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Parking Eye (Aldi Car Park)

Hi, could somebody please help me out....
I received a Parking Charge Notice from Parking Eye for £70 for overstaying the free 90 minutes parking by 17 minutes at an Aldi store car park. This seems harsh and also unfair for overstaying for 17 minutes, especially that the car park is free and that shopping was done in the store. Unfortunately, there are no receipts available but a debit card was used so bank statement can be provided, if needed. The parking Charge Notice was issued some time ago and now a reminder has been sent and yes I have both notices. Please before you ask it's something I was going to act on but just forgot about it until I got this reminder.

I have read some of the NEWBIE threads and here is what I have come up with as first step in launching an appeal. Can someone advise if this is right.

Dear Parking Eye,

As the registered keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to your company is denied on the following:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with the BPA Code of Practice
3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass
4) The driver was a paying customer when they parked at the retailer's car park on that day.


These points and others will be raised with Popla should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.

If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Please issue your cancellation within 35 days of this letter, or forward a popla verification code.

Faithfully

Should I add anything else, please advise, I have only 12 days in which to start the appeal process. Not panicking yet and from what I have read I don't think I should be.
«13

Comments

  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    How about;

    1) I was a paying customer and here is proof.

    Before the first 4 points? It is easier to make it easier!
  • hoohoo
    hoohoo Posts: 1,717 Forumite
    +1 to that. Pe usually cancel if you prove you are a customer. You can attach a copy of your bank statement. Do it online today
    Dedicated to driving up standards in parking
  • Umkomaas
    Umkomaas Posts: 43,843 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Don't delay any further on this as PE focus on 'ignorers' for pursuing county court claims. Your bank statement is definitely your key weapon here.

    Get the appeal off 'soon as'.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • You may also wish to contact the manager of the Aldi store + their facebook page + twitter and ask if they think that being charged £70 for a short overstay in a free car park whilst you were shopping is fair. Because Dave Smith of the BPA doesn't think its fair as he stated on a recent radio interview. He also stated that its rare for tickets to be given out for short overstays, because their is a "human element" that checks these things. Guess not in your case.
  • These so called 'Parking Fines' are illegal and unlawful. The first step is to ask how they got your details, if they were from the DVLA then they can not be used as it is a breach of the Data Protection Act. I deal with these bods for clients all day long and know how they will bully but if you stand your ground they go away.
  • Here is the script of what Dave said on the radio interview:

    http://forums.moneysavingexpert.com/showpost.php?p=67510399&postcount=1
  • Umkomaas
    Umkomaas Posts: 43,843 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    These so called 'Parking Fines' are illegal and unlawful. The first step is to ask how they got your details, if they were from the DVLA then they can not be used as it is a breach of the Data Protection Act. I deal with these bods for clients all day long and know how they will bully but if you stand your ground they go away.

    i don't know what you're advising your clients - but you're wrong!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    What amazes me is how anyone can spend that long in Aldi. Even the Memsahib, who can shop for England, can only last an hour there.
    You never know how far you can go until you go too far.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Umkomaas wrote: »
    i don't know what you're advising your clients - but you're wrong!

    Indeed, on several counts. Another mine of misinformation I fear, I wish they would go elsewhere.
    You never know how far you can go until you go too far.
  • Jim_AFCB
    Jim_AFCB Posts: 248 Forumite
    Sixth Anniversary
    These so called 'Parking Fines' are illegal and unlawful. The first step is to ask how they got your details, if they were from the DVLA then they can not be used as it is a breach of the Data Protection Act. I deal with these bods for clients all day long and know how they will bully but if you stand your ground they go away.


    Totally wrong! It is that kind of info that can lead people to get a county court claim from Parking Eye...

    Do a forum search for "KADOE" and you will see that they can. Not that we think it is right and fair,of course.

    For the best advice,you need to be pointing your clients to this forum, and in particular, the "stickies" at the top.
    Bournemouth - home of the Mighty Cherries
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