Parking eye overstayed, do I have any recourse?

EagerLearner

Hi I overstayed in an Aldi car park, contested with them as I think the £70 for 13 minutes is extortionate especially as I did go shopping in Aldi, and sent them screen shot.
They say my appeal is unsuccessful, is there anything I can do or do I just part with the cash?

Umkomaas

Complain to Aldi HQ. Send them copy of the receipt for the day, also send them any back copies of receipts proving regular patronage. Bombard their Facebook and Twitter pages.

They will more than likely cancel it for you. If not, use your POPLA code - NEWBIES FAQ sticky, post #3 tells you how to.

No need to pay this as there is absolutely no evidence of PE ever pursuing an Aldi case at county court level, despite being the country's most litigious car park operator (we believe Aldi have refused to let them sue their customers).

EagerLearner

Thank you so much, I have much better use for the money than give it to them, I see they even refer to the 2015 court case to scare you into paying. I'll be writing to Aldi hq, don't have receipts but can email them bank screen shots thanks again

Umkomaas

I'll be writing to Aldi hq, don't have receipts but can email them bank screen shots thanks again

Bank or cc statements are ideal. Do please drop us a short update on how this progresses.

You haven't confirmed whether you have a POPLA Code, but do not wait for an Aldi response and miss the deadline to appeal this to POPLA. After a landowner cancellation, POPLA is your best chance to kill this, as long as you get your appeal in on time.

Coupon-mad

EagerLearner wrote: »

Hi I overstayed in an Aldi car park, contested with them as I think the £70 for 13 minutes is extortionate especially as I did go shopping in Aldi, and sent them screen shot.
They say my appeal is unsuccessful, is there anything I can do or do I just part with the cash?

Sounds like you haven't yet read NEWBIES PLEASE READ THESE FAQS FIRST - the sticky thread that tells you how to appeal at each stage.

ON THIS FORUM, THE STICKY THREAD IS KEY.

EagerLearner

Hi couponmad I did start yesterday before posting but I must admit I got overwhelmed with all the different links.
I'm not even sure what a POPLA code is yet, I assume I get that and then write to Aldi.
I'll look into both today thank you.

EagerLearner

Looks like this is a similar case:

Decision: Allowed

Assessor:Shona Watson

Date: 13 February 2013

Reported: http://notomob.co.uk/discussions/index.php/topic,2427.90.html post #99

SuccessfulGrounds: The Operator has notdemonstrated that it has authority the issue parking charge notices.

PPC: Parking Eye



The Operator issued parking charge notice number 210732/470240 arising out ofthe presence at ALDI XXXXXXXX on 31 October 2012, of a vehicle withregistration mark XXXXXXXXX.
The Appellant appealed against liability for the parking charge.
The Assessor has considered the evidence of both parties and has determinedthat the appeal be allowed.
The Assessor’s reasons are as set out.
The Operator should now cancel the parking charge notice forthwith


Reasons for the Assessor’s Determination
On 6 November 2012, the Operator issued a parking charge notice because thevehicle with registration mark XXXXXXXXXXXXX was recorded on 31 October 2012via automatic number plate recognition as having stayed in the ALDI XXXXXXXXXCar Park for 1 hour 43 minutes, which was longer than the maximum stay of 1hour 30 minutes.
The Operator’s case is that the terms and conditions for parking are clearlydisplayed throughout the site. Copies of the conditions have been produced.They state that there is a 1 ½ hour maximum stay and that a failure to complywith the restrictions means that a parking charge notice will be issued.
The Appellant made representations, submitting that the amount of the charge isdisproportionate to the loss incurred by the Operator, and is punitive,contravening the Unfair Contract Terms Act 1997. The Appellant also states thatthe Operator has no proprietary interest in the land and therefore has noauthority to issue parking charge notices. In addition the Appellant submitsthat the Operator has breached the BPA Code by not stating on their signs thatautomatic number plate recognition is being used at the site.
The Operator rejected the representations, because the terms and conditions areclearly displayed, and therefore the Appellant is deemed to have agreed to themby parking his vehicle at the site. The Operator also states that simplybecause parking contracts are not individually negotiated does not make themautomatically unfair, as the Operator offers motorists a grace period in orderto enter the car park, consider the terms and conditions, and leave if theychoose not to agree to those terms and conditions.
The Operator does not respond to the Appellant’s submission that they do nothave authority to issue parking charge notices. Membership of the ApprovedOperator Scheme does require the Operator to have clear authorisation from thelandowner (if the Operator is not the landowner), to manage and enforceparking. This is set out in the BPA Code of Practice. Therefore the Operator islikely to have authority to issue parking charge notices.
However, as the point was raised by the Appellant, then the Operator shouldaddress it by producing such evidence as they believe shows that they do haveauthority. No evidence has been produced to address this issue.

