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Parking Eye fine

Hi,

I was issued a PCN for overstaying at an ALDI carpark, there signage is unclear and i did not realize I was in breach as I am a disabled driver and have a blue badge which i displayed clearly on the dash, elsewhere in the immediate vicinity i can park freely for 3 hours.. I spoke to ALDI who informed me that they do not issue charges for disabled drivers but I should have given them a copy of the blue badge so i can overstay. This is not mentioned on any signage so is the basis of my defense.

I appealed to parking eye who refused then to POPLA who also now refused.

I read the guidelines on what to put in the POPLA appeal and included my additional defense so was disappointed somewhat with there decision to decline my appeal.

Ive asked several times for a copy of there disabled rules and contract with the landowner as this would have a clauses I believe for genuine customers and disabled drivers but they say its commercially sensitive and provided me with a letter of authority. I still cannot understand if disabled drivers are exempt.

I can provide documentation but would rather send to known forum members than post publicly.

So should i now pay? ideas?

Comments

  • Fruitcake
    Fruitcake Posts: 59,504 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do not pay.


    Write a very strongly worded snottogramme to the CEO of Aldi explaining that they have failed to make allowances for disabled customers which is a breach of the Equality Act 2010. Requiring disabled customers to do something that non-disabled people are not required to do is discrimination.
    Include copies of your receipt/bank statement and your blue badge.


    Write rude things on their Fakebook page saying how disgraceful Aldi are, contact the local press, and complain to your MP.


    Aldi are well known for this sort of thing and really don't care about their sub-contractors ripping off genuine customers. However, there appears to be an unpublished rule that Aldi will cancel tickets if a customer has spent over 30 quid in store.
    There is also evidence that Aldi have ever allowed parking lie to take a genuine customer to court. It has never happened which is good news since parking lie issue about 30 000 court papers per year.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 28 March 2016 at 4:06PM
    the choice is yours really, so a few pointers

    the BB is not valid on private land, unfortunate but true, read your blue booklet , it actually tells you this

    on private land like ALDI, you are covered by the Equality Act 2010, not your BB

    you are expected to abide by any rules of parking, the landowner and retailer are expected to abide by the EA2010, regardless of if the person has a BB or not, many dont have a BB but are still still covered by the EA2010

    the landowner should have cancelled it , but clearly has not

    popla dont adjudicate on BB issues, because they will say its an EA2010 problem and between you and PE and the landowner , hence your popla failure

    you have the option of defending yourself in county court, you always have had this option and still have this option , where you can cite the EA2010

    you can bring a counter claim against the landowner and PE under the EA2010 , claiming much , MUCH more than they are claiming

    you do not have to pay, despite threatening letters, but PE are likely to issue a court claim against you , so be prepared to fight and start a counter claim under the EA2010 - FIGHT FIRE WITH FIRE

    PE or the landowner have 6 years to try a court claim

    if a judge says you must pay, then you must pay , otherwise you have no reason to pay

    in future, come here for advice with popla appeals , you would probably have won with our help, plus we would have helped you get aldi to cancel the claim

    complain to your MP, complain to the landowner, threaten them with a court claim under the EA2010 if its not cancelled, be prepared to go the whole way

    complain to the ALDI CEO , citing the EA2010 and enclose a copy of your BB

    ps:- its not a "fine" , despite what you may think

    its an INVOICE, nothing more
  • Hi,

    Thanks for the quick replies :-)

    I realize the BB does not cover me on private land however "An ALDI manager informed me that they do not charge for disabled drivers, however I should have given them a copy of the blue badge so i can overstay".. There was no mention of this on their outdoor signage but a small hidden sign in the store asking disabled drivers to ask to see a manager.

    Thought was pointing out this mistake to the parking company and POPLA would allow them to cancel the notice. So rather than approach ALDI firstly I asked them both politely and clearly "Do you fine disabled drivers, are there any allowances given to disabled drivers? Is there something in your contract for disabled drivers" They have chosen not to respond. I did also include all the other standard arguments from this and other forums.

    Right so last chance is ALDI directly, I shall write them a nicely worded letter and include blue badge and proof of purchase (its under £30) and post on here to get your advice before sending.

    Thanks
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep but not a letter. Letters get mislaid. Email any firm by Googling their name and 'contact us'.
    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
  • Fruitcake
    Fruitcake Posts: 59,504 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Add any other receipts or redacted bank statements if you are a regular Aldi (ex) shopper.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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