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#Post#: 16028--------------------------------------------------
PCN - Exceeded maximum stay period - Tesco Extra Bristol
DIR By: beansprout
Date: February 21, 2024, 11:07 am
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So today I received a PCN for an overstay of 30 minutes outside
the permitted 3 hour parking period.
Notice issue date is 12/02/24.. and was received 21/02/24..
seems pretty slow even by royal mail standards. Kind of
infuriating that there's no date on the envelope!
Any obvious grounds for appeal?
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#Post#: 16029--------------------------------------------------
Re: PCN - Exceeded maximum stay period - Tesco Extra Bristol
DIR By: DWMB2
Date: February 21, 2024, 11:15 am
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If the driver was a genuine customer then they can approach
Tesco and ask them to intervene, ideally providing a receipt
from their shopping on the occasion in question (presumably
quite a hefty one for such a long stay). Otherwise:
--- Quote from: beansprout link ---
>
> Any obvious grounds for appeal?
>
--- End Quote ---
This being Horizon, they have as usual decided not to bother
issuing a notice that complies with the requirements of Schedule
4 of the Protection of Freedoms Act in order to hold the
registered keeper liable. Therefore, you could appeal as the
registered keeper (being careful to not reveal, via any tick
boxes etc on the online form, who was driving), along the lines
of the below:
[indent]Dear Sirs,
I have received your Parking Charge Notice (Ref: ________) for
vehicle registration mark ____ ___, in which you allege that the
driver has incurred a parking charge.
I am appealing this notice on the grounds that I have no
liability for this matter as the registered keeper of the
vehicle.
I note from your correspondence that you are not seeking to hold
me liable as the registered keeper, under Schedule 4 of the
Protection of Freedoms Act 2012 ("The Act"). You have chosen not
to issue a Notice to Keeper in accordance with The Act, and it
is now too late for you to do so.
There is no obligation for me to name the driver and I will not
be doing so. As I have no liability for this charge, I look
forward to your confirmation that the charge has been cancelled.
If you choose to decline this appeal, you must issue a POPLA
code.
Yours,[/indent]
Keep a close eye on your spam folder for their response. If they
do not respond within 35 days, chase them.
#Post#: 16032--------------------------------------------------
Re: PCN - Exceeded maximum stay period - Tesco Extra Bristol
DIR By: beansprout
Date: February 21, 2024, 11:52 am
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I'd usually pop into the store and have a chat with customer
services, but I'm not in the right city at the moment.
I've sent an email to Tesco CEO.
I guess worth getting representations sent off now rather than
waiting for a response.
Thanks for the help
#Post#: 16033--------------------------------------------------
Re: PCN - Exceeded maximum stay period - Tesco Extra Bristol
DIR By: DWMB2
Date: February 21, 2024, 11:57 am
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--- Quote from: beansprout link ---
>
> I've sent an email to Tesco CEO.
>
--- End Quote ---
"Using a sledgehammer to crack a nut" springs to mind here, but
if it works... I'd have probably started with the store
management.
Given Horizon have often been known to cancel when in receipt of
a suitable appeal such as the one above, you could appeal
straight away.
#Post#: 16034--------------------------------------------------
Re: PCN - Exceeded maximum stay period - Tesco Extra Bristol
DIR By: H C Andersen
Date: February 21, 2024, 12:00 pm
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Do NOT do anything which hints at the identity of the driver.
I agree with the draft except for the key point of 'cancel the
charge'.
The keeper has no standing to demand that 'the charge be
cancelled' because this is a matter between the creditor and the
driver alone and the NTK has no bearing on this issue as regards
the keeper.
The issue for the keeper is to get the creditor to acknowledge
that they may not and will not seek to exercise any 'Right to
claim unpaid parking charges from keeper of vehicle'
OP, IMO unfortunately the whole business of PoFA and approved
operators and their accredited trade associations has become so
adulterated over time that the purpose of a keeper accessing
a)any procedures offered by the creditor for dealing informally
with representations by the keeper about the notice or any
matter contained in it' has been lost by the relevant Accredited
Trade Associations and their approved operators.
The legal purpose of a compliant NTK is simply to provide the
creditor with the legal right to hold a keeper liable for a
driver's parking charge. Whether a keeper wishes to appeal on
the point of the propriety of the charge is secondary IMO and
should not apply here.
The NTK does not contain what's required by law to hold the
keeper liable for the driver's charge. End of.
If you want to intercede with Tesco on the driver's behalf to
get the charge cancelled then this has nothing to do with your
response to the NTK, it's a parallel strand of action.
#Post#: 16037--------------------------------------------------
Re: PCN - Exceeded maximum stay period - Tesco Extra Bristol
DIR By: DWMB2
Date: February 21, 2024, 12:25 pm
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--- Quote from: H C Andersen link ---
>
> I agree with the draft except for the key point of 'cancel the
charge'.
>
--- End Quote ---
If the OP is so minded, they could perhaps change "I look
forward to your confirmation that the charge has been cancelled"
to "I look forward to your confirmation that my appeal has been
upheld".
Either way, Horizon's template response to the above appeal
usually contains the line:
[indent]"I can confirm the Parking Charge Notice has now been
cancelled"[/indent]
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