Parking fine.

[pre65]

On 5th January I visited an Aldi to do some shopping for my Mum. I was in the car park for 26 minutes.

I've now got a parking fine notice from "parking eye" for £70 , or £40 if paid within 14 days.

I have sent notice of appeal.

Is it up to me to prove I was actually shopping ?

I may have paid cash and I can't find the receipt.

[andrew Ivimey]

I would expect the receipt is the beginning, middle and end of the matter. But you're right to protest.

My Aldi is only next door to Sainsbury but it is s warning. I hate it. Why the fuck should I keep a receipt!!!?

[Neal]

Our Sainsbury’s runs ANPR cameras, clocking you in and out, 2hrs max stay but……you still have to buy a paper parking ticket at the intermittently working machines and display it. You can then redeem your parking fee at the checkout…..

[andrew Ivimey]

Ha ha, I'm loving parking on double yellows as I have my father in law and his disabled badge actually I'm feeling guilty!

[Daniel Quinn]

They have a photograph of your car using the car park.

You admit you were the driver .

The only way you can prove you weren’t using the car park for a purpose that isn’t subject to a charge is a receipt

You have stated you haven’t got a receipt .

Unless you can prove your were in Aldi at the exact date and time you are liable .

There are numerous legal requirements re notice being reasonable and visible , but for £40 it ain’t worth somebody looking in to it .

[pre65]

I'll be in that same car park on Wednesday, and I will take photos of whatever signs are displayed.

That Aldi was totally refurbished a little while ago so they may have made changes to their parking policy.

One thing for certain, I won't pay without a fight (if necessary).

[Daniel Quinn]

You lost the receipt .

If I was your lawyer and not a house husband , my advise would be your pride is turning this into a fight you are unlikely to win , pay the £40 and sulk for a day , then forgot it.

[Greg]

In my area, the Aldi parking is limited to 2 hours, monitored by ANPR CCTV. There is no requirement to shop in the store. If there was such a requirement, the onus would be on the enforcement company to prove you did not shop. Check the detail on the car park notices. Based on what you have said, it seems to me it is likeliest that the enforcement company is in error.

[pre65]

In my area, the Aldi parking is limited to 2 hours, monitored by ANPR CCTV. There is no requirement to shop in the store. If there was such a requirement, the onus would be on the enforcement company to prove you did not shop. Check the detail on the car park notices. Based on what you have said, it seems to me it is likeliest that the enforcement company is in error.

I checked on Aldi's customer service website, and they say (as did DQ) that in cases of erroneous parking fines a valid receipt is your get out of jail free card.

[Greg]

Well, it might say that, but it doesn’t make it true. For you to be found liable here, enforcement will have to prove you didn’t shop or you exceeded the allowed parking time. The onus is still on them, and this civil burden of proof rests with them. You would say on oath that you were compliant. Enforcement would have to establish on the balance of probability that you either didn’t shop or exceeded you permitted parking time and therefore that you are lying. Taking into account your age, your good conduct as a responsible citizen and the care for your Mum purpose of your visit, I would expect your account to be accepted. I’ve worked alongside a couple of these carpark enforcement companies and believe me, they are frequently a bullying bunch of unregulated cowboys who are known to make numerous mistakes. If you want to be sure, consult the store manager. They will still have CCTV of you entering and leaving the store and in any case, may have the authority to have the action against you dropped. I would fight it. It’s about the principle of truth and fact. Do not allow them to bully you into paying, regardless of the questionable advice of an ex lawyer.

EDIT. If you get no joy with the local manager, complain to Aldi HQ. They want to keep you as a customer.

[Daniel Quinn]

Greg ? I’m afraid you’ve got the law arse about tit .

Why don’t you go to a car park , shop , discard your receipt and then try and not pay the fine .

If you are not to pay the fine , then you have to prove it . The car park enforcers can prove all they need to in law .

Never shopping there again is of course an option , but is probably not worth it , given that it’s pre fault .

[Daniel Quinn]

Pre , if you paid by card , the date , time and place is recorded by your bank .

If you have an app for your bank on your phone , a screen shot should be sufficient proof .

Not accepting it , will require a reasonable reason , I can’t think of one of the top of my head

[Greg]

Let the reader decide. Also worth researching the recorded irregularities of Parking Eye’s unsatisfactory history of enforcement. How can they bring a charge without submitting evidence?

[Daniel Quinn]

I don’t envy anybody who takes your legal advise .

Pre , I see you mention paying cash . In that case , we have an empirical experiment . You can take mine or Greg’s advise .

If it were me I’d get Greg to indemnify me before you take his advise .

[steve s]

Let the reader decide. Also worth researching the recorded irregularities of Parking Eye’s unsatisfactory history of enforcement. How can they bring a charge without submitting evidence?

Exactly Greg, they should have evidence of you entering and leaving, showing times.. otherwise its just their word
In saying that i once got a fine at a motorway services.. 6 hours parking. Pic of me entering and leaving over that time.

They omitted the pics of me leaving after 20mins of 1st arrival and my return later that day.. it got sorted eventually