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#Post#: 23302--------------------------------------------------
Horizon car park fine in Tesco car park
DIR By: Astrahope
Date: May 20, 2024, 8:15 pm
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hello, I am writing this for my friend as she needs help with
this parking fine.
my friend is in a very tricky situation where there’s domestic
abuse at home. She is also a student nurse with autism and
Asperger’s.
She came to visit me on 14th April, first she stopped into Tesco
forgetting the Tesco is now closed. She still left her vehicle
there signage was a little confusing for myself it seem to
indicate that if she entered the car park at a certain time it
will go based off of the next timeslot giving her up to 3 hours
then up to 1 1/2 hours because of this she went over the 90
minutes stay and was issued with a carpark fine.
She not too long ago received the letter even though the letter
was dated a few weeks ago due to the controlling abusive nature
of herhusband is very possible that he hid the letter or it
genuinely was late, as a lot of Royal mail posta frequently late
now. How can she best go about getting this cancelled please?
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#Post#: 23340--------------------------------------------------
Re: Horizon car park fine in Tesco car park
DIR By: Dave65
Date: May 21, 2024, 4:14 am
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Firstly this is not a fine, it is an invoice.
We really need to see a copy of the PPN, with personal details
redacted but leave dates.
Horizon`s previously PPN didn`t conform to PoFA to hold the
keeper liable, however newer ones may.
#Post#: 23351--------------------------------------------------
Re: Horizon car park fine in Tesco car park
DIR By: b789
Date: May 21, 2024, 4:41 am
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As above, your friend has not received a “fine”. It is a
speculative invoice from an unregulated private parking company
for an alleged breach of contract.
Hopefully, no contact or appeal has been made yet. If so, this
is easily dealt with and she won’t be paying a penny to Horizon.
Without seeing the back of the NtK, I am fairly confident that
thy are not relying on the provisions of PoFA 2012 to hold the
keeper liable. Only the driver is liable and Horizon have no
idea of the drivers identity unless your friend reveals it to
them. She must not do so. Any appeal/response is only as the
keeper. There is no legal obligation for the keeper to identify
the driver.
Unfortunately, it’s too late to appeal but you can still try.
The may or may not accept it. If they don’t, then you complain
instead.
For now, a PCN appeal stating the following:
“I appeal as the registered keeper. I am not obliged to identify
the driver and decline to do so. You cannot transfer the
driver’s liability (if any) to me as you have not served me with
a notice to keeper that complies with Schedule 4 to the
Protection of Freedoms Act 2012 (PoFA) and it is now too late to
do so.
I require you to cancel the parking charge and remove my
personal information from your database or else issue me with a
POPLA code where we both know you will withdraw or lose.”
It’s not worth spending much effort on this as, ultimately, your
friend cannot be liable as long as she does not identify the
driver. The driver and the keeper are separate entities in law
and, as mentioned, there is no legal obligation for the keeper
to identify the driver.
If Horizon reject the appeal due to the deadline being missed,
the n the above without the POPLA code request (no obligation
from them due to appeal deadline being missed) as a complaint
should be enough to give them the heads-up that they are not
dealing with low-hanging fruit on the gullible tree and they are
wasting their time if they persist.
#Post#: 23707--------------------------------------------------
Re: Horizon car park fine in Tesco car park
DIR By: Astrahope
Date: May 23, 2024, 2:27 pm
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hello, thank you for your advice. I am going to add the rest of
the letter that she received. I have a similar parking fine
myself but I have responded to mine it so I’m going to make a
separate post. I did enable this to give me alerts when I have
received a response.
#Post#: 23844--------------------------------------------------
Re: Horizon car park fine in Tesco car park
DIR By: Dave65
Date: May 25, 2024, 4:47 am
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Even if the appeal time as lapsed a late appeal shows you are
being reasonable and engaged with them.
if it did go further it is in your favour.
#Post#: 23863--------------------------------------------------
Re: Horizon car park fine in Tesco car park
DIR By: Astrahope
Date: May 25, 2024, 9:18 am
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Hi Dave thank you . This is the only letter she’s received that
she’s aware of
#Post#: 23865--------------------------------------------------
Re: Horizon car park fine in Tesco car park
DIR By: Astrahope
Date: May 25, 2024, 9:20 am
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Thank you b789
I have told her to send this across to them
#Post#: 23866--------------------------------------------------
Re: Horizon car park fine in Tesco car park
DIR By: b789
Date: May 25, 2024, 9:25 am
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You need to redact the PCN number and the VRM on that picture. I
just logged in to the Horizon appeal page and I could have
caused much mischief by submitting an appeal in the name of Fred
Bloggs had I been so inclined.
#Post#: 35993--------------------------------------------------
Re: Horizon car park fine in Tesco car park
DIR By: Astrahope
Date: September 7, 2024, 6:17 am
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I’m sorry I took me a little while to come back to this. I
completely forgot to respond. It’s been a long time now and my
friend has not heard a word back from the company since she sent
that statement across saying about removing her details. Thank
you so much all for your help.
I’ve started a new topic for my own parking fine now
#Post#: 36000--------------------------------------------------
Re: Horizon car park fine in Tesco car park
DIR By: b789
Date: September 7, 2024, 6:45 am
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Not hearing back from Horizon does not mean it has gone away.
Tell your friend that if she moves home or changes address in
the next 6 years, she will have to tell Horizon DPO to erase the
old address and update with the new address for service.
Horizon cannot go back to the DVLA to request their data a
second time. They are only allowed to do it once, so changing
the address on the V5C does not give them the new address.
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