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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71040
Experience:  Over 5 years in practice
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PARKING EYE - have submitted to me a demand for £70 ref Aldi

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PARKING EYE - have submitted to me a demand for £70 ref Aldi parking .I have written to them showing ALDI receipt for the appropriate date and within a couple of minutes of the appropriate times - via recorded delivery, No response apart from today's
However, a newly introduced procedure ( online signing-in in-store ) rather confused me - I did not realise that the old procedure which I have become accustomed to during many years of custom was cancelled. I assumed PARKING EYE was offering extended parking.
Also P.E. in their current literature - i.e. since the new procedure, imply that a store receipt is grounds for an appeal.
Pleas advise Mrs. GLENYS ROBERTS
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

Do i have to pay this £70 fine ? And if not would the charges involved cost more than the actual fine.

Thank you ***** ROBERTS

Customer: replied 2 years ago.

Have I grounds for an appeal and if so to which authority ?

Will the charges involved in an appeal exceed the actual fine of £70

Are you saying that you did buy a ticket or you did not?
Customer: replied 2 years ago.

No - there are no tickets, Under this very new system, driver enters car reg, on in-store computer. I failed to do this assuming the old system was still in operation and that the new system was offering 90 mins extra parking.

Notices introducing the new system did not state that the old system was cancelled.

Ok. Thanks.
Can you give me about 30 mins to type up an answer. I'm on the ipad and it is really slow.
Good news though.
This is a private land fine. They are not parking fines whatever they may look like. I realise that many of them mimic those issued by the council or the police but they do not have the same authority.
A private land firm is not an emanation of the state. It does not have the right to punish you for the manner of your parking any more than your neighbours do.
This is essentially an invoice arising from a civil dispute arising from an alleged agreement whereby you agree to park for a fee. They say that you accepted a contract by parking there and breached it by staying too long or otherwise parking at variance with the contract. That is what is in dispute.
Private land fines used to be very easy to escape by refusing the details of the driver. They only have a contract with the driver. Unfortunately the Protection of Freedoms Act came into force in October 2012 and it makes the registered keeper liable for the penalty if he does not disclose the details of the driver within 28 days.
All that means is that the claim runs against the registered keeper. It just makes it easier to find the person against whom there should be enforcement.
The chances are high that they will not sue. Even though the law has recently changed in their favour and they were quite aggressive in the beginning, they do not sue in the majority of cases.
If they do sue then they would only have a claim for the sum of the original fine plus about £35 in costs. They will send you debt collection letters in which they will threaten to sue you for their debt collection costs. Do not be intimidated by that.
Even if they do go to court, they would still have to prove that the signs are adequate and clear. Quite often they are not.
They will send you some very nasty letters though. You will get debt collection letters making threats of legal action. They will probably get Graham Whyte solicitors to write to you as well. None of these are anything to worry about. It will not impact upon your credit history and it will not add to the costs.
Unless you actually get a court summons, none of these correspondences have any legal basis. If you do get a court summons then you can always part admit the claim and offer a small amount for their loss.
Hope this helps. Please let me know if you need more information.
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