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Horizon PCN Mentions POFA - Still worth appealing?, Sainsbury's Horizon PCN
jayr10201
post Thu, 22 Aug 2019 - 22:09
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Hi All,

I've received a Horizon PCN which states pofa and possible transfer to keeper, is this still worth appealing? Or should I just cough up to the snivelling weasels?

https://ibb.co/Jx327Db

Thanks in advance.

Kind Regards
JayR

This post has been edited by jayr10201: Fri, 23 Aug 2019 - 07:16
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post Thu, 22 Aug 2019 - 22:09
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Redivi
post Thu, 22 Aug 2019 - 23:29
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You've left your name and the PCN reference number

Don't forget the payment slip

Parking companies follow this forum and will use any information they find

As far as I'm aware, Sainsburys contracts with its parking companies don't include the right to take legal action against its customers

This post has been edited by Redivi: Thu, 22 Aug 2019 - 23:31
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The Rookie
post Fri, 23 Aug 2019 - 06:23
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I've seen plenty of Horizon PCN's that mentioned PoFA, but weren't at all PoFA compliant. "Mentioning it" is meaningless, is it compliant, have you checked?

This post has been edited by The Rookie: Fri, 23 Aug 2019 - 06:23


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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jayr10201
post Fri, 23 Aug 2019 - 07:18
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Thanks for pointing out the identifiers, edited the the pic and reupped.

Not sure how to check if it's POFA compliant?

Cheers
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The Rookie
post Fri, 23 Aug 2019 - 07:40
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Read this
http://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted

Paragraph 8 if there was a windscreen ticket, 9 if you did not.

EVERY requirement must be met, I'm willing to bet there is no duration of parking (as it's next to impossible to achieve).


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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ostell
post Fri, 23 Aug 2019 - 08:30
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This for starters:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. The warning of keeper liability, 9 (2) (f), is also incorrectly stated. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


Send first class with a free certificate of posting from a post office.

They will, of course, reject but the POFA fails should get a result at POPLA, especially when you add in the other fails that have already been mentioned.
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