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ParkingEye ANPR -v- Men

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  • happybagger
    happybagger Posts: 1,038 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 10 November 2016 at 7:26PM
    [deleted this post to remove identifiable info]
  • happybagger
    happybagger Posts: 1,038 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Coupon-mad wrote: »
    You missed the first reply you got!

    PE do not sue people re Aldi car parks.

    I didn't miss it - i saw the "as a rule.." and would like to be prepared should I be the first ;)

    I'm interested though, why don't they?
  • Coupon-mad
    Coupon-mad Posts: 152,567 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I would guess it's not in the contract that they can. Maybe someone at Aldi objected to PE's standard contract as they could see it allowed them to sue Aldi customers. And PE would have gone along with a weaker contract because it's such a big retailer nationwide. Also the £70/£40 is very loW for PE so that also suggests Aldi wielded some power over it.

    Aldi cases are normally easy to win at POPLA, not least because the signs are pants (maybe PE cut corners on these sites, who knows, but the £70 is not on more than a third of the signs usually). Awful. so the same argument extends to any court claim except in your case your main issue would be the fact you were not there and nor was the car!
    I got a PCN from ParkingEye for parking for 20 mins at Aldi however neither I nor my car were there. Their date stamp cannot be correct.
    That's really odd. Really, really strange.

    What do the photos look like? Can you see who might be behind the wheel?

    POPLA said what they said because you had said you were adding more evidence. You can't. You can only comment on their evidence (i.e. say how rubbish the signs are) not add more of your own.
    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
  • happybagger
    happybagger Posts: 1,038 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    That is why I'm concerned "if" it ends up at court, the judge will think the same and just favour their ANPR datestamp, over witness statements.

    I would say the pictures are of my car. The entry pic only shows someone from the waist down. The exit pic is of the rear of the car. I have been there many times but not when they say I was. The store is one of those where you put your number in the terminal when you go through the tills.
  • Coupon-mad
    Coupon-mad Posts: 152,567 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Why would you be concerned if the car wasn't there?
    I would say the pictures are of my car.
    And the timings and day definitely match the day you were 4 miles away...could someone have borrowed your car from the car park and taken it to Aldi without you knowing??!
    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
  • happybagger
    happybagger Posts: 1,038 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Coupon-mad wrote: »
    POPLA said what they said because you had said you were adding more evidence. You can't. You can only comment on their evidence (i.e. say how rubbish the signs are) not add more of your own.
    I don't remember seeing anything saying I couldn't add evidence, just that I couldn't edit.
    But my point was, they made their decision on day 5, and did not allow the seven days to pass where I could make comment.
  • Coupon-mad
    Coupon-mad Posts: 152,567 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I agree that's unfair and wrong but as you were posting more evidence not comments, how would that have changed things?

    POPLA are useless at dealing with complaints.
    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
  • happybagger
    happybagger Posts: 1,038 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Why would you be concerned if the car wasn't there?
    For the reasons I have stated - would the judge believe what PE produce from a machine or my verbal evidence with witness statement?
    And the timings and day definitely match the day you were 4 miles away
    Absolutely. The notice states 9pm to 9.20pm, and I was at the other location 5pm to just after 10pm
    could someone have borrowed your car from the car park and taken it to Aldi without you knowing??!
    Absolutely not. Without taking the keys out of my pocket and putting them back again without my notice. Sorry for sounding frivolous, but nobody has EVER borrowed my car.
  • Coupon-mad
    Coupon-mad Posts: 152,567 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Then their clock/timer/date must have been wrong.

    Easy enough for them to get wrong, it's newish technology with known faults:

    http://parking-prankster.blogspot.co.uk/2016/10/parkingeye-clock-accuracy-claims-myth.html

    HTH
    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
  • Umkomaas
    Umkomaas Posts: 43,417 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    For the reasons I have stated - would the judge believe what PE produce from a machine or my verbal evidence with witness statement?
    Which part of 'Aldi cases do NOT end up in court' are you having difficulty with?

    There have been thousands of Aldi parking cases each year and NOT ONE has ended at court.

    PE sue 30,000 people per year yet have NEVER sued an Aldi case.

    Just put it to bed, please don't keep raising it here. It's not going to happen!
    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
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