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Horizon Parking Parking Charge Notice Tesco car Park, Over stay
jedi134
post Thu, 7 Jul 2022 - 16:11
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Hi got a Parking Charge Notice in a Tesco Car park for over staying.
I was not the driver.
I am the registered keeper.
I think the time limit is 3 hrs maybe 2 hrs Im not sure as i was not the driver, but still an over stay, by 44 mins or so.
Can I appeal this? and win biggrin.gif
What does the heading letter imply, "If you are registered as disabled.............."
thanks in advance.


edit: can I use this.
Is it worth the driver speaking to the customer services manager at tesco? to cancel this PCN?


This post has been edited by jedi134: Thu, 7 Jul 2022 - 16:36
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post Thu, 7 Jul 2022 - 16:11
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Redx
post Thu, 7 Jul 2022 - 17:03
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Disabled people should be allowed more time , reasonable adjustment under the Equality Act 2010

Horizon have failed to comply with Pofa, so as keeper you have no liability, so appeal as keeper using a typical template by Ostell citing non compliance with Pofa

No blabbing about who was driving

Yes it could be worth complaining to Tesco, who may fob you off to Horizon anyway

So just appeal as keeper due to their failure under the law , Pofa
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jedi134
post Fri, 8 Jul 2022 - 05:56
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Thanks so this one will do?






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 notice of keeper liability as prescribed by section 9 (2) (f) of the Act. 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






Also could you please explain to me where horizon have failed to adhere to POFA rules?

Thanks

This post has been edited by jedi134: Fri, 8 Jul 2022 - 06:37
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Redx
post Fri, 8 Jul 2022 - 08:22
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Correct

Pofa explanations can be found in important topics at the top of the forum , plus in the newbies FAQ sticky thread near the top of mse parking forum in announcements

Timescales and wordings are typical candidates, but in almost 10 years companies like Horizon have never complied with Pofa, not then , not now

Compare the Horizon NTK PCN to one by say Parking Eye for example

You have no keeper warnings, no Pofa warnings , it's all about the driver, not the keeper
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hcandersen
post Fri, 8 Jul 2022 - 10:12
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OP, this is a Billy Graham hands-on moment: you have to believe...that what we, faceless amateurs, say is correct while their official-looking letters say the opposite, and they're likely to.

So, steal yourself for a rejection, harassment, second thoughts and doubts aplenty before the final withering on the vine.

Threads like yours should not really go to more than a dozen or so posts.

You've been told what to write, and as posted please. No individuality, no editorials, no criticism, just what's given to you to send. Vitally and however tempting it might be for you, don't name the driver.

Next post maybe this one - this Tesco(pl check) is limited to 2 hours for customers: https://en.parkopedia.co.uk/parking/locatio...ng=202207081230
The driver was prima facie in breach. Let's not go into signage, it's not the point here.

Then maybe you asking how long should you wait for a response. It's a good thing to keep a post live.

Response. If rejection, then we'll draft something for you. If acceptance, then that's it.

The PPC's position is hopeless, so no point speculating beyond this point.

https://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted




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DWMB2
post Fri, 8 Jul 2022 - 11:28
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QUOTE (hcandersen @ Fri, 8 Jul 2022 - 11:12) *
OP, this is a Billy Graham hands-on moment: you have to believe...

First time I've seen private parking and Billy Graham come together laugh.gif

There's a link to POFA in my signature at the bottom of this post. If you read that, particularly paragraph 9, it shows what a compliant notice to keeper should include. You can compare this to what yours includes and you'll see the deficiencoes.

Horizon often cancel on first appeal, so send that template.


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jedi134
post Sat, 9 Jul 2022 - 08:50
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Thanks everyone, sent off appeal via online portal, will update on outcome.
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jedi134
post Tue, 2 Aug 2022 - 06:02
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Just to update, they cancelled the PCN, thanks again to all.
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Redx
post Tue, 2 Aug 2022 - 07:26
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QUOTE (jedi134 @ Tue, 2 Aug 2022 - 07:02) *
Just to update, they cancelled the PCN, thanks again to all.

As expected , well done , sometimes it can be that easy, but only with some companies who still fail to comply with Pofa
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