Private Car parks - Parkingeye

[io1901]

But it has. created a precedent that is. If Parkingeye take you to court (and they will), not only will you have to pay the penalty you will also incur Parkingeye's legal fees, and  unless you satisfy the judgement you will end up with a blemished  Credit Score.

 

I know. I went through all the motions of writing to ParkingEye (correspondence is available) & appealing their unreasonable charges & refuting that I had entered into a contract with them, but to no avail. I then appealed to POPLA & lost. Parking eye then issued proceedings against me in the County Court & it was at that point that I appealed to ALDI, who cancelled the penalty charge & instructed ParkingEye to withdraw the summons.

All correspondence is available for anybody interested.

I repeat ParkingEye are ruthless & remorseless in pursuing you to the bitter end. Disregard all info on the legal forums - most of it is out of date & the ParkingEye v Beavis High Court Appeal definitetly set a legal precedent. See here:_

http://www.bailii.org/ew/cases/EWCA/Civ/2015/402.html

 

 

Beavis is being appealed at the High Court - so they shouldn't use it as a precedent - not yet anyway.  

[vRSgone]

Beavis is being appealed at the High Court - so they shouldn't use it as a precedent - not yet anyway.  

 

Correction - Supreme court. Beavis already lost his appeal at the High Court. As I understand it ParkingEye are holding back on further litigation pending the outcome of this further appeal, which is being held in parallel with a further high ranking case which has absolutely nothing to do with parking, but apparently has the same legal arguments as a basis for the appeal. An early judgement is not expected ..... Read into that what you will, but I don't expect a victory for the common man.

[Brimma]

I'll charge you £10 for every minute of my time taken reading your posts and send you an invoice shall I?

More to the point, I'll charge you £10 per word for the benefit you gain from reading my posts, I'll sue for the BS written above?

[Brimma]

But a £40/70 charge in a free car park is not proportionate to Aldi's 'loss' - unless the car park was full while the OP was parked there and he therefore prevented another customer parking there.

By the same logic, let's all not insure our cars if we never have an accident

[gadgetman]

As above currently Parking Eye have a judgement in their favour and this is now case law until it's overturned.

Ignoring these letters used to be an option as they rarely took matters to court. Now all go to court. The advice of ignoring these letters is now redundant.

Even contractors get tickets when authorised to be in these carparks, and they are a pain to get revoked even by the store when the contractor process has been followed to the letter!

I wouldn't put much hope in the Beavis case being sucsuccessful

[gadgetman]

Just re-read the OP's posts, and as the 'terms of use' was breached by parking to go to the barbers, not sure how foul can be called.

The terms will state for customers use, only whilst using the store. As soon as you walk off the site, the contract is breached and the charge due.

[Brimma]

Just re-read the OP's posts, and as the 'terms of use' was breached by parking to go to the barbers, not sure how foul can be called.

The terms will state for customers use, only whilst using the store. As soon as you walk off the site, the contract is breached and the charge due.

It's the modern-day "how can I get off this" mentality I'm afraid

Very few people are prepared to live up to their responsibilities

[petrolbloke]

By the same logic, let's all not insure our cars if we never have an accident

Please explain your logic for that

[petrolbloke]

More to the point, I'll charge you £10 per word for the benefit you gain from reading my posts, I'll sue for the BS written above?

I think you've misunderstood my point.

[1986brandon1]

So to update, I did email customer services last night, and they said they can sort it out if i can provide proof of purchase for the day, which i dont have as I paid cash which is something I rarely do in supermarkets.

I did however manage to mention it in conversation today to one of the area managers we deal with through work and he said to send him a copy of the letter and he will 'sort it'

To those saying I did the crime so pay the fine etc... I think £40 is very unreasonable for going 21minutes over time in a free car park for a store I did shop in. Another thing I think is unreasonable is that our local Aldi has a 2hr time limit, so why is this 1.5hrs?

As to the 'modern day how do I get out of this mentality' comment - do you seriously live every second by the law and accept all punishment if you are caught breaching it? Not like I was caught speeding or using the phone when driving, i merely stayed 21minutes extra in a free and very quiet car park.

[1986brandon1]

Double post

Edited 17 July, 2015 by 1986brandon1

[Brimma]

I think you've misunderstood my point.

No, don't flatter yourself

[Brimma]

Please explain your logic for that

IF the car park wasn't full there would be no loss

IF I don't have an accident, what is the point of insurance?

[gadgetman]

So to update, I did email customer services last night, and they said they can sort it out if i can provide proof of purchase for the day, which i dont have as I paid cash which is something I rarely do in supermarkets.

I did however manage to mention it in conversation today to one of the area managers we deal with through work and he said to send him a copy of the letter and he will 'sort it'

To those saying I did the crime so pay the fine etc... I think £40 is very unreasonable for going 21minutes over time in a free car park for a store I did shop in. Another thing I think is unreasonable is that our local Aldi has a 2hr time limit, so why is this 1.5hrs?

As to the 'modern day how do I get out of this mentality' comment - do you seriously live every second by the law and accept all punishment if you are caught breaching it? Not like I was caught speeding or using the phone when driving, i merely stayed 21minutes extra in a free and very quiet car park.

All these shop/restaurant carparks operate on demand.  The lower the demand the longer the time you can stay.

 

As for the charge for free parking, the store will cite lost revenue by customers not being able to park and going elsewhere.  Most of the 'cost' they're seeking, will be admin in pursuing you.  The actual parking charge element will be very small.

