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Re: Prenton Aldi : Car parking Charge Notice [Re: Emlou19] #938325
30th Mar 2015 7:02am
30th Mar 2015 7:02am
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Wallasey
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Wallasey
Anyway the OP seems to have gone quiet here so i will now dip out as it is turning into a tit for tat troll fest.
My advice to the OP.
Go on Pepipoo, do your research, follow the advice and get it killed off or dont pay and have it hanging over you for 6 years or pay up and never shop there again.

Google Ads
Re: Prenton Aldi : Car parking Charge Notice [Re: Emlou19] #938332
30th Mar 2015 7:34am
30th Mar 2015 7:34am
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Wallasey
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Sorry. One additional thing r.e. terms of a contract. There is the CPUTR legislation which orevents unfair or excessive penalties in a contract. UK law not hearsay.

Re: Prenton Aldi : Car parking Charge Notice [Re: Emlou19] #938379
30th Mar 2015 10:11am
30th Mar 2015 10:11am
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Wirral
Mark Offline

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Mark  Offline

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Opinions and information strengthen and keep us involved.

The other person may have gone but many people do benefit by all the information posted.


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Re: Prenton Aldi : Car parking Charge Notice [Re: Emlou19] #938386
30th Mar 2015 10:59am
30th Mar 2015 10:59am
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I've certainly learned something from this post, thanks.

Re: Prenton Aldi : Car parking Charge Notice [Re: Blueskier] #938458
30th Mar 2015 4:31pm
30th Mar 2015 4:31pm
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diggingdeeper Offline

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Originally Posted by Blueskier
Really?
Google Dunlop v New Tyre Co.
I dont mean to be condescending but your approach on this matter would lead me to believe you may well have a vested interest in such matters.
You seem to quote the same arguments as the PCC's.


There are a number of counters to using Dunlop case.

In the Dunlop case there was an agreement that the tyres would not be sold below a certain price, if they were sold below, it would be in breach of the contract, the contract additionally added the "penalty" clause should that matter be breached as the seller had no control once the tyres had been passed on). In the car parks case, there is no agreement to stay only for a specified time, the amount you pay depends on how long you choose to stay so their is no breach of contract.

With the car park being "free", what is the normal price? is it free or is it the charge? Depends which way you see it discounted. Obviously there is no such thing as free, therefore the free element has to be seen as the discounted part and the charged part being the normal price.

The car park "penalty" charges have already been through the courts and meet the industry guidelines, therefore they are not classed as penal.

In more recent times than the Dunlop case (which is over 100 years old), the courts default to upholding the contractual terms and in only the most exceptional cases to they identify it as a penalty clause. eg Alfred McAlpine Capital Projects Limited v Tilebox Limited (2001), Philips v The Attorney General of Hong Kong(1993).

I really can't understand why numerous people refuse to understand that they do not have the right to free off-road parking. Car parks are often valuable land, if the owner uses it as a car park he has the right to charge, the same as he is allowed to charge if it converted it into an amusement arcade.

I imagine the greater majority of people on this thread have a vested interest in this matter, so what is your point?

If anyone has found a shop car park that has been abused - a few classics near railway stations, they would realise that these charges are actually in the interest of the customers to enable them to have parking available instead of being constantly full of commuter's parking.


In a time of universal deceit - telling the truth is a revolutionary act. George Orwell

We should judge our economy by the absence of poverty, not the number of billionaires - Jeremy Corbyn
Re: Prenton Aldi : Car parking Charge Notice [Re: Emlou19] #938546
30th Mar 2015 8:43pm
30th Mar 2015 8:43pm
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Mark and Geemeister, fair comment but i dont think myself and DD are going to come to an agreement over this. DD obviously agrees with Parking Eye that a "penalty" of 100 is acceptable for an overstay in a free (for 1.5 hours) car park.
Boom DD, penalty charge? surely you mean parking charge? as a private company can not issue penalties. Says so in CPUTR.
"Meet industry guidelines"? The industry that polices itself with a body that the parking companies finance themselves. How independent?
You seem to suggest Parking Eye claim it is a contractual charge? Is this the case? So VAT is applicable then and a VAT invoice produced when a PCN is paid? Genuine question.

Re: Prenton Aldi : Car parking Charge Notice [Re: Emlou19] #938551
30th Mar 2015 9:23pm
30th Mar 2015 9:23pm
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Birkenhead
diggingdeeper Offline

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It doesn't matter what service is being sold, if you agree to pay an amount, then that is what has to be paid.

Parking eye and VAT has been news for at least 4 years, I'm sure HMRC have looked into it, though it beats me.

I think you misunderstand my stance, I am against anyone getting hit with charges like this, but I'm also against car parks being full because people are taking up slots when they shouldn't be parked there at all. I can't think of another business model that works better than the Private Eye one.

Its good that Aldi(etc) provide free parking for their customers, its bad of the public to use the Aldi car parks when they are doing business elsewhere, the law has to allow Aldi to have control over their own property in a way that prevents abuse of their car parks.

