Parking Eye - Parking Notice Charge for parking in Aldi, Bangor

Jo4

Jo4 wrote: »

This section contains a "Whitelist Lookup" of our vehicle registration which states "No results". I have never heard of a "Whitelist Lookup" before now and I do not know if it is supposed to contain any results?!?!

It also contains a Witness Statement,

"On behalf of Aldi Stores Limited I confirm that:

1 The site is ALDI Bangor.

2 The Landholder is Aldi Stores Limited, who has a proprietary interest in this site.

3 The Operator is ParkingEye Ltd.

4 The Operator has written authority from the Landholder to undertake parking management, control and enforcement at this site, under contract.

5 The Operator had authority to issue a Parking Charge for the Parking Event dated 25 July 2016, under this written agreement.

6 The Operator is authorised by the Landholder to issue parking charge notices where vehicles are parked on the site in a manner not permitted under the terms and conditions of parking.

7 The terms and conditions are as clearly set out on signage at the site and, where applicable, with any permit or dispensation for use at the site.

8 The issue of parking charge notices is subject to the agreed criteria and exemptions, as clearly set out on signage at the site and, where applicable, with any permit or dispensation for use at the site.

9 The Operator is authorised to issue a parking charge notice for breach of any of the terms and conditions referred to above.

10 The Operator is authorised by the Landholder to pursue the outstanding parking charges in accordance with the British Parking Association Approved Operator Scheme Code of Practice.

I confirm that I am authorised to make this statement on behalf of the Landholder and that the above information is true to the best of my knowledge and belief.

Signature:

Name:

Position:

For and on behalf of Aldi Stores Limited

Date:"

This is dated 6/10/16

Jo4

pappa_golf wrote: »

4 The Operator has written authority from the Landholder to undertake parking management, control and enforcement at this site, under contract.

5 The Operator had authority to issue a Parking Charge for the Parking Event dated 25 July 2016, under this written agreement.

6 The Operator is authorised by the Landholder to issue parking charge notices where vehicles are parked on the site in a manner not permitted under the terms and conditions of parking.




but , do they have aldi,s permission to instigate court action?


not seen or heard of any aldi/PE cases in court , and if they wish to proceed , I think its going to cost them too much as you are in NI

Thanks!!

I didn't see it on the document but I thought I might have missed it and someone would notice what I missed hence all the posts.

pappa_golf

no mention of the contract saying they can (will aldi,s blessing) start court action , it says they can issue tickets , but their does not seem to be any aldi/PE cases gone to court , one wonders if aldi do not allow court proceedings in their name

Jo4

pappa_golf wrote: »

no mention of the contract saying they can (will aldi,s blessing) start court action , it says they can issue tickets , but their does not seem to be any aldi/PE cases gone to court , one wonders if aldi do not allow court proceedings in their name

I don't know.

pappa_golf

run it thru , do the best POPLa appeal you can


PE will probably back down (and save £27) before the appeal , even if you loose , it could be expensive for PE to get the £100 , solisitors costs and legal paperwork would cost them many hundreds of pounds , which they cannot recoup from you ,


at this stage they are still bluffing , bluffing on many things

Castle

Another question is; why do the Witness statement keep referring to themselves as the landholder; but never mentions the landowner?

Coupon-mad

Jo4 wrote: »

I have been unwell again and I have to get this sorted today. They emailed on the evening of Monday 10th October so does that mean I have until lunch time on Monday 17th October to respond?

No. You have to respond today. POPLA are narky about the seven days. Please don't drop this ball.

This section contains a "Whitelist Lookup" of our vehicle registration which states "No results". I have never heard of a "Whitelist Lookup" before now and I do not know if it is supposed to contain any results?!?!

A whitelist look-up shows cars registered as exempt (like staff cars). So it would often be blank if no cars are exempt.


