Aldi, Corporation Street, Preston. Abused Patron Parking. Care Parking.

RKHX

happybagger said:

I haven't gone back through all 8 pages, but if you haven't done it yet, send a SAR to Care Parking while you're waiting.
That would flush out anything they'd have as 'strict proof' you left site (I think they've got more chance knitting fog than providing that proof)

Thanks. When they rejected my appeal they sent me all their 'info' as follows:
Your appeal has been rejected for the following reasons: 

• On XXXX at XXXX this vehicle, Registration XXXXXX, was parked at Corporation Street and the driver was observed leaving the site. 
• When parking at Corporation Street the driver of this vehicle agreed to pay a Parking Charge of £100 if they did not park in accordance with the terms printed on the contractual warning signs. 
• The contractual warning signs in place state: Customer Only car park. You must remain on site at all times your vehicle remains in the car park. The driver of this vehicle parked in contravention of this term of the contractual warning signs. 
• The operative on duty has witnessed the driver, exit the vehicle and leave the car park. 
• This car park is only free to members of the public who are patrons of the stores on site for the duration they remain on site. At the time the vehicle was issued with a charge the driver was not present on site so therefore not a patron of the on-site stores. 
• There are in excess of 22 contractual warning signs stating the terms and conditions for parking at this location, these are displayed at regular intervals around the car park. 
• Therefore, if you have failed to read or chosen to ignore the signage in place, Care Parking cannot be held responsible for this, nor is due to the signage not being clear or visible. 
• The operative witnessed the vehicle being parked on site and the driver leave the site in the direction of the town centre. You are not confirming nor denying if this was the case (actually I am strongly denying it!), however as can be seen on the operatives images of your vehicle parked on the edge of the car park and the birds-eye view of the car park below, from where you were parked, shown in red and the pedestrian site exits, shown in blue, we do not believe this was the case, as the operative would clearly see if you had gone towards the on-site stores or off site, as they observed.
• Although you have provided a receipt from Aldi, over 30 minutes after the PCN was issued, this does not discredit our operative’s observation, nor does it negate you from the parking restrictions in place.
• The evidence you have provided (Aldi receipt) would only suggest you were a customer at the time of XXXX it does not evident that you were a customer at the time of contravention, we would therefore assume that this was not the case. 
• Customers of the on-site stores, are allowed to use the car park for up to 2 hours, however as you left site, you were not a customer at that time, therefore your vehicle should not have been parked in the ‘Customer Only’ car park.
• The operative’s time and date stamped images linked below, show your vehicle parked on the edge of the car park, in close proximity to the pedestrian site exits, therefore the operative would clearly see if you had gone towards the on-site stores or off site, as they observed. 
• There is a Pay and Display car park on the opposite side of the road for patrons of the Town Centre, the free Customer Only car park should not be used as an alternative from this. 
• Care Parking enforce the parking restrictions in place at Corporation Street under the landowner’s authority, and until instructed otherwise we will continue to fulfil our contractual obligation. 
• Care Parking have a contract with the landowner to enforce the parking terms and conditions in place, and you parked in contravention of those terms. Our Signage clearly states the parking requirements and the costs of none compliance.
• The receipt you have provided does not negate you from the parking restrictions in place, nor does it justify you abusing the patron parking at this location. 
• Care Parking would therefore conclude that the driver of this vehicle failed to comply with the contractual warning signage in place and that this PCN was correctly issued.

Also:
They supplied an aerial image of the car park and marked on the location of my parked car and the location of the site exits.
They supplied a couple of images (from various angles) of my car parked in the bay with the PCN stuck to the windscreen.

Their only 'evidence' is a witness statement from their operative stating they saw me leave site. I have denied I left the site, so it's a 'he said/she said' scenario. 

I hope I am correct in assuming that an 'operative witness statement' and the fact that I parked close to an exit is not enough for them to win (over me) at POPLA.

twhitehousescat

very nice of them to conform that agreement is between then and "the counsil" and not thru a managing agent etc 

Coupon-mad

What a crime 'parking on the edge of the car park near a pedestrian walkway'!

MistyZ

RKHX said:

• The operative on duty has witnessed the driver, exit the vehicle and leave the car park. 

Wow, what a load of sinister clap-trap.  

I'd exit the site damn quick if followed by their creepy, camera-wielding 'operative'.  But you didn't and anyway they've picked the wrong person to try to intimidate.  

You have to win at POPLA, Care Parking have made a pig's ear of everything.  Personally I'd enjoy writing to Aldi's CEO about all of this though.  I see it illustrated by a cartoon strip featuring THE OPERATIVE.  Just how scary, hazardous and costly can a trip to that particular branch get?  

I know Aldi aren't responsible for Care Parking's presence but by fobbing you off / ignoring you they have colluded with them.

nosferatu1001

Still send a SAR. State you require the full, contemperaeous signed and dated notes made by their "operative", including their "operatives" full name and serviceable address, so you can serve a witness summons on them.

D_P_Dance

Leaving site clauses may breach the unfair T&C provisions in the Consumer Rights Act 2015.  In any case there could be two drivers, the one who parked and left the site, and the one who will drive away, who is already in the shop.

Fruitcake

I suggest you go back through this thread and make notes of all the different suggestions, then use that information to tear apart Scare Parking's rejection of you appeal.

twhitehousescat

why bother , let popla decide , it wont go any further after popla , hell i bet care dont even challenge at popla 

freeparking22

Umkomaas said:

the planning permission is still in place , not very easy to revoke it , is it !!
care parking know this , time and time again , they have been told , they will simply back down shortly

We really need just one dogged and determined newbie who has received a PCN outwith the planning permissions, to raise a complaint with the DVLA that Care Parking have knowingly accessed their personal data without reasonable cause. Maybe the local authority/Trading Standards should be engaged too. 

Unfortunately, all most ever want to do is get their own PCN kicked into touch, content to leave the trapdoor open for the next unsuspecting victim. 

'Dogged and determined' newbies are as rare as hens' teeth and disappear like will o' the wisp once they've milked the forum.

I’m new and currently appealing the same PCN for the same car park. What do I need to do to get this to the DVLA / Council etc. Happy to have a go but don’t know anything about the processes I would have to go through. Thanks 

Umkomaas

freeparking22 said:

Umkomaas said:

the planning permission is still in place , not very easy to revoke it , is it !!
care parking know this , time and time again , they have been told , they will simply back down shortly

We really need just one dogged and determined newbie who has received a PCN outwith the planning permissions, to raise a complaint with the DVLA that Care Parking have knowingly accessed their personal data without reasonable cause. Maybe the local authority/Trading Standards should be engaged too. 

Unfortunately, all most ever want to do is get their own PCN kicked into touch, content to leave the trapdoor open for the next unsuspecting victim. 

'Dogged and determined' newbies are as rare as hens' teeth and disappear like will o' the wisp once they've milked the forum.

I’m new and currently appealing the same PCN for the same car park. What do I need to do to get this to the DVLA / Council etc. Happy to have a go but don’t know anything about the processes I would have to go through. Thanks 

It might be better to post on your own thread in case there are any slight nuances not included in this thread. We can advise you there. To start the ball rolling it will need a complaint to the DVLA (with copies of the planning permission) that the PPC had no 'reasonable cause' to access your personal data for 'leaving the site' as the planning permission provided for the use of the car park for shopping elsewhere in the town. 

@twhitehousescat updated this thread with his own exploits in this regard after I posted my comments. You might want to send him a PM to ask his advice too on how you might build on his complaints. As I said, this needs dogged determination.