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Legal matters

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Lidl parking charge

25 replies

Lovestonap · 05/04/2019 12:32

Last week I shopped at a Lidl, not my local one.

Today I have received a fine for a parking charge from a private company for £90

It states I owe this money because I didn't get my receipt validated in store at no point did a checkout assistant ask me if I was driving, and in my local Lidl this isn't policy.

I have complained to Lidl, and showed them proof I spent nearly £80 on this occasion instore with them, but they have emailed me back basically saying appeal to the parking company.

Do I have any rights in this respect? I really don't want to pay £90 and if I appeal and they turn me down I will have to pay full amount, whereas I will have to pay on £45 if I pay now.

It seems so unfair :(

OP posts:
prh47bridge · 05/04/2019 13:30

If there was adequate signage in the car park I'm afraid you may well have to pay since Lidl apparently aren't going to help.

akkakk · 05/04/2019 13:51

if there is no charge, but you need to have spent money (which you have done) then there is no loss - therefore they are in a tricky place...

get onto the website pepipoo for assistance (or MSE has a similar forum)

MyKingdomForBrie · 05/04/2019 13:52

Tweet them, post on their Facebook page, email the CEO - basically kick up a huge fuss! Disgraceful of them not to provide better signage.

idontlike789 · 05/04/2019 13:55

If you appeal and are unsuccessful you will still pay the reduced rate . It's a misconception that if you appeal it the cost will go up that's only if you don't pay it in the allowed time but when you have appealed it will freeze. People tend to panic and pay but always worth appealing.

1Wanda1 · 05/04/2019 14:16

Our local Lidl runs the same car park arrangement and the rules are very prominently displayed all around the car park as well as in store.

You could go back and check to see whether there is clear signage, and appeal if it is unclear, but otherwise you will be liable to pay the fine.

prh47bridge · 05/04/2019 14:58

if there is no charge, but you need to have spent money (which you have done) then there is no loss - therefore they are in a tricky place

No they are not. See Parking Eye v Beavis. Parking Eye charged Beavis £85 for overstaying in a free car park. When he did not pay they took him to court. He appealed to the Supreme Court, arguing that the charge was unfair and disproportionate. The Supreme Court decided that, despite the fact they had not suffered any loss, Parking Eye were entitled to collect the £85 charged.

akkakk · 05/04/2019 15:41

No they are not. See Parking Eye v Beavis. Parking Eye charged Beavis £85 for overstaying in a free car park. When he did not pay they took him to court. He appealed to the Supreme Court, arguing that the charge was unfair and disproportionate. The Supreme Court decided that, despite the fact they had not suffered any loss, Parking Eye were entitled to collect the £85 charged.

There is a difference - overstaying in a free car park leads into being there when not permitted / being there in a period which should be paid...

the OP was legally parked and complied with the conditions of the parking by shopping there - an administrative error by Lidl doesn't constitute a breach of conditions by the OP - had the OP parked and wandered off to a different shop, then fine - but not the case here...

Chocolateisfab · 05/04/2019 15:46

If you paid on your card,or have the receipt still, take a bank statement to the store and ask for a retrospective 'stamp'. Send a copy to the company.

prh47bridge · 05/04/2019 15:49

an administrative error by Lidl doesn't constitute a breach of conditions by the OP

I presume the signage says that the driver needs to get their receipt validated by Lidl. If the OP did not do that it is her error, not Lidl's, so the OP has breached the conditions.

Littleduckeggblue · 05/04/2019 15:50

You do not legally have to pay anything. The only time this can be enforced is if it is a council owned carpark. Go onto YouTube and search "Parking fine watchdog" and it will show you a video with the head of police explaining this

Littleduckeggblue · 05/04/2019 15:53

m.youtube.com/watch?v=TUYzBcFLWMA

This one is a solicitor telling you not to pay a parking charge

Comefromaway · 05/04/2019 15:53

Please ignore Littleduckeggblue whose advice is out of date since beavis v parking eye.

It all hinges on whether the signage was clear and legal. The staff at Lidl are under no obligation to ask about parking as long as the signange in the car park complies with POFA. However often the signage does not comply so check, and if so use the appeal template from the Money Saving Expert website

prh47bridge · 05/04/2019 15:53

Having checked which system Lidl are actually using, validating the receipt is nothing to do with the checkout operator. There would have been a parking terminal in the store between the checkout and exit. So there has been no administrative error by Lidl.

Comefromaway · 05/04/2019 16:01

The video dates from 2010. The legal precedent was changed in November 2015.

Comefromaway · 05/04/2019 16:02

www.supremecourt.uk/cases/uksc-2015-0116.html

prh47bridge · 05/04/2019 16:03

This one is a solicitor telling you not to pay a parking charge

That is a clip from an old episode of Watchdog. Ann Robinson left the programme in 2015, before the Supreme Court's decision in Parking Eye vs Beavis. I believe this episode was broadcast in 2013. The law has changed since then. The advice in that clip is out of date.

prh47bridge · 05/04/2019 16:03

I see Comefromaway has found the correct date for the video.

Charley50 · 05/04/2019 16:05

We didn't validate our receipt at Lidl and got a parking ticket. I emailed the parking company a photo of our receipt, and an explanation (didn't know we had to do it). They cancelled the parking ticket straight away.

breadzeb · 05/04/2019 16:08

Lidl car park signage is pretty clear, if you take the time to read it. It's nothing to do with the checkout assistant. Personal responsibility when parking your car is what's needed. Don't blame the staff for not telling you something that is signposted.

Inthehatbox · 05/04/2019 16:16

Which Lidl was it? There may be a mumsnetter who knows it and can tell you about the signage.

talkingjapeneseireallythinkso · 05/04/2019 16:16

thankful i don't drive at present.

Jon65 · 06/04/2019 00:28

Hmm interesting this system is not in operation on the continent. Perhaps people would vote with their feet?

giggly · 06/04/2019 00:49

In Scotland only legal if ticket issued by local count or Police Scotland. There was some talk recently about changing it but I’d suspect a mass revolt if that was to go ahead.
Our local town centre has a 2 hour limit in the car park. I’m frequently still shopping after 2 hours but yet to gets notice which will go straight into the bin. The amusing thing is when these private companies write to you they quote English lawSmile and threaten you with the county court. We don’t have county courts Grin

DGRossetti · 06/04/2019 12:55

Hmm interesting this system is not in operation on the continent. Perhaps people would vote with their feet?

Different legal systems ?

Luaa · 06/04/2019 12:59

At my lidl it's the same as a pp said, there are terminals past the checkouts where you scan your receipt and then put in your car reg. Nothing to do with the checkout operator and it is sign posted in the car park.

When they first brought them in the checkout people would remind you to do it.

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