 

 

As I say, even as an approved contractor my employer still gets tickets even when all the procedures have been followed, and they are apparently a PITA to get quashed.  A ticket my vehicle got went to bailiff letters and took the head honcho of the company I was working at threatening to pull the parking company's business from every UK site with immediate effect if any further letters were sent for them to stop!

[Brimma]

As to the 'modern day how do I get out of this mentality' comment - do you seriously live every second by the law and accept all punishment if you are caught breaching it? Not like I was caught speeding or using the phone when driving, i merely stayed 21minutes extra in a free and very quiet car park.

Not at all, I got hit by a speed awareness course for doing 68 in a 60 (the bare minimum for any action on the local force parameters), on a deathly quiet road at 8.30pm

No attempt made to evade, seek advice how to get out of it. I was in the wrong, my fault, only myself to blame

If anyone takes 2 hours to do an Aldi shop I'm at a loss to understand how, so if you are only shopping in their store, 1.5 hours should be plenty......why should they provide free parking for those who choose to bugger off elsewhere?

[gadgetman]

The supermarkets asking for a receipt will be to pull store CCTV, and confirm your entry to the store v your carpark times.  These days head offices can access this remotely. 

[1986brandon1]

Have you never parked in pub/shop/restaurant car park and nipped elsewhere? I have no argument for being in the car park for more than 90mins, I have already admitted I went to the barber. I just feel the fine is excessive

Sent from my GT-I9505 using Tapatalk

[1986brandon1]

I really don't think they would bother looking at CCTV to see if I went there or not, I doubt ALDI really care that much. I thinks its more to prove i went there that day.

I would be very interested to knownthe set up AlDI have with Parkingeye and how much AlDI make from them

Sent from my GT-I9505 using Tapatalk

[gadgetman]

Have you never parked in pub/shop/restaurant car park and nipped elsewhere? I have no argument for being in the car park for more than 90mins, I have already admitted I went to the barber. I just feel the fine is excessive

Sent from my GT-I9505 using Tapatalk

Yup, and in the old days I got clamped for it.

 

CCTV and ANPR are now their tools thanks to the clamping ban

 

I really don't think they would bother looking at CCTV to see if I went there or not, I doubt ALDI really care that much. I thinks its more to prove i went there that day.

I would be very interested to knownthe set up AlDI have with Parkingeye and how much AlDI make from them

Sent from my GT-I9505 using Tapatalk

 

I know the supermarkets I work in through work DO check CCTV and times.  They only have to check the ones covering the entrance & tills. If the times vary wildly from your receipt you get sent packing.

 

Even contractors get checked for their times, especially if works were completed within the stay period, but you over stayed fannying about in your vehicle.  Employers then happily pay up, and deduct the money from your wages  :'(

[VWD]

It might be nice if Aldi applied the same rules in all their stores. In my local store ,there are four disabled spaces ,and a lot more P+C spaces. The disabled spaces have only one side extended, whereas the P+C have both sides .Then there's compliance. i regularly see Disabled spaces being abused, and have complained to head office on this- Aldi are BASICLY NOT INTERESTED.

[Rustynuts]

So to update, I did email customer services last night, and they said they can sort it out if i can provide proof of purchase for the day, which i dont have as I paid cash which is something I rarely do in supermarkets.

I did however manage to mention it in conversation today to one of the area managers we deal with through work and he said to send him a copy of the letter and he will 'sort it'

To those saying I did the crime so pay the fine etc... I think £40 is very unreasonable for going 21minutes over time in a free car park for a store I did shop in. Another thing I think is unreasonable is that our local Aldi has a 2hr time limit, so why is this 1.5hrs?

As to the 'modern day how do I get out of this mentality' comment - do you seriously live every second by the law and accept all punishment if you are caught breaching it? Not like I was caught speeding or using the phone when driving, i merely stayed 21minutes extra in a free and very quiet car park.

Just because you did it, it doesn't mean you're guilty.

[petrolbloke]

IF the car park wasn't full there would be no loss

IF I don't have an accident, what is the point of insurance?

The consequences for driving without insurance are quite different from the consequences for overstaying in a private car park.

[vxh26]

<SNIP> Another thing I think is unreasonable is that our local Aldi has a 2hr time limit, so why is this 1.5hrs?<SNIP>

Their car park,their rules? To be honest, I can't quite see why anyone would need to spend more than an hour shopping at Aldi?

 

As it happens, I ski with a Sainsburys manager; when I asked why they allow parking of up to two hours she said that it was more a case of discouraging commuters parking in their car parks and going into town on the train. In her case, they chose three hours because they have a coffee shop and chemist on the premises.

 

Just because you did it, it doesn't mean you're guilty.

Plead insanity perhaps?

[Leecantwell]

Send them the recipe from your shop. They will withdraw the notice it happens to me In my local aldi I said I was looking at the bargains for hours lol I got it withdrawn.

Sent from my iPhone using Tapatalk

[Ootohere]

Barry Beavis is off to the Supreme Court today.

I imagine he will be ensuring he parks with care if going by car, paying if necessary and not overstaying.

http://supremecourt.uk/news/beavis-v-parkingeye-ltd.html

 

...............................

In this BBC item yesterday the Legal Advice might have been wrong or the BBC reporting,

it refers to 'Private Car Parking Fines',  but these are not 'Fines' these are charges / fees or penalties being requested by the Private Companies, not a Court or Local Authority in Scotland, different Law & Legislation all together.

(Using the term Fines mislead many people,

and this seems to also include journalists & the British Broadcasting Corporation that repeat it often.)

*Private Parking Fees*, as correctly said at the bottom of the article.

http://bbc.co.uk/news/uk-scotland-33585092