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asda car park ...returning to car park in no returns period, horizon parking
MrWembley
post Wed, 7 Jun 2023 - 17:06
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Letter recieved on Monday 5th June

Issue reason returning to car park in no returns period

entry 21:02:55 18/05/2023


exit: 21:56 :18 18/05/2023

have until tommorow to appeal or pay

horizon parking asda car park car charge

seems like there are two sets of ANPR cameras...the driver may have moved from one area of the car park to another


do I have enough time to appeal or should I just pay

This post has been edited by MrWembley: Wed, 7 Jun 2023 - 17:07
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post Wed, 7 Jun 2023 - 17:06
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hcandersen
post Wed, 7 Jun 2023 - 17:48
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If you were not the driver then the whatever it's called notice(why have you cut off the top?) is purely info to you, the keeper.

The creditor is NOT relying on PoFA to hold the keeper liable, read the letter/notice and see what it says:

Car in contravention;
Charge owed by the driver;
They've written to you as keeper to ASK you to pay or provide the driver's details because they don't know them;
If payment is not made then they STATE that the driver would be liable 'have the right to recover the outstanding charge from the driver', which isn't saying anything new, they state this at the beginning.

So, why would you want to pay, is the driver a friend of yours? (the question is purely rhetorical)

In short, it's designed to mislead/cajole/intimidate/frighten you while not actually using words to this effect IF you read it.

This post has been edited by hcandersen: Wed, 7 Jun 2023 - 18:38
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Nosy Parker
post Wed, 7 Jun 2023 - 17:56
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Your dates are wrong. You’ve got till 21 June to appeal to Horizon and you have no need to pay at all because there’s a nailed on win at POPLA even if Horizon turns down your initial appeal.

“Dear Sirs

I appeal as keeper. I am not obliged to identify the driver and I decline to do so.

You are unable to transfer liability to me as keeper because your notice does not conform to the requirements of Schedule 4 to the Protection of Freedoms Act 2012 (“POFA”) and it is now too late to deliver a POFA compliant notice.

I require you to cancel the charge or send me a POPLA code so that POPLA can cancel it for you.

Yours faithfully”

Be sure not to identify who was driving

This post has been edited by Nosy Parker: Wed, 7 Jun 2023 - 18:02
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Nosy Parker
post Wed, 7 Jun 2023 - 18:08
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Ps at this stage it doesn’t matter who was driving. You mustn’t lie but so long as you don’t say who was driving your appeal should succeed
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MrWembley
post Wed, 7 Jun 2023 - 18:51
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thanks for your prompt help nosyparker

I'll report back when I get a reply
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