POPLA Appeal Rejected

Redx

polar-bear wrote: »

I will try to attach photos taken from my phone today, showing the rather small ANPR information in the bottom right corner of a couple of signs. Not easy to read in my photos, but the same applies to the images they sent me. I am not sure how to upload images, though..

oh no you wont because you cannot attach or upload photos here, its not a hosting site for files

use tinypic or photobucket and put a dead link (url) to them changing http to hxxp in your reply

polar-bear

I am not sure at this stage if it will help my case but i have contacted the planning department of Blaby District Council regarding Aldi's ANPR cameras and advertising signage. Here is the email thread so far:

Dear xxxx

I can confirm that no applications for advertisement consent have been submitted for the signage as well. Any photos that you can send would be of use, as I will pass them onto our Enforcement Section to investigate as a formal complaint. I am not sure at this stage about the need for permission for the cameras if they are placed "on the building" so to speak, but will look into this further.

Best regards,

xxxxxx
Deputy Development Services Manager
Telephone 0116 272 7688

VISIT OUR WEBSITE:



Please save paper and only print out what is necessary

If you would like to receive news and service updates from Blaby District Council by email please subscribe here, letting us know which topics interest you.


Find out what level of service you are entitled to receive by viewing our Service Standards.

---

Original Message

---

From: xxxxxxxxxxxxxxxxxxxxxxxxxxx
Sent: 17 January 2017 16:51
To: xxxxxxxx
Subject: Re: Aldi Store, Blaby, ANPR Cameras

Dear xxx,

Thanks very much for your reply.

On visiting the Aldi store, I notice that the cameras are mounted underneath a shelter attached to the store rather than on poles. Would this make a difference?

There are also many advertising signs for the parking management company, Parking Eye, situated in various places around the car park, clearly visible from the road. I believe a planning application is also required for these to be erected. Can you confirm that no applications have been received for these signs, and is there any likelihood of regulations being enforced in this instance?

I can supply photos of some of the signs and the ANPR cameras if this would help.

Thanks for your help,

xxxxxxx


On 17/01/2017 13:42, xxxxxx wrote:
> Dear xxxxxxx,
>
> Thank you for your email. I can confirm that planning permission would normally be required for the installation of freestanding ANPR cameras, and further, I can also confirm that there is no record of Aldi Stores, or any other company or individual applying for such cameras.
>
> I hope that this satisfactorily answers your questions but if you require any further information please do not hesitate to contact me.
>
> Yours sincerely,
>
> xxxxxxxxx
> Deputy Development Services Manager
> Telephone 0116 272 7688
>
> VISIT OUR WEBSITE:
>
>
>
> Please save paper and only print out what is necessary
>
> If you would like to receive news and service updates from Blaby District Council by email please subscribe here, letting us know which topics interest you.
>
>
> Find out what level of service you are entitled to receive by viewing our Service Standards.
>
>
>
>

---

Original Message

---

> From: xxxxxxxxxxxxxxxxxxxxxxxx
> Sent: 16 January 2017 12:47
> To: Planning Mailbox
> Subject: Aldi Store, Blaby, ANPR Cameras
>
> Dear Sir/ Madam,
>
> This query is in regard to your policy regarding use of surveillance cameras and possible misuse under the Data Protection Act.
>
> Using your planning applications search facility, I can find no record for an application for the erection of poles and installation of ANPR (Advanced Number Plate Recognition) cameras at the Aldi store in Blaby.
>
> Firstly, does Blaby District Council require a planning application for this sort of facility, and secondly, have you received such an application from Aldi, or the private parking company (PPC) Parking Eye?
>
> Many thanks for your help.
>
> xxxxxxxxxxxx

polar-bear

I tried appealing to Aldi's customer services again, regarding their misinformation and how this affected my decision to continue with my POPLA appeal. They repeated their earlier statement that they cannot help if POPLA have made a ruling.
I have now emailed Aldi's MD, Mr Giles Hurley - thanks for the suggestion, Beamerguy. I'll post his response.

polar-bear

I am not sure at this stage if it will help my case but i have contacted the planning department of Blaby District Council regarding Aldi's ANPR cameras and advertising signage. Here is the email thread so far:

Dear xxxx

I can confirm that no applications for advertisement consent have been submitted for the signage as well. Any photos that you can send would be of use, as I will pass them onto our Enforcement Section to investigate as a formal complaint. I am not sure at this stage about the need for permission for the cameras if they are placed "on the building" so to speak, but will look into this further.

