Parking eye Aldi

Parking eye Aldi
Posted by Lmr1342 on 09 Nov, 2023 23:01
Good evening all!
The RK of a vehicle has received a parking charge via parking eye that monitor an aldi car park . The charge is for overstaying the alloted time.
1hr 30 time limit stopped for just over 4hrs

The driver of the car at that time had broken down In the car park,the driver of the car had called recovery and informed the manager at the store who was understanding and took down the registration plate to prevent the driver receiving a ticket.

This clearly was not done as now the RK has received the parking charge.

The manager stated to the driver if a ticket was to be issued to come back to them so they could cancel it.

The first port of call is to attend the store in the morning to hopefully sort the issue out however given the RK is now in this situation they are not holding there breath.

Should things progress further is parking eye understanding in regards to this sort of appeal ?

The brakedown company have provided a nice dispatch note which covers ETA , time on scene, and completed time , which will show 5 minties after they completed the job the driver left the car park

Just looking for anymore pointers should Aldi drop the ball again

Thanks again for the help !

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#1 Reply
Posted by DWMB2 on 10 Nov, 2023 00:14
Anecdotally, Aldi can be quite good at helping out with these charges and getting them cancelled, so speaking to them is definitely wise, but getting your ducks in a row with ParkingEye in case Aldi don't help is equally wise.

Just to rule one thing out - does the back of the notice reference the 'Protection of Freedoms Act'?

Quote from: Lmr1342 on 09 Nov, 2023 23:01
The driver of the car at that time had broken down In the car park,the driver of the car had called recovery and informed the manager at the store who was understanding and took down the registration plate to prevent the driver receiving a ticket.
Can you explain the circumstances of this a bit more? Was it a case of the driver entering, doing some shopping, and when they returned the car would not start?

Quote from: Lmr1342 on 09 Nov, 2023 23:01
Should things progress further is parking eye understanding in regards to this sort of appeal ?
Unfortunately they don't make money by being understanding - but depending on the circumstances you may have a decent argument for 'frustration of contract'

#2 Reply
Posted by Lmr1342 on 10 Nov, 2023 09:16
Quote from: DWMB2 on 10 Nov, 2023 00:14
Anecdotally, Aldi can be quite good at helping out with these charges and getting them cancelled, so speaking to them is definitely wise, but getting your ducks in a row with ParkingEye in case Aldi don't help is equally wise.

Just to rule one thing out - does the back of the notice reference the 'Protection of Freedoms Act'?

Quote from: Lmr1342 on 09 Nov, 2023 23:01
The driver of the car at that time had broken down In the car park,the driver of the car had called recovery and informed the manager at the store who was understanding and took down the registration plate to prevent the driver receiving a ticket.
Can you explain the circumstances of this a bit more? Was it a case of the driver entering, doing some shopping, and when they returned the car would not start?

Quote from: Lmr1342 on 09 Nov, 2023 23:01
Should things progress further is parking eye understanding in regards to this sort of appeal ?
Unfortunately they don't make money by being understanding - but depending on the circumstances you may have a decent argument for 'frustration of contract'

Thank you for your detailed reply !

Attached is the rear and yes they mention the freedom bit!

Yes the driver attended aldi to help an elderly relative with there shopping, after they discovered the car would not start ( flat battery) they arranged alternative transport for Said relative then called recovery all within the original 1hr 30 time limit allowed

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#3 Reply
Posted by DWMB2 on 10 Nov, 2023 10:07
I was checking the 'Protection of Freedoms Act' part to see if there was a technicality you could exploit as a get out of jail free card in case Aldi were of no use - alas there isn't. As such, there's no need to hide the identity of the driver any more, as they can hold the keeper liable anyway.

In any case, from what you've described then, it certainly sounds like there'd be a decent argument for 'frustration of contract'. If you're not familiar with the concept it may be worth doing some research into it, including on the PePiPoo and MSE parking forums. The concept is essentially that an unforeseen event, out of your control (i.e. breaking down), which happened after the contract was formed*, makes it impossible for you to comply with the contract (i.e. to not remain in the car park for more than 90 minutes).

