come back to thread to edit and post up final version before submitting.

The POPLA code is strictly time sensitive - so no procrastination here plesae - the code and length of time to use can be checked on Prankster's blog:

http://parking-prankster.blogspot.co.uk/2013/07/what-does-my-popla-code-mean.html

Stonker

Don't worry, I'll be back when I get the POPLA code. I already have a draft.

Stonker

Here's my soft appeal:

Dear scammers, sorry about the overstay in the car park that you don't own and in which you have no authority to issue fake parking tickets. Unfortunately, my partner went shopping in Aldi and got abducted by aliens. She did manage to call me though before the flying saucer got out of radio coverage to ask me to collect the car.

The aliens have now contacted me and said that they are holding her to ransom and are demanding a POPLA code. I don't even know what that is, you wouldn't happen to have a spare one laying around would you? They are demanding this within 35 days, I sincerely hope you can help?

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OK....I'm joking

Coupon-mad

Happy New Year!

Stonker

Thanks. And you all you good people too

Stonker

OK, I wrote back to Aldi and have now received a further reply. Here are excerpts from their reply and my thoughts on them:

‘This system is inplace to ensure free parking for the sole use of our customers while shopping in our store’

1. I fail to understand how an ANPR system ensures free parking for your customers if parking is free with or without the system. Are Aldi saying that the fake parking ticket is punitive and is to deter people from staying longer than xx minutes?
2. Aldi need to explain why the charge is set at such an outrageous level?

‘Our research has shown that customers seldom spend more than xx minutes shopping at our xxxx store’

3. I do accept this argument and the mere fact that none of my own visits to a number of Aldi stores have resulted in receiving a fake parking ticket would demonstrate that I have always completed my shopping within any perceived time limit. However, your use of the word seldom does imply that on occasions this is not the case. I cannot therefore see the validity of making the statement
4. Once again I refute that any contract existed limiting the allocated time to xx minutes
5. The signage does not comply with the BPA Code of Practice and as a result my partner did not see, read or understand the signs and therefore had not agreed to or accepted any time limit
6. If the xx minutes could be established as a contractual obligation then I claim it to be an unfair term of contract. It was not made clear to my partner at the time that the contract was made
7. My partner had been diagnosed with anxiety and depression and as a result is allowed longer time to complete her shopping under the protection of the Equality Act 2010. By even issuing her with this fake parking ticket and pursuing her for payment (having already been informed of her condition by the Registered Keeper) you are neglecting you’re duties under this act.
8. The only evidence presented for this overstay are 2 photographs of the vehicle apparently entering and leaving the car park. As these photographs are time stamped, Aldi must consider whether these time stamps can be relied upon and how in my case, whether the evidence is materially different from the flawed ANPR system which was wholly responsible for the court loss recently in ParkingEye v Fox-Jones on 8 Nov 2013. That case was dismissed when the judge said the evidence from ParkingEye was fundamentally flawed because the synchronisation of the camera pictures with the timer had been called into question and the operator could not rebut the point. Additionally, Aldi should verify whether the ANPR cameras used were fully compliant with Section 21 of the BPA Code of Practice in their installation, operation and use
9. Under the BPA Code of Practice, a Period of Grace should be allowed. I argue that the overstay in question is not excessive, especially when considering my partner’s protection under the Equalities Act 2010

‘We do realise that some customers will overstay in our car parks for genuine reasons, however, we do need to ascertain that this is the case’

10. Once again, my partner had been diagnosed with depression and anxiety and is protected under the Equality Act 2010. Are Aldi claiming that this is not considered a ‘genuine reason’?

‘we ask that the customer either informs a member of Management that they overstayed to avoid a charge being generated……’

11. Aldi need to clarify exactly where they ‘ask’ this

‘……or in cases such as yours, ask that the customer demonstrate that they shopped in store with us on the day in question’

12. As this event occurred 7 months ago, it is unreasonable to request this
13. I gave Aldi a list of items that we regularly buy as they said that the Store Manager would be able to locate the receipt and cancel the charge. There is no evidence that an attempt has been made to do this
14. On the basic principle of the defendant being ‘innocent until proven guilty’ this claim is unreasonable given the time that has passed since the event
15. Due to my partner’s condition, it would have been impossible for her to park in the car park for any other purpose. On the ‘balance of probability’ she would have shopped at Aldi
16. The allegation on the fake parking ticket is that there was an overstay, not that the driver had not shopped in Aldi. Requesting this evidence is an therefore an obfuscation and has no legal standing in terms of proving the case

‘as you have been unable to provide us with a receipt or proof of purchase for the day you received your parking charge, I regret to inform you that I am unable to cancel this notice for you on these grounds’

17. I am not asking Aldi to cancel this fake parking ticket on the grounds that my partner made a purchase from Aldi at all, I am asking that it be cancelled on the following grounds:
a. Aldi and their agent are illegally pursuing a driver who is protected under the Equality Act 2010
b. The fake parking ticket is nothing more than a speculative invoice raised against an alleged breach of contract which you well know is totally unenforceable
c. No contract existed and there can therefore be no beach
d. If a contract had been breached, your invoice could only be for a ‘Genuine Pre-Estimate of Loss’ (this point alone is winning every appeal submitted to POPLA)
e. In a free car park, there is no loss
f. Above all, we want to remain customers of Aldi and fail to see why you are continuing with this ridiculous illegal and unenforceable action

‘however, there are other options that we may be able to pursue and I would kindly ask you to kindly contact me on xxxx xxxxxx to discuss in full

18. Bearing in mind that Aldi have totally neglected their duties under the Equality Act 2010 and are illegally pursuing a disabled driver for a fake parking ticket that has absolutely no legal standing, I really can’t see the benefit of calling to discuss ‘other options’

kirkbyinfurnesslad_2

Was it signed by Laura or Rachel?
No need to hide the numher its well known

Stonker

Rachel..........

Stonker

So should I reply making these ponts to Rachel?