Parking Eye Penalty - Aldi Upminster

[Grippy]

Hi All

 

New to the site but exteremly impressed. Those answering the majority of these threads - thank you!!

 

Inevitably I have received a charge of £50 (£40 if paid by 22/8/08) for supposedly staying in the above car park for 12 mins longer than I should.

 

Unfortunately I had phoned these jokers before I started research (schoolboy error I know) and all but admitted I was the driver.

 

However having seen the error of my ways I have read the advice posted by petej2811 which looks to be a work of genius and have drafted a letter to Parking Eye and DVLA.

 

I have picked up all three points, (contract and damages, DVLA misuse and Unfair Terms) and I have as advised told them not to contact me again and quoted the Protection From Harrasment Act.

 

Do you know of anyone where this letter has worked first time?

 

If not and the letters keep coming do I report them to the Police for harrasment?

 

What sort of reponse do we get from the Police?

 

Thanks for you help people

[lamma]

the phone call is irrelevant - why do you think all the PPCs only accept written 'appeals' and none over the phone.

Could be much more than Harassment involved - we haven't seen all of the paperwork. A good stroll around here will pick up posts on several other potentially applicable Acts.

I wouldn't waste my time writing to Parking Eye - do you expect them to hold their hands up and say "Yes, you are correct out invoices are unenforceable rubbish. Thanks for pointing that out, we will close the business today and pursue an honest living instead."

[Grippy]

Duly noted. I did query it fairly strongly over the phone but as expected they ignored me. I guess I was just looking for a certaintity - no such thing I am guessing.

 

I'll send the letter anyway (I've just paid the postage) they might get the message and just write it off (here's hoping!).

 

Thanks for the reply though!

[Grippy]

Thanks Lamma, having read your reponses to other people I am going to take your advice and ignore everything - treat them with the contempt they deserve!

 

Cheers!:grin:

[Grippy]

Thought I would post an update. Still shaking with anger!!

 

They phoned me, didn't say who they were when they left a message and I phoned a number back - for the benefit of others the number they called from was 0870 4584285 and asked me to call 0845 6329692.

 

Anyway I realised who it was when they answered the phone and then they demanded that I pay the £40. I told them to leave me alone and if they want me to pay take me to court. I said I didn't believe it was a breach of contract and could they stop contacting me.

 

The bloody nerve of these people.

 

Interesting that they only want the £40 not the £70 which it should be by now!

 

Assuming they do take me to court (long shot I know) and I lose (even longer shot!) does this count as a CCJ? Or do I then have to not pay that to get a CCJ?

 

Thanks

[Barnsley Boy]

This is hypothetical but yes - it would stand as a CCJ. However, for this to affect your credit rating it would have to become an "outstanding CCJ" - that is that you don't settle payment within the stipulated period. Credit agencies have access to these lists of outstanding CCJs. Normal judgements, settled within the time period do not get on to these lists in the first place.

[Grippy]

Thanks for your help Barnsley Boy.

 

Do you know of anyone that has actually lost one of these claims?

[pin1onu]

Thanks for your help Barnsley Boy.

 

Do you know of anyone that has actually lost one of these claims?

I don't know of anyone who's lost using the defenses mentioned in the PPC guide in the stickies section.

 

Occassionally the PPC's will record a "win" through a no show in court or through the ignorance of a defendant.

 

By far the majority of people on these forums receive a handful of toilet paper, sorry, I mean threatening letters and then hear nothing more.

[Barnsley Boy]

The small claims court is a bit of a "quick and dirty" form of justice. It is quite possible for a PPC to win against a poor defence or a no show. We've yet to hear of a win against a "proper" defence.

 

No worries with Parking Eye, they have already shot their bolt in their "notice to owner" which states that the registered keeper is liable!!! Simply NO CHANCE of Parking Eye wishing to have their paperwork scrutinised by a court.

[wimberry]

Really, don't pay. I haven't! Check out my "Combat Blog":

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/156986-parking-charge-notice-parking.html

[Grippy]

Thank you everyone, you obviously picked up on my doubts!

 

You have strengthened my resolve.

 

Cheers

[letshelp]

Hi Grippy,

Follow these rules:

1) Under NO circumstances even think about paying these unenforceable invoices.

2) If feeling a bit wobbly and unsure, refer to rule 1

regards

[Grippy]

Thanks for the advice letshelp!!