Depending on how stubborn ParkingEye are, this may need arguing in court, but on the face of it you'd seem to have a good case. Definitely get on to Aldi and ask them to intervene, but keen an eye on the deadlines - if Aldi haven't resolved it, be sure to submit an appeal before ParkingEye's appeal deadline. You can share a draft here for comment before doing so.

*This is why I was asking about the circumstances - we've seen cases where people have noticed a fault in their car, then pulled off the public road into a private car park and waited there for recovery. In those cases, it's harder to argue the event was outside of their control, and that it happened after the contract was formed, as they were aware of the issue when they parked. In this case, it seems the driver was not.

#4 Reply
Posted by Lmr1342 on 10 Nov, 2023 13:02
Thank you DWMB2

I do appreciate your advice, been to Aldi this morning spoke to them , appeared supportive, they took a copy of the charge notice and stated they will get it cancelled...however they stated I may get another one ?? But to ignore it.....which dose not fill me with overall confidence

Am I ment to get a letter from parking eye to say they have cancelled it ?

Or I am best to leave it a week or so then still appeal it just in case ( within the appeal window )

#5 Reply
Posted by DWMB2 on 10 Nov, 2023 14:29
Quote from: Lmr1342 on 10 Nov, 2023 13:02
they stated I may get another one ?? But to ignore it.....which dose not fill me with overall confidence
It's your call, but I'm always wary of well-meaning managers verbally promising to help out if you 'leave it with them', in case they forget amidst a series of busy shifts, and then by the time you go back in to chase up, they say it's now too late for them to intervene. Ideally you want something in writing.

Draft an appeal up so that you've got something ready. Then, a day or so before the appeal deadline, go onto the ParkingEye website as if you're going to pay (but obviously don't pay) - often if the charge has been cancelled this will be indicated on the website where you go to pay. If it hasn't been, then you can appeal.

#6 Reply
Posted by H C Andersen on 11 Nov, 2023 12:20
Just in case the store cannot manage to achieve a cancellation..

You mentioned a note from the AA, but we've not seen it. We have no idea regarding timings including the time of the driver's call for assistance.
What time is given on the store receipt?
Does a driver have to enter their VRM on a terminal in the store as is the case with many such stores?

#7 Reply
Posted by Lmr1342 on 21 Nov, 2023 14:52
Hello all !

Just to give you an update.

I received a 2nd charge notice yesterday for the same offence, just with a different reference number

When I look on the parking eye website with the old reference number it comes with an error stating it dose not exist

However when I look up the new reference number it reconsisied it and looks like the offer of a discount has been reset !

Not sure what this means ? I know aldi did state I may get another one but to ignore?

In regards to the other comment about not seeing the invoice from the brakedown company, as there is to much info

I'll summarise the key times

Entered aldi 16:40
Finished in aldi notices car will not start 17:25
Called RAC 17:30
Recovery attends 20:32
Recovery completes the repair 20:52
Driver leaves the car park 20:53

#8 Reply
Posted by DWMB2 on 21 Nov, 2023 15:03
Quote from: Lmr1342 on 21 Nov, 2023 14:52
I received a 2nd charge notice yesterday for the same offence, just with a different reference number
Let's see it.

#9 Reply
Posted by Lmr1342 on 21 Nov, 2023 17:40
Not a problem

As attached

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#10 Reply
Posted by DWMB2 on 24 Nov, 2023 10:58
That's a reminder rather than a brand new notice. I'd get back onto Aldi and make clear that ParkingEye are still hassling you.

#11 Reply
Posted by Lmr1342 on 24 Nov, 2023 11:57
Thanks for coming back to me , I thought it was a reminder but the the charge reference number is different to my original

When I go onto the parking eye website my original details from the old letter comes up with "error not found "

The details will only show up via the new reference on the new letter

#12 Reply
Posted by Lmr1342 on 10 Dec, 2023 12:37
Just an update, aldi didn't cancel the charge in the end....what a surprise, logged an appeal with parking eye , received an email yesterday informing me the charge has been cancelled!

Thanks again all