Help popla refused my appeal!

amz123786

I think il listen to you your probably right.

And haha i think im going to email her that right now. It will be interesting to see if she responds.

amz123786

Your a genius! If it does go to court il be adding this all in the defence for sure!!!!!! I want to crush Parking Eye like flies!

amz123786

Is this fine or still way too much? Im so tempted to put what Kevin [FONT=&quot]Reynolds has said!!

[/FONT] Dear Mr Hurley,


I am very disappointed with the response I have received from your (or is it actually ParkingEye's) so-called 'Parking Management Team' in relation to a Parking Charge Notice which I received after shopping at the Aldi store in Bearwood on 28 May 2016.

Please see below my complaint sent to Aldi customer services and the response I have received.

I feel that the response received is very misleading as Parking Eye are agents of Aldi and are instructed to manage their car parks. There is also a contract in place to regulate the agreement. As stated Aldi instruct Parking Eye to prevent abuse of their car parks.

Therefore Aldi is the Principal of Parking Eye. Parking Eye has the authority to cancel a Parking Charge Notice if they are instructed to do so by their Principal, in this case Aldi who is the landowner so I am unable to understand why I am being mislead by the Parking Management Team, as they have stated that this is not possible once Popla is involved.

As Aldi are the Principal they are able to instruct their agent to cease all action at any stage and right up to the day of court if required.

I understand that Popla have made a decision however they do not consider any mitigating circumstances whatsoever unlike a Judge which considers all facts.

Popla are an independent body who decide whether a decision was incorrect or correct in their eyes and cannot force customers to make payment nor can they refer the matter to debt collectors. I have not asked Aldi to interfere with Popla’s decision as Popla cannot actually do anything in relation to the Parking Charge Notice and their decision is not set in stone nor is it legally binding on motorists.

Popla do not have any powers that instruct the operator that they cannot cancel the charge because they won. Parking Eye can cancel a Parking Charge Notice at any time even before a court hearing and they have previously done so on many occasions, as have many other parking companies. Popla decisions are not binding and the Court does not usually follow these.

Therefore I believe the information I was given by the Parking Management Team is very misleading.

On the 28 May 2016 I was a genuine customer of Aldi and have been for many years. On this date I overstayed by 14 minutes and did not realise this until I received the Parking Charge Notice in the post.

I was not abusing the car park. As there are two grace periods stated in the BPA Guidelines, one before the parking event and one afterwards of which is a MINUMUM of 10 minutes which should have been taken into account. I believe these together clearly show that I was within the time limits for leaving the car park.

I am disappointed that Aldi allow companies such as Parking Eye to bully their customers into paying for an invoice which is extortionate and allow Parking Eye to increase the amount to hundreds of pounds should debt collectors get involved.

I am disappointed Aldi have taken no action and that it has happened to so many people! Others such as I have complained about this issue many times on Aldi’s Facebook page however it seems Aldi just disregard the comments.

I along with my family and friends have shopped at Aldi for many years and have never had any problems previously. I have now had to warn others about Parking Eye.

I have previously always had a great experience at Aldi but on this occasion I am very disappointed that Aldi do not care about keeping their regular customers.

I believe on this occasion Parking Eye should be instructed to cancel the Parking Charge Notice as they clearly are able to do so. I have not abused the terms of the car park and was well within the time limits of the 2 grace periods and Parking Eye is clearly breaking BPA guidelines.

I look forward to receiving your response.

Coupon-mad

amz123786 wrote: »

Is this fine or still way too much? Im so tempted to put what Kevin [FONT=&quot]Reynolds has said!!

[/FONT] Dear Mr Hurley,


I am very disappointed with the response I have received from your (or is it actually ParkingEye's) so-called 'Parking Management Team' in relation to a Parking Charge Notice which I received after shopping at the Aldi store in Bearwood on 28 May 2016.

Please see below my complaint sent to Aldi customer services and the response I have received.

[STRIKE] I feel that the response received is very misleading as Parking Eye are agents of Aldi and are instructed to manage their car parks. There is also a contract in place to regulate the agreement. As stated Aldi instruct Parking Eye to prevent abuse of their car parks.

Therefore[/STRIKE] Aldi is the Principal of Parking Eye. Parking Eye has the authority to cancel a Parking Charge Notice if they are instructed to do so by their Principal, in this case Aldi who is the landowner so I am unable to understand why I am being mislead by the Parking Management Team, as they have stated that this is not possible once Popla is involved.

[STRIKE][STRIKE]As Aldi are the Principal they are able to instruct their agent to cease all action at any stage and right up to the day of court if required.