Concentrate your SHORT reply to POPLA today, on:

- signs. Count how many DO NOT have the £70 on them. Point that out to POPLA without saying who was driving (IMHO over half the signs do not mention £70 in most Aldi car parks so it is perfectly possible to park without ever reading about or agreeing to £70 as a charge). Say that!

- Look at how dark the corner is showing the keypad inside Aldi, nowhere near the tills and the driver was NOT told about it. Point that out to POPLA - that it is far from 'prominent' being a vital term - and also say that the keypad comes too late to be incorporated into the vague contract on most signs which tells a reasonable person that Aldi customers can park for free for 1.5 hrs (or whatever). Most signs in the car park are silent about the 'keypad' or the need to enter a VRN so there is no 'relevant obligation' (POFA 2012 requirement) transparently established.

- Point out that a White List look-up is merely a list of exempt cars (e.g. staff cars), not a list of those who went to the keypad! Do they appear to have forgotten to show the right list?! Say so, if PE did not show a list of actual (partial) car VRNs who did put their details in, then they appear to have shown the wrong list and no evidence that the driver didn't put their VRN in.

- you should mention that Aldi/Walmart DO NOT allow ParkingEye to sue customers, which is why PE have withheld the contract and only submitted a witness statement. Say that you are aware that POPLA sometimes accept such statements in lieu of the contract, but this one does not meet the requirements of 7.3 of the BPA CoP. In particular, this witness statement neither identifies the car or parking event (there was very obviously NOT just one car caught there on 25 July 2016 because ParkingEye 'farm' car parks with dozens of victims, day in day out and make no money otherwise!) nor does it say that the operator can pursue people 'in the courts if necessary'. Because they can't, with Aldi contracts! Say so, POPLA will not know.

- Remind them that the keeper lives in NI so cannot be held to the POFA 2012 which does not apply in NI, and that PE have shown no evidence that the appellant was the person who could be held liable (driver only).*





* A NI poster lost a POPLA appeal last week and is now ignoring the charge of course. A keeper can't be held liable so this is no big deal you know, even if lost. POPLA means nothing in your case, you are NOT liable.

I did tell you in post #18 that you CAN cheerfully ignore this as long as the driver is not given away!

Coupon-mad

pappa_golf wrote: »

run it thru , do the best POPLa appeal you can

PE will probably back down (and save £27) before the appeal , even if you loose , it could be expensive for PE to get the £100 , solisitors costs and legal paperwork would cost them many hundreds of pounds , which they cannot recoup from you ,

at this stage they are still bluffing , bluffing on many things

She's at rebuttal of evidence pack stage and PE won't back down now, not that it matters as she is in NI!

Jo4

Coupon-mad wrote: »

No. You have to respond today. POPLA are narky about the seven days. Please don't drop this ball.



A whitelist look-up shows cars registered as exempt (like staff cars). So it would often be blank if no cars are exempt.


Concentrate your SHORT reply to POPLA today, on:

- signs. Count how many DO NOT have the £70 on them. Point that out to POPLA without saying who was driving (IMHO over half the signs do not mention £70 in most Aldi car parks so it is perfectly possible to park without ever reading about or agreeing to £70 as a charge). Say that!

- Look at how dark the corner is showing the keypad inside Aldi, nowhere near the tills and the driver was NOT told about it. Point that out to POPLA - that it is far from 'prominent' being a vital term - and also say that the keypad comes too late to be incorporated into the vague contract on most signs which tells a reasonable person that Aldi customers can park for free for 1.5 hrs (or whatever). Most signs in the car park are silent about the 'keypad' or the need to enter a VRN so there is no 'relevant obligation' (POFA 2012 requirement) transparently established.

- Point out that a White List look-up is merely a list of exempt cars (e.g. staff cars), not a list of those who went to the keypad! Do they appear to have forgotten to show the right list?! Say so, if PE did not show a list of actual (partial) car VRNs who did put their details in, then they appear to have shown the wrong list and no evidence that the driver didn't put their VRN in.