Best regards,

xxxxxx
Deputy Development Services Manager
Telephone 0116 272 7688

VISIT OUR WEBSITE: xxx.blaby.gov.uk



Please save paper and only print out what is necessary

If you would like to receive news and service updates from Blaby District Council by email please subscribe here, letting us know which topics interest you.


Find out what level of service you are entitled to receive by viewing our Service Standards.

---

Original Message

---

From: xxxxxxxxxxxxxxxxxxxxxxxxxxx
Sent: 17 January 2017 16:51
To: xxxxxxxx
Subject: Re: Aldi Store, Blaby, ANPR Cameras

Dear xxx,

Thanks very much for your reply.

On visiting the Aldi store, I notice that the cameras are mounted underneath a shelter attached to the store rather than on poles. Would this make a difference?

There are also many advertising signs for the parking management company, Parking Eye, situated in various places around the car park, clearly visible from the road. I believe a planning application is also required for these to be erected. Can you confirm that no applications have been received for these signs, and is there any likelihood of regulations being enforced in this instance?

I can supply photos of some of the signs and the ANPR cameras if this would help.

Thanks for your help,

xxxxxxx


On 17/01/2017 13:42, xxxxxx wrote:
> Dear xxxxxxx,
>
> Thank you for your email. I can confirm that planning permission would normally be required for the installation of freestanding ANPR cameras, and further, I can also confirm that there is no record of Aldi Stores, or any other company or individual applying for such cameras.
>
> I hope that this satisfactorily answers your questions but if you require any further information please do not hesitate to contact me.
>
> Yours sincerely,
>
> xxxxxxxxx
> Deputy Development Services Manager
> Telephone 0116 272 7688
>
> VISIT OUR WEBSITE: xxx.blaby.gov.uk
>
>
>
> Please save paper and only print out what is necessary
>
> If you would like to receive news and service updates from Blaby District Council by email please subscribe here, letting us know which topics interest you.
>
>
> Find out what level of service you are entitled to receive by viewing our Service Standards.
>
>
>
>

---

Original Message

---

> From: xxxxxxxxxxxxxxxxxxxxxxxx
> Sent: 16 January 2017 12:47
> To: Planning Mailbox
> Subject: Aldi Store, Blaby, ANPR Cameras
>
> Dear Sir/ Madam,
>
> This query is in regard to your policy regarding use of surveillance cameras and possible misuse under the Data Protection Act.
>
> Using your planning applications search facility, I can find no record for an application for the erection of poles and installation of ANPR (Advanced Number Plate Recognition) cameras at the Aldi store in Blaby.
>
> Firstly, does Blaby District Council require a planning application for this sort of facility, and secondly, have you received such an application from Aldi, or the private parking company (PPC) Parking Eye?
>
> Many thanks for your help.
>
> xxxxxxxxxxxx

polar-bear

Here is the email thread from my attempt to contact Giles Hurley, Aldi's MD:

Dear Jan,

Thanks for your reply. You are correct in your understanding that this is not the outcome I was hoping for!

I may be missing something, or perhaps you have not fully understood the main point I was making. You and Parking Eye (PE) have agreed that my wife was shopping in the store. The store signage indicates that customers have 1 1/2 hours free parking when they shop in the store, and the photos supplied by PE indicate she was in the car park for a total of 1 hour and 12 minutes. (What makes this even more ironic was that she was shopping on behalf of a charity she volunteers for, not for personal items.)

The email I received from your customer services advised that there is a basis for considering appeals as follows "they judge the appeal based on the amount spent cross referenced with the time spent at the store".

If this is the case then you should be able to explain how this cross referencing process is worked out, so please supply me with details. There is no indication of this condition anywhere in the store.