 

I won't cave, I promise!

 

I'll post the updates of the ineviatable letters as they come through.

 

Thanks again everyone!

[letshelp]

Thats right, there will be letters, but now you know what to expect, you can be happy and ignore them. They will try and up the scare tactics with fantasy stories of, COURT ACTION, BAILIFFS, FIELD AGENTS, but just ignore them and they will go away and chase other more vulnerable people.

regards

[Grippy]

Another update;

 

Received what I assume to be standard letter number two. This one has pretty pictures of my car on it. I have 4 days to pay £40 or it goes up to £70 plus the possiblity of "many additional charges".

 

Rest assured I am standing firm!

 

I've been contacted twice in 6 days, guess they are trying the 'shock and awe' tactick. Thanks to this forum I am neither shocked nor awed, thank you!!

 

I'll post future updates as they happen.

 

Cheers people

 

Grippy

[lamma]

oh good they spending money faster on their letters. as the credit crunch bites more and more will find their way here I guess. maybe they are trying to make hay while they can.

[Grippy]

At last something good to come out of the credit crunch!!

 

At this rate I'll have had my 6 letters by the middle of October.

 

Cheers Lamma

 

Grippy

[letshelp]

Hi Grippy,

Very glad to hear you are standing firm on this matter.

Keep us updated and feel free to post any letters, minus personal details to give us all a good laugh.

regards

[pickle29]

Hi, don't know if it's relevant but it may be should this matter ever reach the courts.

 

The car park for Aldi in Upminster is not owned by Aldi, it is leased by them from Havering Council. If I understand some of what I've read, both the parking firm and Aldi must be licensed to hold the Data from CCTV images (& probably the council too).

 

This may form a good basis for any court claim to be thrown out ( but I'm sure those of a legal persuasion will correct me if necessary)

[lamma]

don't even try. see www appealyourticket.co.uk/support/index.php?_m=knowledgebase&_a=viewarticle&kbarticleid=21

[Grippy]

Thanks for trying to help everyone, hopefully it'll just go away but I love the fact that everyone is so willing, and able, to help me fight these bar stools!

[Squeeler]

Hi All

I have also recieved a "Parking Charge Reminder" from Parking Eye for an Aldi carpark. Having read thro' all the posts realised that it was nothing more than a sham. I spent a few hours last night composing various letters from the excellent templates available, then I had a rare and consise thought.

This morning I called Aldi, explained why we were late getting back to the car (having been shopping within the store) and they immeadiately offered to cancel this "charge". The person I spoke to was very reasonable and after a few minutes admitted that the whole scheme has been a disaster and they cannot wait to get rid of Parking Eye. Even Aldi descibed the parking charges as "borderline" and Parking Eye to be Cowboys which is being generous.

I explined that despite Parking Eye being members of the BPA (but strangley with 2 membership numbers??) they do not follow the BPA guidence document in several aspects and as part of their agreement with the DVLA they are bound by all aspects of the BPA, therefore they unlawfully aquired my details from the DVLA.

So I call on anyone who has recieved a "parking Notice Charge" or alike to, in the first instant, contact the retail outfit, they rely on your custom to stay in business, they have customer service departments, call them. Its the retailer who controls these Private parking Companies, they pay their wages!

One comment from the person in Aldi was that I was the first "calm" call they had recieved for a long time (I was calm as I knew from this site that I would not be lining Parking Eyes pockets), please when dealing with anyone one over the phone, be polite and consise as this will have 2 effects, to soften the other persons resolve and secondly annoy the crap out them for you not being upset!

 

The BPA is a trade organisation which needs to be lobbied, They do not accept any communication from the general public, I am sure that if they did they would have to expell many of their members. There is a comments section on their website, please use it.

[Grippy]

Hi Squeeler, thanks for the advice.

 

Do you happen to have their number to hand?

 

Thanks

 

Grippy

[Grippy]

Don't worry i have just phoned the customer service line on the website: 0844 406 8800.

 

They put me through to the regional customer service department, where someone took down my number and asked where I got the charge from. They said someone would call me.

 

I may need to follow that up but it is worth a shot.

 

Thanks

[Al27]

Nicely done.

 

I support complaining to the landowner / supermarket in these instances.

 

Of course, you are out of pocket in regards to a phone call and your time and Parking Eye wouldn't have done anything even if you'd ignored them completely.