Two Saints retail Park Ormskirk

jdonal · 17 March 2017 at 2:56PM

HI, Not sure if anyone can help. Back in November I parked at the Two Saints retail park in Ormskirk to do a weekly shop at Aldi. It was market day in the town and difficult to find a space in the car park. When I eventually did, I purchased a 2 hour parking ticket, which was time stamped 12.16. After doing my shopping, I left the car park at 13.58, and therefore thought I was comfortably within the 2 hour stay. A few weeks later I received a PCN from Parking eye, claiming £100 as their cameras said I accessed the car park at 11.42, so had stayed for 2 hours 16 minutes. I had no knowledge of this site at that time, so got in touch with Aldi, firstly the store manager, and then their customer services. They said if I could provide them with a valid shopping receipt for that time, and the PCN, they would deal with it and get it quashed. They did warn me that it would take them approximately 28 days to do this, and in the mean time I would get a follow up letter from Parking Eye, but just to ignore this. Perhaps a bit naively, I followed this advice. 3 months later I have received a court summons from Parking Eye, now demanding £175, and when I phoned Aldi regarding this they informed me that they don't own the land, so there is nothing they can do to help. I queried why they told me back in November that they would deal with it, but I just got a weak apology. Obviously, by ignoring the second letter, on their advice, I am now well past the time allowed to appeal to POPLA. Added to this, the court papers are for Northampton, about 150 miles from where I live, so I don't want to travel all of that way to court, only to lose. Any advice on a way to fight this would be really appreciated.

Coupon-mad · 17 March 2017 at 3:00PM

Added to this, the court papers are for Northampton, about 150 miles from where I live, so I don't want to travel all of that way to court, only to lose.

But the hearing will be at your local court.

You need to read the info already here.

Post #2 of 'NEWBIES PLEASE READ THESE FAQs FIRST' is all about defending small claims.

jdonal · 17 March 2017 at 11:34PM

Thanks for the quick reply. I have looked at the Newbies FAQ thread, but can't find the post#2 you mention. I am considering trying a late appeal to POPLA asking them to consider it as I didn't originally appeal due to Aldi assuring me they would have it quashed for me. My main line of appeal is the actual length of time I was parked, as there is nothing on the signs to say your time starts from when you enter the car park, rather than the time on your ticket that you buy once you get parked. Does this seem a reasonable approach?

Coupon-mad · 18 March 2017 at 12:02AM

Thanks for the quick reply. I have looked at the Newbies FAQ thread, but can't find the post#2 you mention.

You can't find the second post...comes after the first post? Like your post above mine here is post #3 and mine is post #4.

Seriously, you need to get organised and read the forum properly before you sleepwalk into a CCJ.

I am considering trying a late appeal to POPLA. Does this seem a reasonable approach?

NONONONONONO!

You have a court claim and only 14 days to do the MCOL Acknowledgement of Service or you get a CCJ by default!

Please, please, please, go back to the NEWBIES thread and read the second post there. Take it in and tell us when you have done the AOS (there is even a step by step explanation of how to do that easy bit). Then draft a defence and show us (and you will learn how, in post #2 of the NEWBIES thread).

jdonal · 22 March 2017 at 8:54PM

I have filled in the AOS
My defence is that although I may have entered the car park at 11.42, as they allege, I was unable to find a parking space for around 30 minutes. I parked and went to the machine and purchased a 2 hour ticket. This is time stamped as 12.16. There is nothing on their signs to say that timings are taken from cameras as you enter and leave the car park, so my expectation was that the car park would be monitored by their staff, and I had paid for parking till 14.16. I displayed the ticket in the car window and went to do my shopping. I left the car park at 13.58, so my ticket was still valid for a further 18 minutes. Are they really allowed to charge you for time spent waiting for a space, and not even inform you of this? How many people would note the time on their watch as they enter the car park, rather than the time on the ticket they purchase?

Coupon-mad · 24 March 2017 at 1:01AM

Agreed - but that is not a defence. Don't write ONLY that.

As advised, go to the NEWBIES thread and read the second post there, read about defences now.

Two Saints retail Park Ormskirk

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