Parking eye/Aldi

LauraSt

We are appealing a Parking Eye charge at an Aldi car park.
Charge for overstay of 12 minutes.
we'd be grateful for help. Appeal will be on the points listed below.
Are we on the right track? Hopefully this makes sense.
Thanks for any input.


Two entrances to the car park. Only one has a sign which informs drivers there is a max stay. The sign with this information is on a busy dual carriageway. Time of my alleged offence was an extremely wet, dimly lit and busy Saturday in the run up to Christmas – photo shows car headlights on.
Photo also clearly shows a baby in car sign in rear window.

Appeal Point 1
APNR equipment shows entry and exit times but does not indicate parking time. Signage does not give operating times.
[FONT=&quot]ANPR equipment means an automatic number plate recognition system.This will include physical hardware, such as cameras and servers, and software, and is used
to photograph and record vehicle registration marks. Photographs are taken at the entry and exit points of a car park showing when a vehicle arrives and when it leaves. ANPR is used to manage, control and enforce parking on private land.As long as the equipment is properly managed and maintained it can be an efficient way to manage a car park without the need for onsite staff.

[/FONT]
Appeal point 2 :Entrance sign
Sign has a tiny image of a camera (ANPR), which I have only seen by going back to take photos close up, as a pedestrian. A driver would not see this under normal driving conditions. As stated, visibility was reduced on the day in question.
Additionally No entrance sign exists on the 2nd entrance. Therefore there is a discrepancy in the entrances with drivers entering one entrance at a disadvantage from those entering on the other entrance.

APNR sign is too small to be visible under normal driving conditions.


Appeal point 3
Unclear signage/ contradictory
The NTK and appeal rejection letter states there is a max stay on site of 1 hour 30 minutes. Car park signs state there is a maximum parking time of 1 hour 30 minutes.
PE claims there is maximum stay ON SITE (signs says parking time) – but without synchronisation of time pieces who would know exactly when ON SITE began and ended.
Signs do not indicate that parking time starts on entry to the site.


Appeal point 4 Grace periods.
BPA Code of Practice allows for Grace periods – a minimum time of 10 minutes to leave after the parking contract has ended (Parking contract is 90 minutes –see point 3 above)
Grace period should allow driver to find a space to park.

Max stay does not cater for time taken to find a space in particular a parent/toddler parking space, which often necessitates waiting while someone else unloads their trolley+ child (see baby in car sign) or may involve letting other drivers manoeuvre into parking bays (both on entry and exit).

No grace period for finding a parking space if parking begins on entry to site.


Appeal point 5 Contract – Unfair contract
“Code of practice 18.3 Signs must be conspicuous and legible (small print is tiny and sign contradicts PE letter) and they have chance to read them at time of parking or leaving vehicle”
18.5 Driver must have chance to read T&C before entering into contract with you –

– but if as PE quotes “maximum stay” how can one enter into a contract if one does not know the time the ‘alleged’ contract began (and therefore when it ends)
Disabled motorists – one sign has to be readable without leaving vehicle. Not readable at that height, or that size print. Small print barely readable when up close.
NO mention of VAT on invoice, therefore no service contract and must therefore be a fine or penalty.
Where does this sit with new Consumer Act 2015?
Signage says PE not liable for surface,damage or loss to or from vehicles, or general site safety.



Appeal point 6: ANPR technology
21.1 [FONT=&quot]You may use ANPR camera technology to manage, control and enforce parking in private car parks, as long as you do this in a reasonable, consistent and transparent manner.Your signs at the car park must tell drivers that you are using this technology and what you will use the data captured by ANPR cameras for. [/FONT]

Inconsistency – no sign at 2nd entrance.
Signage does not say what the data will be used for other than “compliance with the parking contract”.
By comparison local Sainsburys says “We are using cameras to capture images of vehicle number plates and to calculate the length of stay”.
(It has clear ANPR notices on entry and displays number plate and expiry time).

Appeal point 7: Terminology of letter.
Parking charge is discounted if paid within 14 days of the date issued: DATE
Date given is not the date of issue. It is 14 days from the date of issue of the PCN, but letter is confusing and suggests payment would be discounted with 14 days of the date followed by the colon.


Right to charge.
Not sure if there is proprietary interest in the land.
Can we say :
A commercial site agent for the true landholder has no automatic standing, nor authority in their own right which would meet the strict requirements of section 7 of the BPA Code of Practice. We therefore put PE to strict proof to provide an unredacted, contemporaneous copy of the contract between PE and the landowner, not another agent, retailer or other non-landholder.
Or
[FONT=&quot]1) We contest the legality of Parking Eye's right to issue parking charges on this land and require to see the contractual agreement between Parking Eye and the landowner.[/FONT]

Coupon-mad

Are you at POPLA stage? If not, just send the short template appeal from the NEWBIES thread by submitting it online to PE, calling the appellant the registered keeper only.

Attach a copy of the driver's receipt if you have one but don't call it 'my' receipt.

Please read the NEWBIES thread. If you are at POPLA stage, read post #3 of it for POPLA examples and then post again.

Ralph-y

and .... and complain to Aldi if you have a receipt!

Ralph:cool:

Daniel_san

100% complain to Aldi also, ideally including a copy of your receipt from that date to show you spent money there. This SHOULD be the easiest way to deal with this, assuming Aldi value your patronage!

yotmon

Mentions it was a Saturday on the run up to xmas, so as it was anpr, i'm guessing it's a popla appeal.

Half_way

these are easy to cancel in store, just go in, complain and talk them to cancel.

catfunt

Half_way wrote: »

these are easy to cancel in store, just go in, complain and talk them to cancel.

But continue with the POPLA appeal as well (don't take your eye off the deadline - when is it?), polish up as necessary and repost for critique.

LauraSt

It's already a POPLA appeal. Parking eye rejected. Aldi, didn't even answer the complaint.
Unfortuately I paid in cash that day, and don't have the receipt - didn't keep it longer than a week as was not expecting anything like this.

Will polish it up and re-post. Can't do that until tomorrow.
Date is imminent though - Weds this week.

Thanks for help thus far.

Ralph-y

do you shop there often ?

do you have any receipts from such?

or bank statements showing transactions ?

do you have much of any branded food from that day ?

do you / can you get any witnesses ?

have you tried posting on the Aldi facebook page ....?

Ralph:cool:

beamerguy

LauraSt wrote: »

It's already a POPLA appeal. Parking eye rejected. Aldi, didn't even answer the complaint.
Unfortuately I paid in cash that day, and don't have the receipt - didn't keep it longer than a week as was not expecting anything like this.

Will polish it up and re-post. Can't do that until tomorrow.
Date is imminent though - Weds this week.

Thanks for help thus far.

Aldi customer service is terrible. As said if you can prove that you shop at Aldi contact the CEO

Aldi Stores Limited

Mr Dan Ronald Managing Director

Email dan.ronald@aldi.co.uk

Either Dan wants you and your friends to shop at Aldi, or would he prefer you change your loyalty to Lidl down the road, that's Aldi's brother by the way.

READ THIS
http://parking-prankster.blogspot.co.uk/search?q=aldi

Still carry on with your appeal and let us know

Umkomaas

1. Raise a sh|tstorm on the Aldi Facebook page.
2. If you go into the store and recall the date and roughly the shop content you purchased, Aldi can pull up the receipt for your spend that day.
3. Use that receipt confirmation to shove up PE's nose for a cancellation.