Having carefully considered all the evidence before me, I must find as a factthat, on this particular occasion, the Operator has not shown that they haveauthority to issue parking charge notices. As the Appellant submits that theOperator does not have authority, the burden of proof shifts to the Operator toprove otherwise. The Operator has not discharged the burden.
Accordingly, this appeal must be allowed.

EagerLearner

And this, which night help someone in future who's searching the forum for Aldi parking eye:

"It would be easier in a separate thread but regardless, don't pay this !

Most of the time we recommend you complain to the retailer ( Aldi ) but personally I think that is letting Aldi off the hook. They now need to be taught a lesson. So here's the process :

1. Complain to Aldi ( if you want to )
2. Appeal to Parking Eye saying you were a valid customer
3. Appeal to POPLA - as this is from Aldi and currently they are my pet hate, I'm very happy to write the POPLA appeal for you. You WILL win.

By appealing to POPLA you will cost Parking Eye £32 and their "club" the BPA £100 - how good does that feel ?"

EagerLearner

Have emailed and messaged Aldi on facebook, including scan of letter and the bank screen shot. I'll go the POPLA route tomorrow assuming this costs parking eye a fee as well.
I will update here with any news.

customer.service@aldi.co.uk
0800 042 0800

EagerLearner

Reply from Aldi on facebook messanger just now:

Hi xxxxxx thanks for your message. At Aldi we hope you can appreciate the need to have a car park management system in place, in a number of our stores across the UK, to ensure the provision of car parking availability to all our customers. Parking Eye manage many of our car parks, mostly with a simple time-sensitive automatic number plate recognition system. However, in a handful of our stores, it has been necessary to install other systems whereby customers are required to enter their registration prior to leaving the store. This system is in place solely to ensure free parking for our customers. Aldi do not receive any revenue from these parking measures. If you feel you have received a charge unfairly, please do let us know. We are more than happy to look into individual cases. As the image is a little unclear, please send your proof of purchase or bank transactions for Aldi (no need for personal details), car registration number, and parking charge reference number to customer.service@aldi.co.uk and a member of the Parking Management team will contact you. Alternatively please send these details through private message and we'll pass these directly over. We hope this helps. Thanks again. Abby, Aldi UK Facebook Team



I had attached the files so seems on odd reply but I wrote back to confirm I had also emailed them.

EagerLearner

Just an update that the fine will be canceled, thankfully Aldi have intervened. Email was the best way forward, they were good at responding on FB in the first instance:



"Thank you for your recent email regarding the parking charge notice that you received.

On this occasion, and as a gesture of goodwill, I am happy to contact ParkingEye and get this charge cancelled.

As you are now aware, ParkingEye manages this car park using Automatic Number Plate Recognition (ANPR) cameras that monitor cars entering and leaving the car park. This system is in place to ensure free parking for our customers.
​
We would like to remind you that the car park offers free parking for a maximum stay of ninety minutes when using our store only. If you wish to use other local stores or facilities before or after completing your shopping in Aldi, we kindly ask that the vehicle is moved.


I hope that this satisfactorily resolves this matter for you. We value your custom and hope that you will continue to shop with us.


Yours sincerely



Karen Bell
Parking Management Team
Aldi Customer Services
UK 0800 042 0800
customer.service@aldi.co.uk
https://www.aldi.co.uk