Parking Eye ANPR PCN - overstay, Aldi Hampton, Peterborough **WON ALDI TOLD PE TO DROP IT**

[ElleVW]

Hi

I'm wondering if anyone can help.

 

Received a parking Eye charge and appealed but it's been unsuccessful.

 

I wasn't aware of a time limit, shopped for Christmas and I'm disabled so it took longer because

a) I can't walk very well and

b) the shop was busy with Christmas checkout queues/busy aisles.

I was there 1hr 57 mins apparently.

 

In my online appeal I couldn't find the receipt so uploaded a copy of my bank statement showing a purchase on that day.

I've since found the receipt.

 

The error I made from reading these boards now is that I named myself (registered keeper is my husband) as the driver.

The email I've received today advises me theyve extended the reduced amount of £40 for 14 days further, or I can appeal to POPLA.

 

Do I continue on with the appeal or just have to pay it as I named myself as the driver?

 

Thank you in advance for any help.

 

For PNC's received through the post [ANPR camera capture

 

1 Date of the infringement 20/12/2017

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 01/01/2018

3 Date received 05/01/2018

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] not that I can see

 

5 Is there any photographic evidence of the event? Yes an anpr caprure of my reg plate (too dark to see driver)

 

6 Have you appealed? {y/n?] post up your appeal] y not sure how to put pics up

Have you had a response? [Y/N?] post it up y

 

7 Who is the parking company? Parking Eye

 

8. Where exactly [carpark name and town] Aldi Hampton Peterborough

 

For either option, does it say which appeals body they operate under.

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE BPA

 

If you have received any other correspondence, please mention it here

Email stating unsuccessful appeal via parking Eye

[Bazooka Boo]

Appeal to POPLA, is my first advice, Parking Lie always ignore appeals.

 

There's a myriad of defences here, but the fact that they fall foul of the Equality Act is the least of their worries!

[ElleVW]

Thank you so much for taking the time to reply ��

 

I'll appeal with POPLA.

 

On the list of eligible reasons for appeal with POPLA,

my case didn't seem to tick any boxes so I wasn't sure whether to try.

 

What grounds would you suggest I appeal on?

 

It looks as though being disabled doesn't count in reality so I'm not sure where to go with it?

[Bazooka Boo]

Hang fire for a while, EB will be along later to advise.

 

Their failure to abide by the equality act is only ONE line of defence, there will be a handful of others, signage, planning consent, planning permission, yadda yadda yadda...

[ElleVW]

Shall do, thank you so much.

[dx100uk]

read upload

post up the NTK please to pdf

[ElleVW]

What's NTK? I have a parking notice reminder letter I can upload tomorrow? Is that ok?

[dx100uk]

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 01/01/2018

 

scan that up to PDF please

[ElleVW]

Gotcha! Shall do, thanks dx100uk, I'll add it tomorrow

[DragonFly1967]

1 Date of the infringement 20/12/2017

 

3 Date received 05/01/2018

 

Anyone else spotted the elephant in the room?

 

That'll be 16 days then. The POFA doesn't make any allowance for 'Christmas post', so there is no keeper liability in this matter

[ericsbrother]

the OP has already identified herself as driver so POFA not helpful on this point.

 

What I would do is write to Aldi and explain about your disability,

tell them you a genuine customer

- you can show what time you were there and you have bank receipt or remember a number of the items bought they can find you on their system.

- and request they ask PE to cancel or provide a copy fo their equalites statement

and show where in that it says what part of the legislation they are referring to when they say they will not make reasonable allowances for disabled customers.

 

There is a fair chance that any parking resrrictions are mentioned in the planning application and consent so you should ask the council planning dept to look this out for you or at least point you to the relevant applications on their planning portal if the store is quite new.

 

Do this before you appeal to POPLA

Edited February 1, 2018 by honeybee13
Paras

[DragonFly1967]

the OP has already identified herself as driver so POFA not helpful on this point.

 

Your turn for a 'well spotted' then EB, I missed that completely

[ElleVW]

Oh dear, it looks like I did scupper myself as expected!

Yes I did name myself as the driver stupidly before I read the boards, oops.

 

They've sent me another letter today (both original and new one are attached, hopefully),

this time in my name and the date has changed so I don't think I'll be able to appeal via the long date line as someone previously mentioned anymore?