It is completely immoral to dump your vehicle on Aldi's property while you pop over to get your glasses, it is just the same as dumping your car on someone's house drive while you go shopping.



In a time of universal deceit - telling the truth is a revolutionary act. George Orwell

We should judge our economy by the absence of poverty, not the number of billionaires - Jeremy Corbyn
Re: Prenton Aldi : Car parking Charge Notice [Re: diggingdeeper] #938816
1st Apr 2015 2:05am
1st Apr 2015 2:05am
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I agree people abusing car parks is totally wrong and they do deserve to have a deterrent. Again it is private land and they surely hold the right to control who has access and for how long etc.
I would be most upset if someone abused my land.
I do however feel a realistic charge would deter without penalising genuine errors, i.e. slight overstays, parking slightly outside the marked bays. Parking eye can only make profit from people breaching the terms which i believe means they will not be reasonable and they certainly dont accept mitigation, for instance the guy who fell on Snowdon and was taken to hospital but was still hit with a PCN.
Finally to say that you can not think of another business model that works better than the PE one.The landowner does not receive any money to compensate for these breaches.
Wow, alienate your genuine customers. Good business model for PE who were bought out by Capita for 57.5 million.


Re: Prenton Aldi : Car parking Charge Notice [Re: Emlou19] #939292
2nd Apr 2015 1:28pm
2nd Apr 2015 1:28pm
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Birkenhead
diggingdeeper Offline

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Parking Eye lease the management of the car parks off the landowner (1000 a week is quoted for some), so the the landowner does profit (indirectly) from the charges.

It does highlight how many people are abusing the car parks and that there is an endemic problem.

In my experience the Snowden case is quite unusual because PE normally back down from any genuine provable mitigation, but I guess the Snowden case not being for a supermarket might make a difference, I think the supermarkets have a "no bad publicity" clause and certainly have an influence over PE.

The next technology will be tracking people after they leave the car to see if they left the property and/or used the relevant store.

I'm sure Argos have people-tracking technology in store, I did a stock check at a catalogue-point then went to a pay-point and it asked me if I wanted to order the item - somehow I was tracked from catalogue-point to the pay-point.


In a time of universal deceit - telling the truth is a revolutionary act. George Orwell

We should judge our economy by the absence of poverty, not the number of billionaires - Jeremy Corbyn
Re: Prenton Aldi : Car parking Charge Notice [Re: kamikazi] #939492
3rd Apr 2015 2:53pm
3rd Apr 2015 2:53pm
Joined: Aug 2006
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Ellesmere Port
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Ellesmere Port
Originally Posted by kamikazi
Dont Pay and you get threats and intimidation for about 12 weeks, the threats get wilder and bigger, if you can hold out they will go away, its a civil matter not enforceable by any laws.



joking aren't you

i parked in a ParkingEye controlled car park in Wigan a couple of years ago like every other member of staff did
we all got ticketed, i refused to pay the fine

4 months later i recieved a letter from Northampton Court.. 150 CCJ imposed

Re: Prenton Aldi : Car parking Charge Notice [Re: Emlou19] #989566
4th Nov 2015 4:45pm
4th Nov 2015 4:45pm
Joined: Jul 2008
Posts: 12,105
Birkenhead
diggingdeeper Offline

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And for all the doubters ....

The Supreme Court has upheld an 85 charge for overstaying a free car park.

SOURCE


In a time of universal deceit - telling the truth is a revolutionary act. George Orwell

We should judge our economy by the absence of poverty, not the number of billionaires - Jeremy Corbyn
Re: Prenton Aldi : Car parking Charge Notice [Re: diggingdeeper] #989578
4th Nov 2015 5:41pm
4th Nov 2015 5:41pm
Joined: Oct 2007
Posts: 4,868
shropshire
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shropshire
Source won't let you read the article unless you pay.


Carpe diem.
Re: Prenton Aldi : Car parking Charge Notice [Re: Emlou19] #989585
4th Nov 2015 5:47pm
4th Nov 2015 5:47pm
Joined: Nov 2003
Posts: 21,194
Wirral
Mark Offline

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Mark  Offline

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Unfortunately you have to subscribe to read that link.
Hopefully find a free link soon. Not showing up yet


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Re: Prenton Aldi : Car parking Charge Notice [Re: Emlou19] #989586
4th Nov 2015 5:47pm
4th Nov 2015 5:47pm
Joined: Jul 2008
Posts: 12,105
Birkenhead
diggingdeeper Offline

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I read it free on FT first, but I did mean to post this other link instead .... SOURCE


In a time of universal deceit - telling the truth is a revolutionary act. George Orwell

We should judge our economy by the absence of poverty, not the number of billionaires - Jeremy Corbyn
Re: Prenton Aldi : Car parking Charge Notice [Re: Emlou19] #989593
4th Nov 2015 6:03pm
4th Nov 2015 6:03pm
Joined: Nov 2003
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Mark Offline

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Mark  Offline

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I now, make a point of not assuming the last car park operates like the one before regardless of who runs the dam thing.
You need a survival guide nowadays along with a highway code.


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