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Chat Area => General Discussion Area => Topic started by: Kieran on 14 July 2008, 12:01:43

Title: Parking fine
Post by: Kieran on 14 July 2008, 12:01:43
Ok where do i start.
Got a ticket thru the post today saying i was parked in Aldi carpark 12 mins longer than allowed and been fined £40.00 going up to £70.00 >:( if not paid in 14 days. This is not a council carpark just a private firm trying to con motorist out of yet more money :o. Legally how do i stand. I have read elsewhere that these fines are not legally binding and that they have to prove who was the actual driver of the car not the registered keeper. :-/
Title: Re: Parking fine
Post by: Dusty on 14 July 2008, 12:07:15
I'm not sure.

I was fined like you, and had to pay. I did contact the offices, but there was nothing they could do. This was a Council car park though.

Maybe it would be worth contacting their office to see how the land lies :-/

Or try Citizens Advice free of charge

 :-* :-* :-*
Title: Re: Parking fine
Post by: SteveD on 14 July 2008, 12:08:42
http://www.pepipoo.com has some useful legal info
Title: Re: Parking fine
Post by: Kieran on 14 July 2008, 12:09:58
good idea will phone Citizens advice now ;)
Title: Re: Parking fine
Post by: albitz on 14 July 2008, 12:13:08
i seriously doubt that the ticket is legally enforcable.if you were shopping at aldi at the time,contact customer services and create merry ding dong.tell them you want vouchers,lots of them. ;) ;D
Title: Re: Parking fine
Post by: ians on 14 July 2008, 12:17:00
Did they give you a ticket at the time? and was there any notice posted in the car park, regarding time limit, fine etc?

I'm no expert but I'm surprised they could get your details.
Title: Re: Parking fine
Post by: Kevin Wood on 14 July 2008, 12:34:24
Have a look here: http://forums.pepipoo.com/index.php?autocom=ibwiki&cmd=article&id=56

And.. As said, raise hell with the shop concerned, promising to never darken their doorstep again. Any proof / reciepts you have for shopping there will help you.

Have a look at the car park and make sure the tems of parking were clearly displayed.

Kevin
Title: Re: Parking fine
Post by: ians on 14 July 2008, 12:40:39
Aside from the legality,  commercially its bloody stupid to fine your customers for a 10 minute overstay.    It would be one thing if you were taking the piss by parking there all day or overnight, but 10 minutes is ridiculous - and I am sure Aldi will agree if you take it up with them, this is almost certainly the security company being anal.
Title: Re: Parking fine
Post by: Kevin Wood on 14 July 2008, 12:44:08
Quote
Aside from the legality,  commercially its bloody stupid to fine your customers for a 10 minute overstay.    It would be one thing if you were taking the piss by parking there all day or overnight, but 10 minutes is ridiculous - and I am sure Aldi will agree if you take it up with them, this is almost certainly the security company being anal.

I would imagine the company are employed by Aldi for peanuts and it is thus up to them to collect as much revenue as possible without using any discretion.

Kevin
Title: Re: Parking fine
Post by: ians on 14 July 2008, 12:54:27
I suspect so too Kevin, but if Aldi was my shop I wouldn't be wanting to alienate my customers for overstaying 10 mins in the car park.

Reading that excellent article it sounds like they stand next to no chance of winning the case anyway.
Title: Re: Parking fine
Post by: Martin_1962 on 14 July 2008, 13:50:37
Take it to court they WILL lose
Title: Re: Parking fine
Post by: ians on 14 July 2008, 15:43:13
Quote
Take it to court they WILL lose

they wont take it to court.  They are working on the basis that 50% or whatever of people will pay up and then they are quids in.. never mind the rest.
Title: Re: Parking fine
Post by: Martin_1962 on 14 July 2008, 18:27:03
Quote
Quote
Take it to court they WILL lose

they wont take it to court.  They are working on the basis that 50% or whatever of people will pay up and then they are quids in.. never mind the rest.


So ignore it then
Title: Re: Parking fine
Post by: PaulW on 14 July 2008, 18:29:23
unless its a council or police issued ticket, its not legally enforceable so just bin it.
Title: Re: Parking fine
Post by: psychnurse on 14 July 2008, 19:14:51
There was a case in the local paper like this not so long ago. Again aldi for overstaying the time limit.. they had to pay with costs in the end after a long battle and some disputes over land registry and advertising etc.  :(
Title: Re: Parking fine
Post by: Chopsdad on 14 July 2008, 19:41:55
What were you doing in Aldi for 2 hours ??  :o
Title: Re: Parking fine
Post by: FRE07962128 on 14 July 2008, 19:56:02
Quote
Ok where do i start.
Got a ticket thru the post today saying i was parked in Aldi carpark 12 mins longer than allowed and been fined £40.00 going up to £70.00 >:( if not paid in 14 days. This is not a council carpark just a private firm trying to con motorist out of yet more money :o. Legally how do i stand. I have read elsewhere that these fines are not legally binding and that they have to prove who was the actual driver of the car not the registered keeper. :-/

I am afraid Keiran that I believe you will find that as long as all the legal warning notices have been placed around the Aldi car park, which is private land, you will be held liable as the registered keeper of your vehicle.

The new parking laws only relate to Council land and car parks, NOT private property where you can still legally be clamped and charged accordingly.

There was a big public / media row about our local Lidal's fining customers, but after they put up sufficient signs, legally they are free to do so.  They also have the power to obtain your details via the DVLA.

I was a superstore manager who employed a national car parking control company, and we functioned in this way.  However, if it was one of my customers just "forgetting" about going over the time limit, I used my discretion to instruct the parking company to squash the charges.  But, with a city / town centre store as I had 'illegal' ( and that is what it is!) parking was a problem, and I know from personal contacts in the trade that Aldi and Lidal are buggers for not giving way on these charges.

Sorry, but unless you can win the heart and mind of the local Aldi manager, just pay the £40 and put it down to life.  I don't normally give up like that, but you are legally at fault and if you leave the fine it will escalate to ridiculus levels as it does with local council's.

Sorry for this bad info!
 :( :( :(
Title: Re: Parking fine
Post by: Martin_1962 on 14 July 2008, 20:00:31
Threaten to take your trade elswhere and also tell your friends ect ect
Title: Re: Parking fine
Post by: tunnie on 14 July 2008, 20:02:07
was it a pay and display car park?

If not, they need to prove what time you entered the car park.
Title: Re: Parking fine
Post by: FRE07962128 on 14 July 2008, 20:03:08
Quote
i seriously doubt that the ticket is legally enforcable.if you were shopping at aldi at the time,contact customer services and create merry ding dong.tell them you want vouchers,lots of them. ;) ;D


Please also see my other reply, but;  

it is legally enforceable providing all legal conditions; number, size, content and placing of signs, is in order.

In addition it is hard to imagine any customer spending over two hours in Aldi, and if they did theywill have to prove it by producing a till receipt (all timed and dated), and the manager identifying on their CCTV exactly when that customer actually entered the store.  ;)
Title: Re: Parking fine
Post by: FRE07962128 on 14 July 2008, 20:06:47
Quote
was it a pay and display car park?

If not, they need to prove what time you entered the car park.


I am afraid that it is irrelevant, although I suspect it may have been, but regardless as long as legally correct warning signs are in place warning of the time limit / conditions of parking on this private land then any penalty notices are legally enforceable.  :'( :'( :'(