PCN - Parking Eye - ALDI Yarm (Stockton On Tees)

lazylenny

As a newbie, may I ask what I should do:

I (the Keeper) received a PCN from Parking Eye today (31/7/2014):

PCN Issued on 26/7/2014 for the event on 22/7/2014, charge of £70 by 23/8/2014 (or £40 if paid by 09/08/2014).

The incident:

The driver (the wife) parked in the 90min car park (exclusively for ALDI) and spent 1h 41min with ALDI (according to the PCN). Photos shown the time of arrival and departure.

The shopping receipt showed that she finished shopping within 84mins
but she went back to ALDI because of some small problems on the receipt - and it took 17mins to sort it out (in the end no change to the receipt or no issuing of a new receipt).

We went back to the ALDI shop today but was told that they cannot do anything as PE is an independent company. Argued for quite a while (the manager is not in, the assistant manager is serving on the till, so someone else was dealing with us), they took a photocopy of the receipt and the PCN, but I suspect that they will do anything. The only suggestion is that I call/appear to PE and while I appear I should pay to get the discounted rate.

I've read the early part of this thread and I'm thinking to use the shortened version for an online appeal. Now my questions, where should I put the mitigation (explaining the delay of leaving the car park due to receipt issue) into the template? In the 'mitigation' thread by da_rule on 30/5/2014, it actually suggests to put mitigation in when appealing to PE.

Not sure I should pay the £40 soon? We'll be away for holiday so surely will miss the discounted rate deadline.

Any help will be greatly appreciated!

xx
Lenny

esmerobbo

As much as I/we dislike Parkingeye, if you do a simple appeal and include a copy of the receipt if you still have it, they will normally cancel the charge. They say they don't have a minimum spend but we believe it is if you spend over £30.

If they reject at least you will have a POPLA code to beat them with. You will find all you need in the stickies regarding a first appeal to PE.

Dee140157

Definitely do not pay.
Appeal. Even if thy reject appeal, PE don't appear currently to be contesting any forum assisted appeals. If you look in the POPLA decisions thread, there are loads of decisions. Where PE didn't bother to turn up to POPLA with their evidence.

I think they just don't think it is worth bothering with the very small percentage that appeal.

lazylenny

esmerobbo wrote: »

As much as I/we dislike Parkingeye, if you do a simple appeal and include a copy of the receipt if you still have it, they will normally cancel the charge. They say they don't have a minimum spend but we believe it is if you spend over £30.

If they reject at least you will have a POPLA code to beat them with. You will find all you need in the stickies regarding a first appeal to PE.

Thanks.

I'm thinking to put an appeal online and have seen the shorted version done by others - but I'm not sure how/where to add the mitigation (overstay of 11min due to the extra time required to sort out receipt issue with the store), the template didn't give space for such info but under the "mitigation" thread, it is suggested to add such info in first appeal with PPC. The receipt showed a spend of £49

lazylenny

Dee140157 wrote: »

Definitely do not pay.
Appeal. Even if thy reject appeal, PE don't appear currently to be contesting any forum assisted appeals. If you look in the POPLA decisions thread, there are loads of decisions. Where PE didn't bother to turn up to POPLA with their evidence.

I think they just don't think it is worth bothering with the very small percentage that appeal.

Thanks for the suggestion. After getting no help from ALDI store, I ran the customer service this late afternoon and was given their parking department tel. Will call them tomorrow before deciding to put up an online appeal.

lazylenny

Below is the shorter version I copied from the other post, my question is: where should I add the fact that the shopping was done within 84mins (shown on the receipt) but extra time was taken to sort out some errors in the receipt (has to wait for the till to finish serving other customers and then check the item prices and then discharge the driver without any change to the receipt - since the overall price is the same). Can anyone advise? Thanks in advance.

--- template copied here---

Dear xxxxxxxx

re PCN number xxxxxxx
I have received your parking invoice impersonating a 'parking ticket' and will be complaining in the strongest terms to your client since I am no customer of yours and no longer one of theirs, now. No doubt you convinced them that your operation is some sort of 'parking space maximisation scheme' when it is nothing of the sort and is simply there to maximise your own profits.

I decline your invitation to pay or name the driver, neither of which are required of me as the keeper of the vehicle. This is my appeal and all liability to your company is denied on the following basis:
A The amount is neither a genuine tariff/fee for parking, nor is it based upon any genuine pre-estimate of loss.
B You are not the landowner and do not have locus standi.
C Your signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract.

If you choose not to cancel this invoice you must issue a rejection letter in reply to my appeal, explaining:
1 The legal basis of your charge (i.e. breach, trespass or contractual fee). As keeper, I cannot be expected to guess the basis of your allegation.
If you try to rely upon ParkingEye v Beavis at POPLA, I will point out that it was a flawed decision, it is not binding, and it is set for the Court of Appeal. There is clearly no commercial justification for this punitive charge and no case law to support it.
2 Proof of your locus standi to offer contracts to drivers at this site.
3 Your explanation of the consideration that you believe flowed from the driver, and from yourselves.
4 A copy of the signage site map and close-up pictures of the signs in situ at the time, taken at a comparable time of day in similar light conditions.
5 The means to make an appeal to POPLA, otherwise you will be reported to the BPA and the DVLA.

A certificate of posting will be obtained for all my written responses and I intend to claim my costs when I prevail.

Umkomaas

I wouldn't hit them with the template appeal if you've plenty of time left to get your initial appeal in. Just send them a general letter which says 'Look I was a genuine customer, got delayed at customer services over a query about some goods purchased that day. Here is a copy (not original) of my receipt for £49 as proof of my patronage of Aldi at (location) and I'd be obliged if you would cancel this parking charge please'.

If that meets with a negative response, then hit them hard with the template appeal.

They do respond positively to a civil request with a receipt for £30+. Might save the hassle of going to POPLA.

Dee140157

I wouldn't waste your breath ringing Rachel at Aldi. You only have to look at the Aldi Facebook thread on here to see what reactions people get when they ring!

Minor change:

I am no customer of yours and no longer one of Aldi

You could add the brief details of your stay in store in a short paragraph after this one if you wish then carry on with appeal as written.

Dee140157

Different advice from above, but Umkomaas' advice is good too. Uncanny always hold off on appeal for a week or two as long as you are not likely to forget.

People do,panic about getting it by day 3 when you in fact have 28 days to appeal.

Umkomaas

Dee140157 wrote: »

Different advice from above, but Umkomaas' advice is good too. Uncanny always hold off on appeal for a week or two as long as you are not likely to forget.

People do,panic about getting it by day 3 when you in fact have 28 days to appeal.

It worked for someone I was helping off-forum, but that was before PE started getting all shirty and litigious. But it's the least confrontational at this stage, and with the above-minimum receipt, I'd be quite surprised if it failed. (Or there again, perhaps not. :rotfl:)

Sometimes there's more than one way to skin a cat and as most OPs are looking to win their own little skirmish, rather than seeking to win the war - as most regulars are - it's a strategy worth a shot.

lazylenny

Dee140157 wrote: »

I wouldn't waste your breath ringing Rachel at Aldi. You only have to look at the Aldi Facebook thread on here to see what reactions people get when they ring!

Minor change:


You could add the brief details of your stay in store in a short paragraph after this one if you wish then carry on with appeal as written.

Sorry I didn't quite get what you mean. So the parking department of ALDI is not going to be helpful at all in this case?

Do you mean add a short paragraph to the end of the short template? That means I'll need to cut down the template to fit the 3000 word limit.