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Aldi Parking Eye

Hello guys,
I over stayed in an aldi car park by 16 mins (1hr 46 mins)
I appealed to ParkingEye, with numerous points. One being their authority to issue PCNs on the land. They said in their reply they did have authority but did not (as I asked) provide evidence of this. They rejected my appeal. So I have gone to Popla with it. I a,m hoping to win my appeal on the grounds that they have not provided evidence of being authorised to issue tickets. Can they send the contract to Popla and not me? And win? I am concerned that they can. They should send it to myself in my opinion when asked.

Also I made a few other arguments, one being it is an unfair charge and for them to explain how much loss they occurred, and that it should prove to me that their was a loss suffered. In there reply they just quoted the old chestnuts.. Court cases! Which to me were utter !!!!!!!! and meant nothing.

Finally the signage in the car park itself is small and very high up, and on their PCN they said the signage is clear on entry to the car park. I did not see these signs, I have sent the photos to Popla. The sign on entry is on a left hand bend and placed on the left hand side at such an angle it is not clear and you would have to take your eyes off the road ahead to see it.

Do you think I will win at Popla guys? I am dreading not!

Comments

  • Half_way
    Half_way Posts: 7,532 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    the easiest way to beat pe@aldi is to complain to aldi
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • tykesi
    tykesi Posts: 2,061 Forumite
    1,000 Posts Combo Breaker
    Bit irrelevant asking now as you've already submitted it. Your content sounds ok but it could depend how it was worded.
  • Yeah it is irrelevant now I guess. I sent it before coming across this site, I used parkingcowboys website to help me word it.
  • Umkomaas
    Umkomaas Posts: 43,729 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yeah it is irrelevant now I guess. I sent it before coming across this site, I used parkingcowboys website to help me word it.

    Do you mean you paid PPA (£18?) to write your POPLA appeal? If so, it will have been very professionally drafted with a good chance of success.

    But the new POPLA is - well - new, around a month old! And we haven't yet seen the full panoply of decisions from them so cannot predict with the certainty we once could with old POPLA (now defunct).
    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
  • g0wfv
    g0wfv Posts: 212 Forumite
    Fifth Anniversary 100 Posts
    To answer one of your questions, if PE send the contract to POPLA (unlikely) chances are it'll be heavily redacted so as to obscure things to the point POPLA won't be able to tell who has what authority!

    What is more likely is that PE will issue a statement in their evidence that they “… can confirm that the above site is on private land, is not council owned, and that we have written authority to operate and issue Parking Charge Notices at this site from the landowner (or landowner’s agent).” and may back it up with a witness statement.

    Any evidence they submit to POPLA to support their claim, they must submit to you (and will - eventually!)

    Be sure to rebut it robustly when the time comes!
  • Coupon-mad
    Coupon-mad Posts: 155,392 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    New POPLA will email you when they get the evidence on the Portal but you will NOT be able to view it there.

    PE will have to post or email the same evidence to you and if it does not arrive within 2 or 3 days, reply to POPLA's email and tell them you need an extension of time as you have not yet had the evidence. If it still does not arrive, complain to the BPA by email.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • g0wfv wrote: »
    To answer one of your questions, if PE send the contract to POPLA (unlikely) chances are it'll be heavily redacted so as to obscure things to the point POPLA won't be able to tell who has what authority!

    What is more likely is that PE will issue a statement in their evidence that they “… can confirm that the above site is on private land, is not council owned, and that we have written authority to operate and issue Parking Charge Notices at this site from the landowner (or landowner’s agent).” and may back it up with a witness statement.

    Any evidence they submit to POPLA to support their claim, they must submit to you (and will - eventually!)

    Be sure to rebut it robustly when the time comes!




    but in the case of Aldi , do they have the authority to continue to court?


    cant recall seeing a PE/aldi case that has gone this far , for quite a long time
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