I understand that Popla have made a decision however they do not consider any mitigating circumstances whatsoever unlike a Judge which considers all facts. [/STRIKE][/STRIKE]

[STRIKE] Popla are an independent body who decide whether a decision was incorrect or correct in their eyes and cannot force customers to make payment nor can they refer the matter to debt collectors. I have not asked Aldi to interfere with Popla’s decision as Popla cannot actually do anything in relation to the Parking Charge Notice and their decision is not set in stone nor is it legally binding on motorists.[/STRIKE]

Popla do not have any powers that instruct the operator that they cannot cancel the charge because they won. Parking Eye can cancel a Parking Charge Notice at any time even before a court hearing and they have previously done so on many occasions, as have many other parking companies. Popla decisions are not binding and the Court does not usually follow these.

Therefore I believe the information I was given by the Parking Management Team is very misleading.

On the 28 May 2016 I was a genuine customer of Aldi and have been for many years. [STRIKE]On this date I overstayed by 14 minutes and did not realise this until I received the Parking Charge Notice in the post.[/STRIKE]

I was not abusing the car park. As there are two grace periods stated in the BPA Guidelines, one before the parking event and one afterwards of which is a MINUMUM of 10 minutes which should have been taken into account. I believe these together clearly show that I was within the time limits for leaving the car park.

I am disappointed that Aldi allow companies such as Parking Eye to bully their customers into paying for an invoice which is extortionate and allow Parking Eye to increase the amount to hundreds of pounds should debt collectors get involved.

I am disappointed Aldi have taken no action and that it has happened to so many people! Others such as I have complained about this issue many times on Aldi’s Facebook page however it seems Aldi just disregard the comments.

I along with my family and friends have shopped at Aldi for many years and have never had any problems previously. I have now had to warn others about Parking Eye.

I have previously always had a great experience at Aldi but on this occasion I am very disappointed that Aldi do not care about keeping their regular customers.

I believe on this occasion Parking Eye should be instructed to cancel the Parking Charge Notice as they clearly are able to do so. I have not abused the terms of the car park and was well within the time limits of the 2 grace periods and Parking Eye is clearly breaking BPA guidelines.

I look forward to receiving your response.

I've crossed out some repetition that I think you don't need, and you didn't 'overstay' so don't say that you did.

amz123786

Thank you so much I will get it sent off and post any response I get on here. 😁

amz123786

So this is the response from BPA

Good morning

Thank you for your email. The Code advises as follows:

“13 Grace periods

13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice.

13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.

13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is.

13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.”

Section 13.1 refers to a short period of time starting from when the motorist enters the private land. We expect operators to provide this, because the motorist, at the time of entering the site, will not yet know what the terms and conditions of use are until they are able to review these.

So this refers to the amount of time which a parking operator or landowner will allow a motorist to read those terms and conditions, and to decide whether they stay or go. If they go, then the grace period allowing the motorist to leave the site finishes.

Section 13.4, as above, refers to a different grace period, and used in a different context. This Grace period is only applicable after the parking contract has ended.

We have noted your comments regarding Observations. If you have concerns that an enforcement officer has issued you with a parking charge notice prior to you purchasing a ticket, you should appeal this directly to the operator following the instructions on the parking charge notice itself.


Yours sincerely,

Joanna Barnes
Compliance Officer
AOS Investigation Team

amz123786

Ended up paying my parking eye fine because Aldi dont care! I just didnt want to risk being taken to court and have to pay more then the original fine!

It happened to a friend of mine who had a similar case to me and she lost All i know now is never to shop where there is ANPR camera :@

Coupon-mad

But ParkingEye never sue people at Aldi car parks - EVER.

Did you not think to ask first...this is madness and you have been mugged.

As for Joanna Barnes' misinterpretation of Kelvin Reynolds' words and twisting of what he says - I daren't say here what my opinion is of ALL her responses to consumers that I have seen. I am astonished some people can sleep at night. How anyone could write that to consumers beggars belief.

The_Deep

Good letter, pity you were so week-kneed.

Umkomaas

The_Deep wrote: »

Good letter, pity you were so week-kneed.

One in the wallet from ParkingEye, one in the nuts from TD. Not your lucky day @OP.

Seems like a number of us regulars gave quite a bit of of our own time freely to advise you about your problem and gave you the correct information which would have seen your £70 safe in your pocket. Now it's gone to fund the scamming of some other vulnerable soul, who perhaps won't have the wherewithal to pay the charge, nor the knowledge to access this forum.

Horse and water.............!