Supermarket PCN - advice request

paddy99_2

Hi


I have received a PCN from Parking Eye relating to a free supermarket car park. I have returned to the car park since and confirm signs are visible and state "1 1/2 hours max stay. Aldi customers only, for use only while shopping in store, failure to comply with this will result in a Parking Charge of £70, parking limited to 1 1/2 hours (no return within 4 hours)".


The cameras onsite photographed me leaving 2 hours 4 minutes after I arrived - I didn't see the signs - so they appear to have me bang to rights on breaking their rule.


After going through your very helpful forums and templates I intend to appeal on the grounds of no pre-estimate of loss as the car park is free at all times, and there is no other chargeable parking in the area that could be used to calculate an equivalent loss of parking income. However there are a couple of other points I would like advice on whether to mention either in my initial appeal, or any subsequent appeal to POPLA:


1) The site is named on the PCN as "ALDI Bristol". Aldi's website lists seven stores with a Bristol address, and the photos of my car only show completely unidentifiable road, so is it worth arguing that the PCN is invalid because it does not properly specify the relevant land on which the vehicle was parked?
2) The PCN also states "The signage, which is clearly displayed at the entrance to and throughout the car park..." There are two entrances to the car park and there is not a sign placed at either, although there are several in other places. Can I use this to either suggest I did not see the signs, or that because the PCN is factually incorrect that invalidates it?
3) I was shopping at Aldi for part of the time I was there with three small children. Is it worth going for the sympathy vote that it took longer than usual because of them?
4) Is it worth throwing in your standard template point about the possible inaccuracy of cameras? It seems like the "no return within 4 hours" point may blow my chances on that one, but does a scattergun approach work anyway?


As a final query, the letter gives the option of appealing either in writing or via their website; is there any evidence that one method is more reliable than the other?


Thanks.

Half_way

they appear to have me bang to rights

Bang to rights??????

the only people who should be Banged are those at Aldi who though it would be a good idea to let a company such as parking eye infest their land.

Ok, here goes read the sticky thread, please keep any time limits for replying in mind.
If possible go to the Aldi store...

Store manager : hello, on the <DATE> my vehicle was issued with this ( show him a copy of the PE notice) unlawful paenalty charge by your agents parking eye.
As parking eye are your agents you are fully responsible for their actions, and as such i am demanding that you cancel this charge notice with immediately by calling them on the number that you have in your office.
I am reluctant to deal with a company as dis reputable as parking eye and I am shocked that you think it is acceptable to have them operating on your car park
As they are your agents you are legally liable for their actions, if you refuse to cancel this and tell me that I have to phone a number/contact someone at parking eye then I will be holding You liable for my costs/any costs that I incur as a result of your unreasonable actions.


Keep a time sheet/log of the amount of time you are spending on this

paddy99_2

Thanks for the reply, but I don't really go in for personal confrontation, I'm too placid!


Any thoughts about my queries above would be welcome.

Half_way

You dont need to be confrontational, the above is just a worse case scenario to give you an idea, if you go in and ask politly then theres a good chance you can see this thing off without having to deal with parking eye/popla etc.

1) The site is named on the PCN as "ALDI Bristol"

doesnt matter they can say you were parked on the moon for all its worth.

2) The PCN also states "The signage, which is clearly displayed at the entrance to and throughout the car park..."

the signage is gibberish, and according the the British parking association limited, its only there as guidelines.

3) I was shopping at Aldi for part of the time I was there with three small children. Is it worth going for the sympathy vote that it took longer than usual because of them?

you wont get much sympathy all parking eye want is your cash before the partys over - you could try mentioning that you had small children with you but it will probably fall on deaf ears at parking eye.
complain to Aldi and you may get some more mileage in that.

4) Is it worth throwing in your standard template point about the possible inaccuracy of cameras? It seems like the "no return within 4 hours" point may blow my chances on that one, but does a scattergun approach work anyway?

yes you can bung that in.

however a complaint to ALDI will be a far easier way to see off parking eye - be polite be firm, there's no need for out right in your face confrontation.
however be aware that the clock is ticking and parking eye are a nasty lot

Umkomaas

Do you have receipts/bank or credit card statements to prove shopping at Aldi on the day?

paddy99_2

I don't still have the receipt but can show them an extract from my bank statement to prove a purchase.

Coupon-mad

OK then your appeal will win if the spend was over £30 and you use a shortened version of the template first appeal from the Newbioes thread - in fact all you need is 'here is my bank statement - I am a genuine Alsdi shopper, how dare you, you bunch of toerags!* And by the way your charge is not a GPEOL so please cancel it.'

Just do the appeal online in minutes to PE. DO NOT put 'driver' nor 'driver and keeper'!! Put 'registered keeper' (only) as the menu choice.


* maybe remove that bit...too confrontational but you get the picture as to why you are NOT 'bang to rights'!

Marktheshark

Are you going to shop there again ?

Umkomaas

paddy99 wrote: »

I don't still have the receipt but can show them an extract from my bank statement to prove a purchase.

OK, thanks for confirmation.

Use the initial appeal from the NEWBIES FAQ sticky, but you'll need to crop it down a bit (start by leaving out the 'rant' bits) as you only get 3,000 characters on the PE web appeals portal. It may be you just need to put the key bullet points in the portal window and attach the full blown one via a Word document as an attachment (they have an 'attachment' button alongside the portal window).

Add to the bullet points 'The driver (NB 'the driver', not I, me, or myself) was a genuine shopper at ALDI that day and here is the proof of expenditure shown in the attached bank statement'.

Redact the bank statement of anything of a sensitive nature and attach it as a further file to your appeal.

The main thing with PE is to work within their timescales, which denies them the opportunity to give you further hassle. There is now a well established path which shows that PE cancel charges on receipt of our forum appeal, and this is further reinforced where proof of being a 'genuine customer' is provided.

Stay within their timescales and you should have no further trouble with this. Get on with it!

HTH

paddy99_2

Thanks all for your replies, particularly Umkomaas. I have submitted my appeal via the PE website, starting with the genuine customer bit, then the GPEOL bit. I'll update when I get a reply so you can hopefully add another happy forum user to your stats.

Fruitcake

paddy99 wrote: »

Thanks all for your replies, particularly Umkomaas. I have submitted my appeal via the PE website, starting with the genuine customer bit, then the GPEOL bit. I'll update when I get a reply so you can hopefully add another happy forum user to your stats.

If parking lie don't cancel they will provide you with a PoPLA code. You use that in conjunction with the How to Win at POPLA section of the NEWBIES thread and win.

Have you complained to Aldi? You should. If they don't get the ticket cancelled, find a decent shop that doesn't allow their customers to be ripped off, but make sure you write to the Aldi manager telling them why you are an ex-customer.