 

I only have a limited time to appeal to POPLA, so you think that's not worth doing at all then?

Should I send the letter to Aldi and hope for the best?

 

Thank you for all your help, it's much appreciated. I've been freaking out over it

image2.pdf

image1.pdf

[honeybee13]

You'll Hello there.

 

All is not lost, you can get over a bad start. Just tell the guys whatever they ask you and they'll figure out a way to fight this.

 

Don't contact PE without checking here though and don't ring or email them. You'll be OK.

 

HB

[ElleVW]

Thanks so much HB

[dx100uk]

think they are out of time are they not?

 

exceeds 14 days both times ?

[DragonFly1967]

It's by-the-by now, but if the driver hadn't have been named, there could not have been any keeper liability created because the original notice was out of time. I can't find anything in POFA that gives a time limit for sending a notice to a subsequently identified driver.

 

Personally, I'd start by visiting the Aldi store again, armed with any proof that I had that I was shopping there on that day and tearing the store Manager a new one, loudly and in front of other customers, until they agree to have it cancelled.

 

If they won't (never can't (no matter what they might try to tell you)). I'd be writing to the CEO of Aldi to tell them about a) the parking ticket and asking for it to be cancelled and b) how unhelpful the store Manager had been. Also, asking for (as EB has suggested) the Aldi policy for disabled customers and a statement of how they make reasonable allowances for them. Asking for a copy of ParkingLie's equalities statement and either a copy of the planning permission that allows an arbitrary time limit for parking, allows then to vary any period of free parking that was allowed in the planning approval, or the reference numbers for all planning applications for that store so that you can look them up on the local councils website.

 

That should 9 times out of 10, get the reaction that you want.

[dx100uk]

I can't find anything in POFA that gives a time limit for sending a notice to a subsequently identified driver....interesting..

[DragonFly1967]

This might be for a separate thread, but I've just been reading (and re-reading just to check I hadn't missed it) POFA regarding the naming of drivers, and the claims of ParkingLie et al, that if the person named as the driver denies that they were the driver then liability reverts to the keeper.

 

ParkingLie's wording is: "Should you identify someone, who denies they were the driver, we will pursue you for any Parking Charge amount that remains unpaid".

 

Whilst I get what they're saying in respect of giving some random, made up address for service, ie, "Joe Bloggs from 15 Any Road, Madeup on sea was driving", I can't find a single thing in POFA that would allow them, once a driver has been named and a legitimate address for service has been given, to revert liability back to the VK.

 

In fact, the POFA seems quite clear on the matter: Schedule 4. 9. 2(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 [ note that that's AND not OR ]

(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;

 

Once they have the name and a legitimate address for service of the driver, the keepers obligations are discharged. Whether or not the named person admits that they were driving is a matter for ParkingLie et al and is of no relevance at all to the keeper. If Joe Bloggs says they weren't driving, tough luck!

[ElleVW]

Ok, I'll go to the store and see if they can help. I have my original receipt now so I can clearly show I bought £150 worth of goods which is partly why it took me so long to get around the store. My shopping is nowhere near that usually!

 

So I don't appeal again and just wait for more letters from PE in the meantime?

 

Thank you for your guidance

[DragonFly1967]

You still have other avenues of appeal open to you, it's just that Aldi should be your first port of call.

 

Do let us know how you get on

[ElleVW]

Oh great!

 

Too ill to drive currently so I need to wait for a lift.

 

It'll probably be over the weekend so I'll report back.

 

Thank you so much for all your help ��

[ericsbrother]

get on to their HQ. the CEO email address will be searchable

[ElleVW]

Little update:

 

I phoned the general customer services number to check which day the store manager would be working and which hours (so I wouldn't have a wasted journey). The customer service rep asked if she could help as well so I told her the debacle.

 

Consequently, she told me they have a Parking Team for this kind of thing, gave me a reference number for my complaint and asked me to email the Parking Notice and the receipt with the reference to their main team and it'll be picked up by the Parking Team from the reference who will sort this out with ParkingEye.

 

She was very apologetic and told me not to worry about a thing and to definitely not pay them a penny. I'm dubious but hopeful!

 

I'll update again when I hear back from Aldi. Thanks again for all your time and help everyone, I appreciate it

[ericsbrother]

hope they sort it out for you, sometimes it works well. If not then come back here for more advice