Suitable initial appeal to parking eye?

Coupon-mad

You might be assuming it's on certain signs when it's not? I've never seen an Aldi car park in any evidence pack that had the £70 on most signs. The entrance signs do not have it (that's standard though) but the banners do not have it, the shorter terms do not have it.

Only the 'main terms' signs have it on and there are often big gaps of bays nowhere near seeing the £70 charge, where a driver could easily have driven in and parked and never had a chance to read about or accept any charge.

presumably PE could prove this with a site map?

I've seen hundreds of PE site maps because they do normally show one - but with Aldi car parks, they just prove this point that most signs are the shorter terms ones or a banner along a fence that tells you nothing about £70.

I've taken photos to show that the lighting was inadequate and that there weren't enough signs to ensure they one was easily visible

I agree, sparse signs at Aldi, big gaps with no terms visible.

(see attached photos of the three nearest signs)

Don't attach photos, instead embed them directly into your word document like illustrating a story, to break up the wall of words for the Assessor. When it's ready save it as a PDF to upload just one item. Makes it easier for the Assessor.

But it's not ready yet, I suggest it needs more work, I saw this:

If they are not met then the contract would be deemed “unfair” under the Unfair Terms in Consumer Contract Regulations 1999.

Nope, that was replaced in 2015 over a year ago by the Consumer Rights Act.

gerbilpasty

I'm tempted to just pay the £40 as today is the last day I can before it goes up to £70 and it doesn't seem like I have a particuarly strong appeal. If I loes this at POPLA is there any chance I'll have to go to court?

Redx

PE issue about thirty thousand court claims per annum , so if you lost and did not pay in full then yes a court case is highly likely

if you win at popla , the case is closed

Coupon-mad

gerbilpasty wrote: »

I'm tempted to just pay the £40 as today is the last day I can before it goes up to £70 and it doesn't seem like I have a particuarly strong appeal. If I loes this at POPLA is there any chance I'll have to go to court?

You think you don't have a strong appeal? I disagree. PE cancel many Aldi ones without contest when they see a long POPLA appeal from this forum, honestly.

We have NEVER EVER seen ParkingEye sue re an Aldi car park. Never. I suspect their contract does not allow them to, and I suspect that's why they cut corners on signage (noticeably).

Read the above again:

Although PE sue people they NEVER sue re Aldi sites.

So what are you worried about? Why not just win at POPLA, it can be finalised & submitted over the weekend. The POPLA code will still work.

gerbilpasty

Hi Coupon mad, I decided to not pay the £40 fine.

I've removed changed the “Unfair Terms in Consumer Contract Regulations 1999." bit to "Unfair terms in Consumer Rights Act 2015" and when I have a moment I'll go and photograph all of the signs without the £70 on them and have them on a word doc with the following:

Pictured are all of the signs which fail to alert to the driver that there is a £70 enforceable fine for breaching the contract which the driver has allegedly entered in to. This considered it is certainly not inconceivable that the driver entered the car park and then left without ever seeing that there was an enforceable fine. On the contrary the driver has informed me which parking space they were parked in during the alleged breach of contract and I have taken the time to visit the car park at night time to see how feasible it is that they knowingly entered into a contract with ParkingEye. The picture below shows the nearest sign to the parking space. As you can see it is facing away and has no reflective material to alert the driver that there is a sign there (As I mentioned before there are no lights specifically for the signs and no lighting in general in the car park at that time. I have also taken pictures of the next 3 closest parking signs with flash setting used on the camera in order to give you an idea of how inadequate the signage is from that particular parking space.

As you can see there are no signs easily visible, let alone easily readable, from the space in which the driver was parked.

Coupon-mad

Errrrm...you are way past the weekend - does your POPLA code still work on the POPLA website??!

I hope you have submitted it because I said this:

Why not just win at POPLA, it can be finalised & submitted over the weekend. The POPLA code will still work.

And I meant, by the weekend. POPLA codes expire after about 32 days.

gerbilpasty

Hi, I made a mistake - The date I had written down for when I had to submit my POPLA appeal was actually the date that the £40 PE offer ran out (as I was undecided as to whether or not I would appeal at POPLA after reading some harsh rejections and worrying about getting sued) but re-reading the email I have until the 23rd December.

gerbilpasty

Ok, I went back to the car park and every sign states the £70 fine other than the signs at each entrance.

I'm thinking of adding this paragraph in section 3 and submitting, what do you think?

[FONT=&quot]Further, the car park was used whilst the shop was closed and the lights which normally illuminate the car park were turned off. If it is to be assumed that parking enforcement takes place during these hours, when the shop is closed and there is no natural light to make the signs readable, then ParkingEye must be responsible for ensuring the signage is as properly lit as it is during hours in which ALDI is open. If they fail to provide adequate signage whilst parking enforcement was taking place a contract was not entered by the driver[/FONT]

Umkomaas

Are any of those signs 'forbidding' ones, such as 'No parking after ........' or 'Parking for Customers only'?

gerbilpasty

They say for customers only