Parking Eye - Aldi

Stonker

I have already tweaked that letter that you drafted before (as mt partner was the driver not the RC). Do you want to see my draft?

Yes for naming of the driver, we can use another address as she has other mail sent there anyway

Coupon-mad

Sounds good, and yes do show the draft if you like, we can help.

Stonker

Dear Sir/Madam,

I am writing on behalf of my partner who is a driver of vehicle registration number xxxxxx. I was sent out of the blue, a fake parking ticket from 'Parking Eye' for an alleged 'overstay' when shopping at Aldi. Due to her medical condition (depression) this would have worried and intimidated her so much that I only now feel that she may be strong enough to discuss the matter

Why am I writing to Aldi and Parking Eye you may ask, why doesn't she just 'appeal'?

The answer is, because of her depression she would find that a very difficult task. Furthermore, she doesn't have to 'appeal’ as she is covered by the Equality Act 2010. A demand for money such as this, caused purely by her needing to take longer to make purchasing decisions, is illegal. Both Aldi and Parking Eye are jointly and severally liable for this illegal harassment.

For the avoidance of doubt, I suggest an informed person at Aldi reads the Equality Act 2010 ('the Act') definition of disability and takes on board the fact that someone is covered and protected by that law if they have 'protected characteristics'. This includes any long-term condition that affects daily life such as depression. There is no requirement for a 'Blue Badge' or any other proof of disability to be shown at the Customer Service desk. It is a simple fact that Parking Eye cannot hold 'protected' people (disabled, elderly, and even new mothers nursing babies) to the same maximum parking/shopping time limit as able-bodied shoppers.

I know that both Aldi and Parking Eye are already aware of this issue because in at least one store (namely Leyland, PR25 2LR) you issued this leaflet as mentioned in a forum discussion about Parking Eye at Aldi:

http://forums.pepipoo.com/index.php?showtopic=77891

The mistake you are making even with that leaflet, is to rely on the Blue Badge scheme which is not the only indicator of a medical need protected by the Act, especially when it comes to parking time limits. There are many more protected disabilities than mobility issues, any number of which could cause a person to need longer to shop as my partner does. And as I suspect someone in both companies knows very well, both Aldi and Parking Eye as your agent, have a legal duty to consider up front the needs of disabled and other visitors whose protected characteristics may legally require you to make proactive operational 'reasonable adjustments' at every store. You must take action in advance (not just as a knee-jerk reaction to complaints like this) in order to comply with the Act and not leave yourselves open to quite possibly being sued for damages arising from discrimination and harassment. Neither is it enough as a general policy for you to simply cancel these 'fake PCN' threats on a case-by-case basis, as most vulnerable people would have been taken in by this I am sure.

What do I want Aldi and Parking Eye to do about it?

In my partner's case I do of course require the fake parking notice to be cancelled forthwith and I would suggest an apology from both companies should be sent to my partnerter for this harassment. I also require the VRM of both our vehicles to be added to your 'white list' at that store and other local stores (particularly xxxxx where we also regularly shop), containing details of 'protected disabled' visitors so that she never receives another unwelcome and frightening Notice like this just for shopping at Aldi. I would also appreciate your information as to how you - Aldi - now plan to prevent this from happening to other customers at Aldi stores, who may not have Blue Badges but who may well have a variety of medical conditions or simply be elderly and slower than younger customers.

If Parking Eye refuse to cancel this 'ticket' then I invite them to reply to me at the above address stating their reasons and giving me a POPLA code and I will be more than happy to show POPLA the illegality of this ticket and to raise with other authorities and indeed the press, this shocking example of disability discrimination shown by Aldi and Parking Eye.

yours,

Coupon-mad

Actually that would be fine to use, and meanwhile send PE a simple 'naming the driver' letter.

Stonker

will do. thanks

Out of interest, can PE camera timings be believed?

Coupon-mad

Nope, look at ParkingEye v Fox-Jones which is a court case PE lost recently. We don't know the case number but it was the fact that PE couldn't rebut the assertions about their ANPR system's 'lack of synch' which won that defence:

http://forums.pepipoo.com/index.php?showtopic=84719&st=0

... I think the outcome of the hearing is on page 3 of that pepipoo thread.

Stonker

I'll have a look at that as in spite of her condition, she didn't actually think she had been that long.

I might just have a look at the PE website today and check the status of my PCN

Stonker

They seem to be claiming considerable success: http://www.parkingeye.co.uk/News


They are also claiming that there are no concessions for blue badge holders: https://payments.parkingeye.co.uk/Info/BlueBadgeHolders

Umkomaas

You might want to note the date of the latest update - September!

There's a number of court cases they've lost in the past 3 months that they're not crowing about. Plus every POPLA case assisted by the forums they have lost. Not much about them, either

Stonker

I guessed as much!

I guess they do anything they can to intimidate you