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#Post#: 62944--------------------------------------------------
Parent & Child bay - Tesco car park - Horizon parking
DIR By: Liffey
Date: March 17, 2025, 2:03 pm
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[Posting on behalf of the driver & registered keeper]
Received a ticket for parking in a parent and child bay. Vehicle
is clearly used for children and has a child's car seat
HTML https://i.ibb.co/zHFJcwkt/IMG-20250317-WA0012.jpg
HTML https://ibb.co/Cs62dFrS
HTML https://i.ibb.co/p6SST1hH/IMG-20250317-WA0014.jpg
HTML https://ibb.co/LD33y0NT
#Post#: 62950--------------------------------------------------
Re: Parent & Child bay - Tesco car park - Horizon parking
DIR By: Sander333
Date: March 17, 2025, 2:31 pm
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Horizon are not relying on POFA and they will have difficulty in
proving who was the driver at the time of the alleged incident.
Others will provide appropriate response to the parking
operator. Do not disclose driver details under any
circumstances. It will be interesting how they come to the
conclusion there was not a child in the vehicle.
#Post#: 62963--------------------------------------------------
Re: Parent & Child bay - Tesco car park - Horizon parking
DIR By: DWMB2
Date: March 17, 2025, 3:19 pm
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As above, essentially. As they have chosen not to comply with
the requirements of Schedule 4 of the Protection of Freedoms
Act, they cannot hold you liable as the registered keeper. They
can only hold the driver liable, and they don't know who that
is, so don't tell them.
I am assuming that:
- You are the registered keeper of the vehicle, with the
vehicle's V5C document in your name
- The notice you have showed us is addressed to you
If either of those assumptions are wrong, tell us, as it will
affect the approach.
If both of those assumptions are correct, you can appeal as the
registered keeper with 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 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. I am therefore unable to help you further with this
matter, and 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]
If appealing online, be careful there are no drop down/tick
boxes that cause you to identify who was driving, and keep a
close eye on your spam folder for their response. If they do not
respond within 28 days, chase them.
#Post#: 62967--------------------------------------------------
Re: Parent & Child bay - Tesco car park - Horizon parking
DIR By: Liffey
Date: March 17, 2025, 3:52 pm
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Thank you very much. There is a drop down box on the website
entitled "your association to the appeal in question". The three
options are: the registered keeper and driver/the registered
keeper/the driver
There are mandatory fields for name and surname.
Does this mean it should be appealed in writing instead of
online?
#Post#: 62975--------------------------------------------------
Re: Parent & Child bay - Tesco car park - Horizon parking
DIR By: DWMB2
Date: March 17, 2025, 4:43 pm
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Select "Registered keeper" only, for association to the appeal.
Providing your name is mandatory otherwise they've no idea who
is appealing (they already have your name from the DVLA so
you're not providing them anything they don't already have).
#Post#: 63005--------------------------------------------------
Re: Parent & Child bay - Tesco car park - Horizon parking
DIR By: b789
Date: March 17, 2025, 9:13 pm
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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.
The Keeper and the driver are two separate legal entities.
Whilst the Keeper may also be the driver, the only person that
knows that is you, so don’t go blabbing the drivers identity,
inadvertently or otherwise.
#Post#: 63180--------------------------------------------------
Re: Parent & Child bay - Tesco car park - Horizon parking
DIR By: Liffey
Date: March 19, 2025, 4:22 am
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The ticket has been cancelled. Many thanks for the help it is
much appreciated
#Post#: 63185--------------------------------------------------
Re: Parent & Child bay - Tesco car park - Horizon parking
DIR By: DWMB2
Date: March 19, 2025, 4:56 am
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Unusually prompt capitulation from Horizon! Good result and
thanks for the update.
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