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HORIZON ANPR PCN - overstay Tesco Burnley


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I would like to know if, given the content of the documents issued, this company can rely on the POFA 2012. They have not mentioned any such intent in their communications so far, (attached to this post). It is my understanding that the creditor must:

 

Warn the keeper that if the parking charges remains outstanding after 28 days and the name and address of the driver has not been given, or otherwise known to the person entitled to the parking charge,  that “creditor” will be entitled to recover the parking charge from the registered keeper.

 

I see no such warning in PCN or NTK. Indeed, they say that they have the right to recover the outstanding charge from the driver despite not knowing who the driver is! I would appreciate your advice.

 

1 Date of the infringement

09/06/2021
 

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

16/06/2021
 

3 Date received

21/06/2021
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

No
 

5 Is there any photographic evidence of the event?

Yes
 

6 Have you appealed? [Y/N?] post up your appeal]

No
 

Have you had a response? [Y/N?] post it up

N/A
 

7 Who is the parking company?

Horizon Parking

 

8. Where exactly [carpark name and town]

Tesco Burnley
 

For either option, does it say which appeals body they operate under.

BPA

 

Mass PDF Horizon.pdf

 

 

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Their NTK is incorrectly worded to allow them to pursue the keeper. They can still pursue the driver though so it is important that you do not divulge the driver's name.

 

Please note that if you were to write to them you must be careful not to say that" I" parked the car etc . Instead you must  state that the driver parked the car so they cannot infer that you were the driver.

 

What they will do is to pursue the keeper under the assumption that they were also the driver [which would not be accepted by the Court ] or hoping that as the costs mount up, that you will bottle and pay up yourself.

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  • dx100uk changed the title to HORIZON ANPR PCN - overstay Tesco Burnley
  • 1 month later...

I now have a letter from Debt Recovery Plus. They want me to phone them so they can look into my liability depending on whether I was the driver or the keeper. They threaten that if I don't contact them they will take it that I agree that I am liable. I didn't know that these parasites had such power. Do I contact them or do I continue to ignore the matter?

Horizons Debt Collectors..pdf

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No, they don't have that power.  In fact they have no power to do anything at all as it's not their debt.

 

Just relax & ignore their bilge.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you want advice on your thread please PM me a link to your thread

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