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#Post#: 59391--------------------------------------------------
Horizon Parking - Parent & Child Parking - Tesco, Windsor
DIR By: jakey2204
Date: February 23, 2025, 10:02 am
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Hello, advice needed please.
The keeper received this NtK from Horizon for parking in a
Parent and Child bay in Tesco. The driver holds thier hand-up to
a possible mistake thinking it was a Disabled bay (driver holds
a valid Blue Badge) and then forgetting to display thier badge.
On first impression the images taken do not display the front
registration plate, however on Horizon's appeal page there are
further images of the vehicle with the rear plate clearly
visible and identifiable, however said images do not clearly
show the vehicle parked in a Parent & Child bay. There is
neither any indication on the NtK that further evidence may be
available by means of video or cctv recordings. Can I appeal
this notice based on this lack of evidence alone.
Secondly, could the notification itself be non-compliant with
POFA regulation with regards to liabilty as someone suggested on
a fb group page?
Any help much appreciated.
Kind regards.
Geoff.
Google streetview:
HTML https://www.google.com/maps/@51.4782437,-0.6503339,3a,75y,177.58h,86.04t/data=!3m7!1e1!3m5!1spzMwJCQJ_f49pVU-2EvM-g!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D3.9586824359241604%26panoid%3DpzMwJCQJ_f49pVU-2EvM-g%26yaw%3D177.57572775896563!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI1MDIxOS4xIKXMDSoJLDEwMjExNDU1SAFQAw%3D%3D
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#Post#: 59395--------------------------------------------------
Re: Horizon Parking - Parent & Child Parking - Tesco,
Windsor
DIR By: b789
Date: February 23, 2025, 10:26 am
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The Notice to Keeper is not PoFA compliant. Keep the fact that
you or one of the occupants had a blue badge for later, if
necessary.
For now, it is an easy one to deal with… 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#: 59403--------------------------------------------------
Re: Horizon Parking - Parent & Child Parking - Tesco,
Windsor
DIR By: jakey2204
Date: February 23, 2025, 11:04 am
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Thank you for responding.
Happy to appeal using the above, but for the record, how does
the NtK not fully comply with PoFA 2012?
And shouldnt any of the non-compliance elements be brought to
the table at this point in order to hammer-down the appeal?
Thanks again.
#Post#: 59411--------------------------------------------------
Re: Horizon Parking - Parent & Child Parking - Tesco,
Windsor
DIR By: b789
Date: February 23, 2025, 12:07 pm
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Not worth wasting your time on the initial appeal as they are
not going to accept anything you say. You are not dealing with a
company that has any ethos of customer service. They are
ex-clampers whose only reason d'ętre is to scam as much money
out of motorists as they can. Do not imagine for a moment that
they really care about parking management.
When they reject the initial appeal, as they are BPA members,
you can then appeal to POPLA. Whilst POPLA is supposedly
independent, just remember that they are a business and they are
funded by the very companies that you are appealing against.
Also, some of their assessors are truly incompetent and even
moronic when it comes to interpreting contract law. However,
they do have an appellant success rate of around 30%-40%, which
puts the IPCs IAS appellant success rate of less than 4% to
shame.
The NtK is not PoFA compliant with paragraphs 9(2)(a), (b), (c),
(d), (e), (f) and (h) to name a few. You can check for yourself
here: PoFA 2012 Schedule 4
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted
The NtK does not specify a "period of parking". It does not
specify the "relevant land" (there are at least three Tesco
stores in Windsor). It does not state that the Keeper is liable.
It does not describe circumstances in which the requirement to
pay the charge arose or the facts that made it payable. It does
not specify that the amount due should be paid no later than the
end of the day before the day on which the notice is sent by
post. It does not invite the Keeper to pay the charge. It does
not warn the Keeper that they will become liable for the charge
if the driver is not identified after the period of 28 days
beginning with the day after that on which the notice is given.
It does not identify the creditor.
I could go on, but you get the gist.
FYI, these are at lest three Tesco stores I can find in Windsor
and the relevant one is not identified:
Tesco Stores Ltd, Dedworth Rd, Windsor SL4 4JT
Tesco Stores Ltd, 32 Peascod St, Windsor SL4 1EA
Tesco Stores Ltd, Clarence Rd, Windsor SL4 3QL
It just confirm that you are dealing with intellectually
malnourished, incompetent, ex-clampers
#Post#: 59413--------------------------------------------------
Re: Horizon Parking - Parent & Child Parking - Tesco,
Windsor
DIR By: jakey2204
Date: February 23, 2025, 12:19 pm
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Oh my! 👀
I hadnt even noticed they hadnt narrowed down the
location...thank god for people like you!
Ok so I will send the appeal off as you posted, and likely
expect rejection...and then off to PoFA we go!
I can already see how this is going to play out so no doubt my
next reply will be with Horizon's rejection letter.
Thanks again 👍
#Post#: 60354--------------------------------------------------
Re: Horizon Parking - Parent & Child Parking - Tesco,
Windsor
DIR By: jakey2204
Date: March 3, 2025, 8:37 am
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Well I can not thank-you enough b789... found this email in junk
folder this morning dated 28th February confirming cancellation
of the Parking Charge!
I am sure this wont be the last visit I make to this site, it
seems everywhere you park you have to have your wits about you.
Until then, keep up the great work you do and again many thanks
for your help :-)
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#Post#: 60361--------------------------------------------------
Re: Horizon Parking - Parent & Child Parking - Tesco,
Windsor
DIR By: Sander333
Date: March 3, 2025, 9:20 am
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As always a wealth of knowledge provided to deal with these
parking companies. However they will never get deterred.
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