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#Post#: 19987--------------------------------------------------
Horizon Parking PCN, Tesco Clitheroe, double-dip
DIR By: Boomer
Date: April 19, 2024, 7:53 am
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The driver entered the car park early morning (07:51 according
to Horizon) and left around 08:00. They returned again around
15:30 and left several minutes later (thus also well over the
required hour between visits). Tesco shopping receipts can
confirm the approximate exit times.
This is obviously a double-dip, but additionally Horizon are
probably not PoFA compliant - the latter hopefully an easier
win.
Do the panel think that the "standard" PoFA response will get
the ticket cancelled (to save arguing about orphan images and
the like)?
HTML https://i.ibb.co/8dBmf1d/Horizon1.jpg
HTML https://i.ibb.co/chkbF19/Horizon2.jpg
HTML https://i.ibb.co/SdQwqGs/Horizon3.jpg
#Post#: 19988--------------------------------------------------
Re: Horizon Parking PCN, Tesco Clitheroe, double-dip
DIR By: b789
Date: April 19, 2024, 8:06 am
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It's a non-PoFA compliant NtK. So, no admitting who the driver
was. An email complaint to the Tesco CEO,
ken.murphy@uk.tesco.com is also likely to get it cancelled.
This worked last week with another Horizon/Tesco PCN:
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[indent]This is an appeal by the registered keeper - No driver
details will be given. Please do NOT try the usual trick of
asking for driver details in order to get around the fact your
NtK does not comply with PoFA. As there is no keeper liability,
therefore, liability cannot flow from the driver to the keeper
and so, is an automatic win at POPLA. Please cancel the notice
or issue a POPLA code at which point you will auto
withdraw.[/indent]
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However, as it is a double-dip, they have breached your GDPR and
the BPA CoP section 22.2 and therefore breached the KADOE rules.
You should also "complain" (not appeal) to Horion about these
breaches. A complaint to the DVLA is also warranted.
Depending on how feisty and confident you are you could also
turn the tables on Horizon if you are prepared to do the
following:
--- Quote ---
> Article 12 of the UK GDPR legally requires data controllers to
store and process personal data accurately: clearly, any data
controller issuing an invoice to you because it has wrongly
recorded that you parked in breach of the alleged contract
between you and the landowner (or, as in this case, an agent of
the landowner) is processing your personal data unlawfully.
>
> The precedents for claiming damages and compensation for such
unlawful processing are the decisions of the Court of Appeal in
Zeta Jones & Douglas v Hello! Magazine [2003] EWHC 786 and
Halliday v Creation Consumer Finance Ltd (CCF) [2013] EWCA Civ
333, both being binding on all County Courts in England and
Wales. In the latter claim, Mr Halliday was awarded
compensation of £750 at what the Court regarded was the lowest
level of award, and although this was a claim under Section 13
of the Data Protection Act 1998, similar provisions - amended to
take account of a decision by the EU Grand Chamber that the 1998
Act did not properly implement EU law into UK domestic
legislation - replaced the old Section 13 provisions with
Article 12 of the UK GDPR and Section 168 of the Data Protection
Act 2018.
>
> In short, you ought to give 21 days notice (the pre-action
protocol only really requires 14 days but hey, you can be
charitable!) to the data controller of your intention to seek
(say) £300 nominal damages and compensation under Article 12 of
the UK GDPR and Section 168 of the Data Protection Act 2018 for
their unlawful processing of your personal data. Clearly mark
your letter as a "Letter before County Court proceedings".
>
> Anyone who is fairly confident can claim as a
litigant-in-person in Part 27 proceedings in the County Court
(commonly but wrongly described as "the Small Claims Court").
Each party is responsible for their own legal costs whether they
win or lose and the claim for £300 can be issued online for a
fee of £35 at moneyclaimonline.gov.uk which also gives useful
advice if you want to have a look at what is involved. Your
claim will automatically be listed as being for a total of £335,
i.e. the successful party gets their Court fees back.
--- End Quote ---
#Post#: 20047--------------------------------------------------
Re: Horizon Parking PCN, Tesco Clitheroe, double-dip
DIR By: Boomer
Date: April 20, 2024, 3:35 am
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b789, thanks for confirming that it is non-PoFA compliant - i'll
use the standard text when i reply to them.
I wish that i had time to take it further, but at the moment i
just want it out of the way. I am surprised that they have sent
me a non-compliant letter, as other posts are suggesting that
they are starting to "get it right" (although in my case, a
double-dip should also get it cancelled if they get stroppy).
#Post#: 20366--------------------------------------------------
Re: Horizon Parking PCN, Tesco Clitheroe, double-dip
DIR By: The Rookie
Date: April 23, 2024, 3:58 am
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Additionally you’ll note they claim the vehicle breached the
conditions, this is legally tosh unless they’ve suddenly
invented autonomous cars.
Only a driver can breach the conditions, and for a double dip it
would have to be the same driver both times (the ‘no return can
only apply to the driver’, so they would have to prove it was
the same driver both times…..
#Post#: 20629--------------------------------------------------
Re: Horizon Parking PCN, Tesco Clitheroe, double-dip
DIR By: Boomer
Date: April 25, 2024, 12:49 pm
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Well a couple of hours ago i received a reply from Horizon
Parking (after around 4 days)...
--- Quote ---
> Dear Appellant,
>
> Parking Charge Notice: XYZZY-PLUGH
>
> Thank you for your recent correspondence regarding the above
Parking Charge Notice, which we have reviewed.
>
> I can confirm the Parking Charge Notice has now been cancelled
and no further action will be taken in this matter.
>
> Please note that once the Parking Charge Notice is cancelled
the contact details are removed from the Parking Charge Notice
and will not be retained for any purpose or shared with third
parties. We are, however, required to retain images and appeal
correspondence for a period of 2 years by DVLA and the BPA and
are not therefore able to delete these from our system. You can
review our privacy policy at
HTML https://horizonparking.co.uk/privacy-policy/
or you can request
that a copy is sent to you in the post by contacting us at the
address below, if you have any queries regarding your data.
>
> Yours sincerely,
> Horizon Parking
--- End Quote ---
...so many thanks to b789 and The Rookie for their replies to
this thread, and to the others around the forum who suggested
various PoFA appeal wordings.
I must admit that i am surprised how quickly Horizon backed
down, especially as they must have spent a few quid requesting
my details from the DVLA plus the cost of postage and printing.
Gotta give them credit for not trying to drag things out!
Time for a celebratory beer ;)
#Post#: 20643--------------------------------------------------
Re: Horizon Parking PCN, Tesco Clitheroe, double-dip
DIR By: DWMB2
Date: April 25, 2024, 2:25 pm
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--- Quote ---
> they must have spent a few quid requesting my details from the
DVLA
--- End Quote ---
It used to be £2, I assume it still is!
Good result - they usually cancel quickly when they're not onto
a winner. Although a recent PCN we've seen suggests they are now
complying with PoFA in some other cases, so one to be mindful of
in future!
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