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Parking Eye PCN while shopping at Aldi


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Thats pretty disturbing that this is happening.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Now that you have found your shopping receipt, send them nothing.......Go to court and give them a hiding they will never forget.....If every shopper stayed away because of PE's signage, Aldi would close down and PE's business running costs would remain the same.

 

So there is no way they can justify the charge being a genuine pre estimate of actual loss..." Under contract law the claimant should be entitled only to a sum which would put him in the same position as he would have been in if the breach of contract had not occurred."

 

They will also have to show they have permission from the landowner IE Council to bring proceedings in their own name....A written statement is insufficient, however they have been firing out all sorts of crap in the post recently, so dont be alarmed......you will win !!!

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Thanks to DCB for this lovely info following a popla appeal involving PE........They lost !!!!

 

"Whilst the Operator has provided a statement which it submits justifies the charge as a pre-estimate of loss, I am not minded to accept this justification.

 

The Operator must show that the charge sought is a genuine estimate of the potential loss caused by the parking breach,

in this case, the Appellant’s over stay in the car park for 25 minutes.

 

The Operator has produced a list of costs; however, these appear to be general operational costs, and not losses caused by the Appellant’s breach.

 

Consequently, I must find that the Operator has failed to produce sufficient evidence to demonstrate that the parking charge is a genuine pre-estimate of loss."

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Good Morning,

 

Have you appealed in writing to Parking Eye?

If you have and they have refused to listen to you use the POPLA code that they should have given you. Now get in an appeal based on genuine pre- estimate of loss ( none), and you can raise numerous other points, signage, right in law to sue, etc.

All of these will cost PE money and you should win if POPLA are even handed.

 

 

Martin g

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Again thanks for the advice just another update today received a letter from Parking Eye dated the 19th September 2013

 

Dear Sir/ Madam, Thank you for your correspondence in relation to the Parking Charge incurred on 06 September 2013 at 11:17, at Aldi Northfield car park

 

We are writing to advise you that your recent appeal has been referred for further information.

 

You have stated that you were not the driver of the vehicle at the date and time of the breach of the terms and conditions of the car park, but you have not indicated who was.

 

You have already been notified that under section 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking charge in full. As we do not know the drivers name or current postal address, if you were not the driver at the time, you should tell us the name and the current postal address.

 

You are warned that if, after 29 days from the date given (which is presumed to be the second working day after the date issued), the Parking Charge has not been paid in full and we do not know both the name and current address of the driver, we have the right recover any unpaid part of the parking charge from you, the registered keeper. This warning is given to you under paragraph 9(2)(f) of schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under schedule 4 of that Act.

 

This Parking Charge has been placed on hold for 14 days in order for you to provide additional/further evidence

 

They never even acknowledged any of my questions they seem to love this Protection of Freedoms Act every letter I have mentions it at least two times I need to look more in to that as I had never heard of it before this.

 

Before I tracked down my receipt I was reluctant to mention I was the driver at the time of the PCN being issued so started every bit of correspondence of with words to them effect

 

I now plan to rewrite to them telling them I was the named driver not through fear of there letter as reading it all threats stopped when asking who was the driver apart from the one telling me I will pay if I can not provide them who was driving.

 

No reply from Aldi's CEO as of yet

 

I do not wish to approach POPLA as of yet as I believe my hand is to strong and if I was to appeal through them the cost to Parking Eye would be minimal and would most likley be squashed I want this to see the court room as I believe that is the only way to tackle companies like this.

 

Unrelated but only found out on the weekend that 2-3 of my other family members have been hit by parking eye and told me "they was forced to pay up" redirected them here to read some information goes to show what effect they have on people who do not know how to find out where they stand on it.

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9(2)- The notice must - (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

 

 

9(2)- The notice must- (f) warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

 

The relevent sections as they like to keep quoting am going to read through the whole act when I have a little more time always cautious when threatened with sub sections rather than a copy of the act being placed with the letter for my information makes me think there is something in there that actually protects us

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