You state that "They have also checked the database for partial or incorrect entries that may have been made".
Parking Eye have not supplied any evidence to support this. I would like the list of car registrations recorded from the time on the till receipt to around 10 minutes later, say, to be supplied to me to check manually, although this still wouldn't prove that the number failed to register due to some technical problem. I don't deny that my wife might have forgotten to record her details, but that is the point. I feel the reasons given above should be sufficient grounds for cancelling the charge on its own merits. To me, and I suspect to most fair-minded people, the fact is that my wife shopped in your store, and parked for less than the allowed 1 1/2 hours. A £70 charge for a potential oversight, or worse still a technical fault, seems grossly unfair. The charge ought to have been quashed as soon as PE realised that my wife was a genuine shopper.

Irrespective of PE's decision and the resultant POPLA appeal, I know you still have influence in this matter as PE are working on behalf of Aldi as your agent. If PE continue to pursue this charge I will consider it as harassment. We certainly won't continue to shop in your store if this is how you treat your customers.

Best wishes,

xxxxxxxxx



Dear xxxxxxx



I am writing regarding your recent correspondence addressed to our Group Managing Director, Giles Hurley, who has reviewed your email and asked me to respond on his behalf.



Thank you for taking the time and effort to contact us about the parking charge your wife received whilst visiting our Blaby store. I am sorry to hear that your appeal has been rejected by both ParkingEye and POPLA and appreciate you bringing this matter to our attention.



As you are aware, ParkingEye manages the Blaby car park using Automatic Number Plate Recognition (ANPR) cameras to monitor vehicles entering and leaving the car park. This system is in place to ensure that we can offer free parking to our customers and helps to prevent any abuse of our car park. It also operates a terminal system, which was introduced at our Blaby store when it became apparent that the ANPR cameras alone were not preventing people from taking advantage of the free parking that we offer, by not using our store and visiting the nearby town centre. This left our genuine customers unable to find a space when they came to shop with us.



I have spoken to ParkingEye with regards to your appeal and the reason that this was not successful. They have confirmed that they are confident that the terminal recording system was working correctly at the time of your wife’s visit, as they have a large number of entries from other motorists at this time. They have also checked the database for partial or incorrect entries that may have been made and have confirmed that nothing resembling BN59 VOP was entered. Furthermore, they have confirmed that although a receipt was provided for shopping totalling £17.22, purchased at 11:36am, they rejected the appeal on the basis that the vehicle did not leave the car park until 12:19pm, some 43 minutes later. As the car park is for use of customers whilst shopping in our store only, as advised on the signage in the car park, the appeal was rejected on this basis as they were unable to discount the possibility that the car park facilities were abused during this time.



Both ourselves and ParkingEye will judge an appeal based on the details of your proof of purchase, to see if the length of time spent in the car park, is indicative of the spend in store. Please be assured that we take into account that all customers shop at a different speed, and will also judge any appeal based on an individual’s unique circumstances, for example if they have provided evidence of a disability.



I am sorry to hear that you were disappointed with the correspondence you received from our Parking Management Team. I have reviewed this and can confirm that the correct information was provided and it was advised that should you continue your appeal with POPLA; once their determination had been made we would no longer be able to offer any assistance with your appeal. However, I appreciate why the information given may have left you confused and I can only apologise for any inconvenience caused. Please be assured that our team would have been more than happy to help clarify the situation, had this been requested from them.



We are of course, aware of the negative publicity associated with ParkingEye. However, as I hope you can appreciate, there is a lot of negative publicity with most parking enforcement companies, due to the nature of the business. We employ ParkingEye to ensure that our car parks are not being abused and preventing genuine customers from being able to easily find parking spaces when shopping with us, as we found this was a regular occurrence. I would like to reassure you that ParkingEye operate within the guidelines of the British Parking Association.



Regrettably, as your appeal has now been rejected by ParkingEye and POPLA, we would no longer be in a position to assist with your appeal or overturn the decision that has been made. I understand that this may not be the outcome that you are hoping for and I would like to apologise for any disappointment caused.



We appreciate you bringing this matter to our attention and hope that you and your wife will continue to shop with us.



Yours sincerely







Jan Becher

Customer Service Supervisor