- you should mention that Aldi/Walmart DO NOT allow ParkingEye to sue customers, which is why PE have withheld the contract and only submitted a witness statement. Say that you are aware that POPLA sometimes accept such statements in lieu of the contract, but this one does not meet the requirements of 7.3 of the BPA CoP. In particular, this witness statement neither identifies the car or parking event (there was very obviously NOT just one car caught there on 25 July 2016 because ParkingEye 'farm' car parks with dozens of victims, day in day out and make no money otherwise!) nor does it say that the operator can pursue people 'in the courts if necessary'. Because they can't, with Aldi contracts! Say so, POPLA will not know.

- Remind them that the keeper lives in NI so cannot be held to the POFA 2012 which does not apply in NI, and that PE have shown no evidence that the appellant was the person who could be held liable (driver only).*





* A NI poster lost a POPLA appeal last week and is now ignoring the charge of course. A keeper can't be held liable so this is no big deal you know, even if lost. POPLA means nothing in your case, you are NOT liable.

I did tell you in post #18 that you CAN cheerfully ignore this as long as the driver is not given away!

Thank you for your help! I have a few points made but will combine them with yours.

Jo4

Coupon-mad wrote: »

No. You have to respond today. POPLA are narky about the seven days. Please don't drop this ball.



A whitelist look-up shows cars registered as exempt (like staff cars). So it would often be blank if no cars are exempt.


Concentrate your SHORT reply to POPLA today, on:

- signs. Count how many DO NOT have the £70 on them. Point that out to POPLA without saying who was driving (IMHO over half the signs do not mention £70 in most Aldi car parks so it is perfectly possible to park without ever reading about or agreeing to £70 as a charge). Say that!


- Look at how dark the corner is showing the keypad inside Aldi, nowhere near the tills and the driver was NOT told about it. Point that out to POPLA - that it is far from 'prominent' being a vital term - and also say that the keypad comes too late to be incorporated into the vague contract on most signs which tells a reasonable person that Aldi customers can park for free for 1.5 hrs (or whatever). Most signs in the car park are silent about the 'keypad' or the need to enter a VRN so there is no 'relevant obligation' (POFA 2012 requirement) transparently established.

- Point out that a White List look-up is merely a list of exempt cars (e.g. staff cars), not a list of those who went to the keypad! Do they appear to have forgotten to show the right list?! Say so, if PE did not show a list of actual (partial) car VRNs who did put their details in, then they appear to have shown the wrong list and no evidence that the driver didn't put their VRN in.

- you should mention that Aldi/Walmart DO NOT allow ParkingEye to sue customers, which is why PE have withheld the contract and only submitted a witness statement. Say that you are aware that POPLA sometimes accept such statements in lieu of the contract, but this one does not meet the requirements of 7.3 of the BPA CoP. In particular, this witness statement neither identifies the car or parking event (there was very obviously NOT just one car caught there on 25 July 2016 because ParkingEye 'farm' car parks with dozens of victims, day in day out and make no money otherwise!) nor does it say that the operator can pursue people 'in the courts if necessary'. Because they can't, with Aldi contracts! Say so, POPLA will not know.

- Remind them that the keeper lives in NI so cannot be held to the POFA 2012 which does not apply in NI, and that PE have shown no evidence that the appellant was the person who could be held liable (driver only).*





* A NI poster lost a POPLA appeal last week and is now ignoring the charge of course. A keeper can't be held liable so this is no big deal you know, even if lost. POPLA means nothing in your case, you are NOT liable.

I did tell you in post #18 that you CAN cheerfully ignore this as long as the driver is not given away!

There are apparently 13 signs, 8 in English and 5 in Welsh according to PE's evidence. 7 of the 8 signs in English apparently state the £70 charge.

They did not include any photograph of the keypad inside Aldi.

There isn't a single entry in the white list.

I know you said we could ignore it but this is added stress to my health which isn't the best any way and the thought of these letters constantly arriving doesn't help.