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#Post#: 40831--------------------------------------------------
PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: ezmarok178
Date: October 15, 2024, 8:11 am
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I received this PC (I note it's titled Parking Charge not
Parking Charge Notice?) on Friday 11th October for an overstay
of 31 minutes outside the permitted 30 minute parking period.
The issue date is 1st October, date of breach was 27th
September. I received this 10 days later, which seems very slow
to me.
As registered keeper I approached the Tesco Express duty manager
(store manager not present) yesterday explaining that although
they had to pick up their child from the nearby school where
dedicated parking is non existent, the driver was a customer in
store that day (there is evidence of this via online banking),
but they said they do not have the power to get tickets
cancelled.
Is there any grounds for appeal?
Thanks in advance, any advice is appreciated.
HTML https://i.imgur.com/wfqbZYu.jpeg
HTML https://i.imgur.com/195rD9u.jpeg
HTML https://i.imgur.com/ouiwMbt.jpeg
#Post#: 40835--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: b789
Date: October 15, 2024, 8:32 am
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Oh dear... has there been any communication with Horizon that
reveal the driver identity? For example has the Keeper (the
recipient of the Notice to Keeper (NtK)), mentioned or given
away that they were the driver?
That NtK is not fully compliant with all the requirements of
PoFA and so the keeper cannot be liable unless they have
admitted to being the driver, inadvertently or otherwise.
Easy one to defeat... as long as the unknown drivers identity is
not revealed. There is no legal obligation on the known keeper
(the recipient of the Notice to Keeper (NtK)) to reveal the
identity of the unknown driver and no inference or assumptions
can be made.
The NtK is not compliant with all the requirements of PoFA which
means that if the unknown driver is not identified, they cannot
transfer liability for the charge from the unknown driver to the
known keeper.
Use the following as your appeal. No need to embellish or remove
anything from it:
--- Quote ---
> I am the keeper of the vehicle and I dispute your 'parking
charge'. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. Horizon has relied on contract law allegations of
breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
Horizon have no hope at POPLA, so you are urged to save us both
a complete waste of time and cancel the PCN.
--- End Quote ---
#Post#: 40845--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: ezmarok178
Date: October 15, 2024, 8:57 am
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Thanks b789.
There has been no communication with Horizon at all, so no
identity has been revealed by the keeper.
That sounds pretty straightforward; so I'm optimistic about the
appeal. Horizon appear to try and trick you into revealing the
identity of the driver with the reason for appeal drop down box
on their appeals form. This one will be filed under 'other,' and
I will report back when I hear from them.
#Post#: 40851--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: b789
Date: October 15, 2024, 9:07 am
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Horizon are likely to reject the appeal but POPLA should uphold
it if so.
#Post#: 40856--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: DWMB2
Date: October 15, 2024, 9:21 am
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Horizon did used to cancel their non-PoFA tickets when it was
pointed out, so you may get lucky.
#Post#: 40902--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: H C Andersen
Date: October 15, 2024, 1:36 pm
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We've all been there, but please tell the driver that they risk
receiving further parking charge notices if they use this car
park as a proxy for legitimate on-street parking as part of the
'school run'.
If there is a 'customer' condition, this means during the period
of parking IMO, not at any other time.
#Post#: 40960--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: dave-o
Date: October 16, 2024, 4:13 am
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--- Quote from: ezmarok178 link ---
>
> . I approached the Tesco Express duty manager .... they said
they do not have the power to get tickets cancelled.
>
--- End Quote ---
For what it's worth, of course they have the power to get it
cancelled. They just don't want to bother. If you make enough
fuss you may get them to decide that dealing with you is more
hassle than dealing with Horizon. This happened to me recently.
I can help you figure out their email if you don't already know
it.
Ultimately if you are lucky it will be a lot less bother than
all of the private parking scam rigmarole.
#Post#: 40961--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: DWMB2
Date: October 16, 2024, 4:14 am
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--- Quote from: dave-o link ---
>
> For what it's worth, of course they have the power to get it
cancelled.
>
--- End Quote ---
You'd be surprised at some of the contracts landowners agree
to...
#Post#: 40964--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: dave-o
Date: October 16, 2024, 4:23 am
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--- Quote from: DWMB2 link ---
>
> [quote author=dave-o link=topic=3462.msg40960#msg40960
date=1729069997]
> For what it's worth, of course they have the power to get it
cancelled.
>
--- End Quote ---
You'd be surprised at some of the contracts landowners agree
to...
[/quote]
I don't doubt it, but I do doubt that duty managers and cowboy
parking firms discuss contract stipulations when requesting
cancellations. It's probably the case that the cowboys just
cancel the majority of those the manager asks for. After all
they are making lots of money from supermarket car parks so it's
worth keeping them sweet even if that means cancelling the small
percentage of tickets that the customer/landowner makes a fuss
about.
I may be wrong but I still think it's a lot less hassle to give
this a go than all the POPLA/DRA/Court nonsense that likely
follows otherwise.
#Post#: 40968--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: DWMB2
Date: October 16, 2024, 4:33 am
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Oh yes, certainly far less hassle.
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