Forgot to Register Receipt In Aldi, Appeal Declined - Parking Eye

clutternutter

Sorry if this post is written badly, this is my first post...

I used an Aldi car park and forgot to register my receipt in the store before I left. Should I just pay the fine??

Parking Eye and Aldi (customer services) have said even though I have a valid receipt, it doesnt meet the landowners criteria to park for free. I was having a senior moment and just totally forgot to register my receipt before leaving the Aldi.

I didnt even think to look on here before appealing, so I have already admitted it was me. I'm a great believer in honesty being the best policy and put my hands up and said I just totally forgot (which is the case). I dont understand why with my receipt, they wont cancel the parking penalty. I checked that I had purchased the minimum amount in the store with the staff, and was only in the car park under 45mins when 90 mins is the limit. If I had entered my details in the machine in the store, they wouldnt have been able to issue the fine. So, should I appeal to Popla? or send an 'I'm not paying' letter that I've read about on here or just pay it now before the fine goes up to the full amount?

FYI - this is a camera in and out taking your number plate type ticket

Any advice would be most appreciated

Redx

just follow the advice in the NEWBIES sticky thread

1) read post #3 and draft up a popla appeal based on the templates and examples , as driver if the driver has been admitted (so no POFA2012 stuff)

2) additionally, COMPLAIN TO THE SUPERMARKET and insist they cancel it, show proof of patronage and copies of receipts and bank statements - do not take NO for an answer (take it to the head office and CEO and complain on social media , they hate that)

its not a "fine" , its an invoice (WHICH IDIOT TOLD YOU ITS A FINE ?)

its not a "penalty" either (its still an invoice , nothing more)

and no , you should not pay it , you should fight it and also complain to the people who hired PE

fisherjim

"Parking Eye and Aldi (customer services) have said even though I have a valid receipt, it doesnt meet the landowners criteria to park for free"

Ah yes Inspector Dreyfuss the naughty old hidden clause routine, have a read of this thread:

https://forums.moneysavingexpert.com/discussion/5599997

Umkomaas

While PE are (currently) the most litigious parking company in England and Wales, we have never seen an Aldi case progress to the county court, which more than suggests that Aldi won't allow that to happen - how good of them, but they don't care that their customers are otherwise hassled despite spending their money with them.

Your bottom line is that other than (utterly powerless) debt collector letters - they can't do anything other than write to you - nothing is really going to happen.

Get on with rattling Aldi's cage, don't get fobbed off by them, because you are on pretty safe ground.

clutternutter

Thanks everyone for your really speedy replies and the great advice. Its really, really appreciated. Will let you know how it pans out...

clutternutter

Update 26/4
Appealed to Popla - explaining circumstances - appeal was declined.... what do i do now?

Their official reply is: The terms and conditions at the site state “Aldi Parking Regulations. If shopping in store: No need to pay the Payment Machine, Aldi customers must register their vehicle in store to qualify for 2 hours free parking. Failure to comply with the terms and conditions will result in a Parking Charge of £70”. The site operates Automatic Number Plate Recognition (ANPR), the appellant’s vehicle registration ******* was captured entering the site at 09:21 and exiting at 10:02. The appellant remained at the site for a period of 41 minutes. A system generated print out shows that the appellant’s vehicle registration number does not appear on the date of the event. The operator issued a PCN to the appellant for not purchasing the appropriate parking time or by remaining at the car park for longer than permitted. The appellant states they did purchase items at Aldi but forgot to register their vehicle inside the store. The appellant states that the signs are too small and do not include information about a minimum spend at the site to qualify for free parking for customers. In relation to signage, Section 18.3 of the British Parking Association (BPA) Code of Practice states: “Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand. Signs showing your detailed terms and conditions must be at least 450mm x 450mm”. Within its response, the operator has provided a couple of photographs documenting the signage at the location and a map of the site. Upon review, I can see the site has 18 signs, which I can see are placed at entrance, exit and throughout the site. I acknowledge the signs do not state information regarding a minimum spend to qualify for free parking, as the site is free parking for Aldi customers I consider that the signage does not need to state this information. The signage is clear that Aldi customers need to register in store. In addition, I am satisfied that the signage is the required size. When looking at appeals, POPLA considers whether a parking contract was formed and, if so, whether the motorist kept to the conditions of the contract. In order to do this POPLA reviews the evidence provided by both parties to determine the outcome. POPLA cannot allow an appeal if a contract was formed and the motorist did not keep to the parking conditions. It is the responsibility of the motorist to ensure that when they enter a car park, they have understood the terms and conditions of parking. By remaining parked on site, the appellant accepted the terms and conditions. On this occasion, the appellant has failed to keep to the contract offered by not registering their vehicle for a permit they did not keep to the conditions of the contract. Based on the evidence and the information provided I am satisfied that the appellant has not complied with the terms and conditions offered at the site, as such I conclude that the PCN was issued correctly. Accordingly, I refuse this appeal.
Help!!

Coupon-mad

Appealed to Popla - explaining circumstances - appeal was declined.... what do i do now?

Dare I ask why you didn't follow forum advice? Redx told you from the off to read a specific part of the NEWBIES thread:

1) read post #3 and draft up a popla appeal based on the templates and examples

POPLA can't consider mitigating circumstances so the appeal was wasted.

The saving grace is, this is Aldi and we have NEVER seen ParkingEye sue over an Aldi site, so we believe the contract with Walmart disallows it. PE would not miss a chance if they could - we think they can't, after years of seeing these, no claims at all re Aldi sites (unlike Morrisons).

So do not pay and let's see what they do. No big deal.

nigelbb

Coupon-mad wrote: »

The saving grace is, this is Aldi and we have NEVER seen ParkingEye sue over an Aldi site, so we believe the contract with Walmart disallows it.

Walmart own ASDA not ALDI (which is German owned). The point that PE have never taken an ALDI customer to court is correct.

clutternutter

When I first went on here for advice, I'd already appealed to parking eye, so couldnt follow some of the advice given here, so i went down the appropriate route which was appeal to Aldi (no help) then appeal via Popla. Now I've had Popla decline the decision, I am considering writing the letter I should have (probably) written in the first place to Parking Eye, returning the 'invoice' and saying I'm not paying, and to not contact me again. I dont want to fuel the fire, and while i know being dizzy is not a defence, you'd think that fairness would play a part here, I did buy something in the store, just forgot to register my car. I dont want any chance of a CCJ or anything like that, but equally the fine is now £70 and I really dont want to give in knowing I didnt intentionally try to avoid paying the £1 (yes, £1) 1hour parking cost at the time I used the car park... Should I send the letter and hope this all goes away?

Half_way

there is a long long way to go before you hit CCJ territory, complain again to the store and to aldi.
Post your complaint up on here before you send it/act on it as you need to use the right terms and words.

Umkomaas

You'll only get a CCJ that affects credit worthiness if this goes to court, if you lose, if the judge awards costs against you, if you don't pay by the date required by the judge.

PE don't do court in Aldi cases.