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2X Aldi Parking Eye Ticket (Scotland)

Hi Guys,


I was genuinely unaware that you received parking tickets for parking in Aldi in my local town.


I parked here as the train station car park was full and I was away most of the day. I then did this again on the same day the next week as no ticket had arrived yet so I was still unaware that you couldn't park here.


Now I have 2 tickets. I have read the guide and as far as I am aware because I am in Scotland I can just ignore them and make sure it was not me driving the car??


Anymore updated advice with Parking Eye in Scotland?


Cheers,
Scott
«13

Comments

  • Carthesis
    Carthesis Posts: 565 Forumite
    edited 21 September 2016 at 1:50PM
    I believe that is still correct.

    Personally, I'd take an affirmative position, write to them telling them that they've pursued the registered keeper, but cannot do so as no equivalent to POFA2012 exists in Scotland, and therefore if they cannot prove who the driver was, then they have no grounds. OBVIOUSLY NEVER TELL THEM WHO THE DRIVER IS! I'd personally also tell them to not rely on E -v- L as that relied on forensic evidence in a criminal case, and that it has previously been made clear by Mr. Greenslade at POPLA that there is no reasonable presumption that the RK is the driver, and thus E -v- L doesn't apply for any number of reasons.

    You may also wish to point out to DVLA that the parking firm have obtained Registered Keeper information with no grounds, as they have no rights to go after Registered Keepers in Scotland.

    Or you can just ignore it.

    Personally, I'm argumentative and like to waste their time as much as they waste mine.

    --**EDIT**--

    I misread your original post. Having read it again, I have to agree that you've been a bit naughty here in using the Aldi parking for other reasons than using the facilities, during the entire day when the place is open and they want to manage the car park for genuine customers.

    That's not cool.

    Just because you're protected by the Scottish rules on registered keeper liability doesn't mean you should keep doing it.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    scoosh.m wrote: »
    Hi Guys,


    I was genuinely unaware that you received parking tickets for parking in Aldi in my local town.


    I parked here as the train station car park was full and I was away most of the day. I then did this again on the same day the next week as no ticket had arrived yet so I was still unaware that you couldn't park here.


    Now I have 2 tickets. I have read the guide and as far as I am aware because I am in Scotland I can just ignore them and make sure it was not me driving the car??


    Anymore updated advice with Parking Eye in Scotland?


    Cheers,
    Scott

    I am sure if you look in the Aldi car park displays the Parking Eye signs.

    You cannot appeal by saying the above. Point is that nobody would spend all day shopping in Aldi (hope not) ?
    It is a private car park and there will be a free 90mins to 2 hrs limit for parking.

    Although PE will get keeper details from the DVLA, they will not KNOW who the driver was.
    They need the driver so despite threats, silly debt collectors etc etc, you just ignore them.

    Parking Eye know this, they rely on ignorance by motorists in Scotland.

    If you start getting threatening letters including claims that don't apply to you, pass them to Trading Standards Scotland
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Carthesis wrote: »
    I believe that is still correct.

    Personally, I'd take an affirmative position, write to them telling them that they've pursued the registered keeper, but cannot do so as no equivalent to POFA2012 exists in Scotland, and therefore if they cannot prove who the driver was, then they have no grounds. OBVIOUSLY NEVER TELL THEM WHO THE DRIVER IS! I'd personally also tell them to not rely on E -v- L as that relied on forensic evidence in a criminal case, and that it has previously been made clear by Mr. Greenslade at POPLA that there is no reasonable presumption that the RK is the driver, and thus E -v- L doesn't apply for any number of reasons.

    You may also wish to point out to DVLA that the parking firm have obtained Registered Keeper information with no grounds, as they have no rights to go after Registered Keepers in Scotland.

    Or you can just ignore it.

    Personally, I'm argumentative and like to waste their time as much as they waste mine.

    South of the border then Yes.
    Why wake them up in Scotland, they know the deal so just let them play themselves out.
    Silence is golden
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    scoosh.m wrote: »
    Anymore updated advice with Parking Eye in Scotland?

    Nothing needs updating - you can still ignore the bams completely if you want.

    Personally I wouldn't contact them at all and just sit-out the threats and fake debt collector letters but a complaint to Aldi themselves may be in order.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    pogofish wrote: »
    Nothing needs updating - you can still ignore the bams completely if you want.

    Personally I wouldn't contact them at all and just sit-out the threats and fake debt collector letters but a complaint to Aldi themselves may be in order.


    how can you complain to aldi? the OP was not a customer , and used their land to park and catch a train!


    PE were doing their job , however they are snookered in scootland
    Save a Rachael

    buy a share in crapita
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 September 2016 at 1:37PM
    I parked here as the train station car park was full and I was away most of the day. I then did this again on the same day the next week as no ticket had arrived yet so I was still unaware that you couldn't park here.
    Come on - it's rare selfish parker people (exactly like you have described - sorry!) who cause Private parking firms to continue the myth that most drivers are at fault and there to be fined. Of course there are signs at Aldi, including one at the entrance with a Blue 'P' on a white background saying that it's private land, plus others inside the site.

    Having said that, you are in Scotland so ignore it. DO NOT say who was driving!

    Just don't park like that again in places where there are signs. Be more observant and always read them - none of us regulars get PCNs these days because we are pedantic about checking for signage and reading it, even if it's in small print. You can find places to park but not places with a set of PPC signs. Be more careful.

    Obviously don't pay it or worry about the daft letters! But don't collect tickets in double figures...makes a person more likely to be pursued if ever PE decided to try their luck in Scotland. Don't be that person with a huge multiple of PCNs.
    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
  • bod1467
    bod1467 Posts: 15,214 Forumite
    As above, keep on ignoring. And when you're tired of ignoring, switch to IGNORING! :)

    PE won't take this to court because:

    a) They can only pursue the driver in Scotland; without incontrovertible evidence that the keeper was the driver they'd be on a hiding to nothing. If there's never any communication, then the driver can't be identified.

    b) I understand that PE's contract with Aldi forbids pursuing PCN charges to court. (Not sure this is true, but I don't think we've seen PE take any Aldi-based PCN to court - have we?)

    :)
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    You may also wish to point out to DVLA that the parking firm have obtained Registered Keeper information with nogrounds, as they have no rights to go after Registered Keepers in Scotland.

    Are you sure about that? I can think of several reasons why a landowner should wish to know who has trespassed on their land.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,865 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The_Deep wrote: »
    You may also wish to point out to DVLA that the parking firm have obtained Registered Keeper information with nogrounds, as they have no rights to go after Registered Keepers in Scotland.

    Are you sure about that? I can think of several reasons why a landowner should wish to know who has trespassed on their land.

    Agreed TD. The first point of contact is always with the RK if it's an ANPR ticket, or a windscreen ticket that's not been responded to. The DVLA has no other point of contact, and it's only via contacting the RK in the first place that any hope of further contacting the driver exists.
    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
  • Iceweasel
    Iceweasel Posts: 4,887 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    The_Deep wrote: »
    You may also wish to point out to DVLA that the parking firm have obtained Registered Keeper information with nogrounds, as they have no rights to go after Registered Keepers in Scotland.

    Are you sure about that? I can think of several reasons why a landowner should wish to know who has trespassed on their land.

    I think that the Land Reform (Scotland) Act 2003 would make such a request pretty pointless even if they found out.
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