Horizon PCN for overstaying in Town Centre Car Park - Asda Stafford

[darrenham]

Hi,

 

Got another pesky invoice.  I assume guidance is to ignore as with the other one (bad week for me apparently).

 

If you'd like any other info, please let me know.

 

 

1 Date of the infringement 03/03/2022

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 11/03/2022

 

3 Date received 13/03/2022 
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? No I don't believe it does
 

5 Is there any photographic evidence of the event? Yes, entrance and exit of the carpark.
 

6 Have you appealed? No - done nothing yet.
 

Have you had a response? n/a
 

7 Who is the parking company? Horizon Parking

 

8. Where exactly Asda Stafford
 

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

 

2022_04_07 14_40 Office Lens.pdf

Edited April 7, 2022 by darrenham
Wrong attachment

[FTMDave]

Have a read of this thread and go down the same road.  Lay it on thick about being a genuine customer.  It might get you nowhere.  But nothing ventured ...

 

 

[darrenham]

Have not done the above yet, but will have a read now (my notifications don't work very well here).

 

Have also received the attached letter from Debt Recovery Plus.

2022_06_07 Stafford 2.pdf

[honeybee13]

If you mean you haven't written to Asda since your post two months ago, it's always worth doing because it can be an instant fix to the problem.

 

You can ignore DR+ and any other letters they send. If you get a Letter Before Claim/Action from Horizon or their lawyers, you need to come back here for further advice.

 

It's important to keep an eye on this so please, if we advise to do something like writing a letter to Asda it's good to do it.

 

HB

[darrenham]

To be fair, I've read the link now and it refers to speaking to the manager of the store not writing a letter, I'd need to make a special trip for this.

 

Writing a letter would be ill-advised no?  You'd need to admit somewhere to being the driver of the vehicle if you're telling them you were a genuine customer?  Or do you just use creative writing to never confirm the driver bit?

[honeybee13]

See what others think but there are ways to write a letter to Asda that talk about 'the driver', etc. If the manager will help, it's a lot less hassle than ending up with a court claim, even if you win in court.

 

HB

[FTMDave]

5 hours ago, darrenham said:

To be fair, I've read the link now and it refers to speaking to the manager of the store not writing a letter, I'd need to make a special trip for this.

How far would the "special trip" be?

[darrenham]

It's an hour there and back.  I might give them a call tomorrow.

[FTMDave]

Point taken.  Send a letter then.  Lay it on thick about there being a genuine customer in the car, but don't say who was driving.

[darrenham]

Tried to be as non-committal as possible.  Thoughts?  Don't want to mention anything that they could possibly prove false.

 

To the Manager,

RE: Parking Charge Notice, Vehicle Reg XXXXXX

 

As a passenger in vehicle XXXXXX, I was dropped at your store on 3^rd March 2022 to do some shopping, but have since been issued with a Parking Charge Notice for parking in your carpark. 

 

As a regular and loyal ASDA customer I’m shocked to have received this charge for buying my weekly groceries.

 

Could you possibly speak to Horizon Parking and ask them to drop this?  I’ve never been charged before for using an Asda carpark.

 

Yours faithfully,

 

[brassnecked]

change to but the keeper has now been issued?  Thoughts team

[darrenham]

I am the keeper. It's ok to admit that I assumed?  They know that from the DVLA.

[dx100uk]

of course

 

dx

 

[brassnecked]

yes no need to name the driver, as many cars have multiple people insured tio drive them.

[lookinforinfo]

I recently wrote to the CEO who promptly cancelled the PCN.

 Mr R. Burnley, 

ASDA House,

Great Wilson Street,

Leeds LS11 5AD

 

I think you are best to write to the CEO saying you are a regular customer and feeling hard done by because their PCN is not compliant with the Protection of Freedoms Act 2012. And Horizon are pursuing you as the keeper when they should be getting the payment from the driver since you as keeper are not liable for a non compliant PCN.

The Notice to keeper is a dog's breakfast. 

There is no period of parking, just the entering and leaving the car park, which is not the same thin. There is no Creditor mentioned when there should be. And they do not mention that if no payment is made within 28n days, the keeper is liable. 

Therefore you as keeper are not liable for the debt. Do not tell them who was driving.

[lookinforinfo]

This is not for the CEO but is another reason why the PCN is not compliant which may come in handy should they be stupid enough to take you to Court.

The PCN has to specify the address where  the alleged breach took place. ASDA Stafford does not cut it since  there are two ASDA stores in Stafford.

 

 

[FTMDave]

Did you get this cancelled?  Recently we've had quite a few cases where Asda were excellent and called off the fleecers.

[darrenham]

No, I've had no response to my email, but I've also received no follow up from the fleecers, so maybe they've cancelled and not told me.

 

I'll follow up on the receipt of the next letter.  Scratch that, I've sent another mail laying it on thick about the cost of living.

Edited October 4, 2022 by darrenham

[FTMDave]

Any update here?  I ask as we have a new Cagger who is being hassled by the Horizon jokers.