Parking at Aldi [Corporation Street, Preston] - Abused Patron Parking!

Grizebeck

Appeal to POPLA

The driver did not leave site.  This is denied in full and the parking firm has provided no evidence of anyone leaving site.
The operative will provide a statement from the "warden" stating they saw the driver leave site however since this didn't happen and since the operator has no photos to prove this happen it can not be proved
I put the operator to strict proof (with photos) of the driver leaving the car and then leaving site.  This wont be possible as it never occurred

That is all. They will upload their standard evidence file and POPLA will ask for comments.  when popla ask for comments you simply say "no evidence has be been provided of the driver leaving site"

Then let us know when its cancelled

emerald20

james2003 l have also had PCN from Ocean Parking at the same car park, Corporation Street, Preston, my appeal has also been rejected with the same response, witness saw me walking towards Town Centre, total untruth, l also have 2 witnesses stating l shopped at PoundStretcher and have receipts.
l am appealing to POPLA, with the same advice you have been given by Grizebeck. Have you heard back from POPLA.
Thank you to you all for your information and advice regarding this company, l will post response to my POPLA 
Regards

foden11

I have the name and contact details of the lady at the management agent who runs the site if you like i can pm to you.

Le_Kirk

foden11 said:

I have the name and contact details of the lady at the management agent who runs the site if you like i can pm to you.

Why not put them on the forum for anyone else in the same predicament to see and use.

emerald20

Thank you foden11 and Le_Kirk for your helpful information.
l have emailed today and I will post again when l receive response.

Half_way

Dont forget your toothbrush

foden11

Out of curiosity when planning was passed for development it was a condition that parking be allowed for 3 hours ( now reduced) to allow people to walk in to town to shop so are ocean parking ignoring  the terms of the planning consent or can it be removed?

Fruitcake

foden11 said:

Out of curiosity when planning was passed for development it was a condition that parking be allowed for 3 hours ( now reduced) to allow people to walk in to town to shop so are ocean parking ignoring  the terms of the planning consent or can it be removed?

Unless a new or an amendment to the original planning application has been made, a complaint should be made to the landowner, the council, the council planning department, and the local MP about this breach of the original planning order.
In addition, complaints should be made about the lack of advertising consent for the reduced hours since the original consent (if it ever existed) would have been for the 3 Hour signs.
If advertising consent was never approved for the original signs then the complaint should focus on that since it is a criminal offence, although only the council can pursue it. Sadly many don't but occasionally there is a council that will.

In addition to being a criminal offence, lack of advertising consent is a breach of Para 12 of the PoFA 2012. 
Complaints should be made to the BPA if this is the case, not that I think they will do anything about it. It is however yet more proof that the BPA and their members ignore the law to suit their needs.

Lack of advertising consent also leads to the 200 year old law that no man shall profit from an illegal act.

“The principle of public policy is this; ex dolo malo non oritur actio. No Court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.''

This was used to stop a couple of ParkingEye court claims, presumably because PE did not want this tested in court.

foden11

Thanks fruitcake very informative, I was wondering regarding ocean parking keep ticketing people for allegedly leaving site are in breech or the original planning consent (this is a well known scam on this site)

Coupon-mad

foden11 said:

Thanks fruitcake very informative, I was wondering regarding ocean parking keep ticketing people for allegedly leaving site are in breech or the original planning consent (this is a well known scam on this site)

I think so!  Look what the Council can do:
https://www.theargus.co.uk/news/9031524.amp/

What happened in the end after that article, and how is it relevant to 'leaving the site' cases, you may ask?  Well, I know all the history because Sussex is my area, so what happened was:

- Aldi were fined by the Council.

- ParkingEye were then behind a series of applications to reduce the free parking time.  They succeeded in the end. It's now 90 minutes.

- But during those years, ParkingEye suddenly put some extra signs up stating "Aldi Customers only" and made it a rule that motorists had to input their VRM inside that crappy Aldi.

- Those signs were spotted by an erstwhile pepipoo/MSE Forumite local to Portslade (not me but I know who he was) and he reported them to the Council for breach of Planning Permission (again).

- Those signs were removed WITHIN A WEEK because yes (same as in your case) the Planning Consent there required the car park to be open for people to also use local shops!  That was unchanged even when the free parking time was eroded.

I think you are onto something important...