Aldi Parking Fine

Unky_Al

Good morning,

I'm just about to appeal the PCN via the PE website. I have used the standard template and added a point D as suggested by Redx. Does it look ok to send??

Thanks

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.
D The driver incorrectly entered the wrong registration, the driver entered details of the other car in the household which is also registered to me. If you check the records on the date in question you will find registration no XXXXX (Blue Ford Focus) entered but no photo of the vehicle and find that there was no attempt to ignore any rules of 'Free' parking and is a genuine mistake. I have spoken to Aldi and they have all of the details to pass to you and have promised that you will call me regarding this to discuss cancelling the PCN.

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 or the IAS.

Redx

seems ok providing it doesnt exceed their "word count" etc for online appeals

remove or the IAS in the last bit as it doesnt apply

Dee140157

This is fine. If you have a copy of the receipt, (or the card statement showing the purchase even though it will show up a day or two later) send a copy too showing you were a customer. (This could be point E). You will need to redact the statement if you use it of any information they don't need to know. Your transaction will have a unique reference.

Umkomaas

5 The means to make an appeal to POPLA or the IAS.

As this is PE, you won't be making any appeal to the IAS (that's for IPC AOS members). It's POPLA for PE.

Unky_Al

Just had a phone call from Aldi, they have checked the records and can see the reg no I input in error and are will be contacting PE to cancel the charge and to send it me in writing. Thanks for everyone's help

Umkomaas

Keep an eye out for a cancellation notification from PE (also check out their website where you can input your VRM to query the current status of your PCN).

Remember this is a PE charge, not an Aldi charge, so you need final, unequivocal confirmation from PE.

If I were you I'd email Aldi, thank them for their intervention and ask them to confirm your understanding that they have contacted PE to facilitate the cancellation of this charge.

This makes it easy for them to pop a quick sentence of confirmation and hit the Reply Send button. Then you have some written proof from the contract principal, should you ever need it.

Take nothing for granted in this game!