Horizon ANPR PCN - exceeded max 2hrs stay -tesco PORTSLADE (Brighton)

[q.q.qlp]

Hi, 

 

1 Date of the infringement  27th May 2022

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  1st June 2022

 

3 Date received  I don't know sorry. 

 

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 (but as you can see it is very poor quality photos) 

 

6 Have you appealed? [Y/N?] post up your appeal]  NO

 

Have you had a response? [Y/N?] post it up  DIDN'T APPEAL

 

7 Who is the parking company? HORIZON

 

8. Where exactly [carpark name and town]  PORTSLADE (Brighton) 

 

which appeals body they operate under. DOESN'T SEEM TO BUT IT DOES MENTION POPLA IF UNSUCCESSFUL AND SAYS MEMBER OF BPA (just with a badge on the letter) 

 

It's been a while since I've had a PCN and wanted to be sure of the correct course of action.

 

Any help gratefully appreciated.

 

The photo of

the sign I'm sorry its turned out horizontal, 

The sign is at the top of the hill/entrance in the last photo on the far wall, sorry I don't have  photo closer up.

 

I switched to video as it's clearer but don't think I can post that here?

 

The sign shown in the close up can be seen in the far brick wall.

It is on the far lane (a road width away) from a sharp left turn past metal bollards on entry, so not easy to notice, impossible if a vehicle happens to be leaving the carpark at the same time as it would obscure the sign completely.

 

There are no other easily visible signs on the whole route into/out of the carpark, this is what my video showed, certainly no evidence of a sign with "terms and conditions" on it as claimed in the sign I've shown. 

 

TescoParking.pdf

[lookinforinfo]

Thank you for completing the questionnaire and posting up the PCN.

 

The PCN is not compliant withe the Protection of Freedoms Act 2012 for a number of reasons. What that means is that Horizon cannot transfer the debt from the driver to the keeper so don't appeal to them as you in doing so reveal who was driving.  One of the reasons for non compliance is that they have completely missed of the wording whereby they advise that if the keeper fails to say who was driving they have the right to  transfer the debt to the keeper. 

 

The sign at the entrance does not establish a contract between them and the motorist and is just an offer to treat.

 

The best advice is to write to the Tesco CEO advising him that Horizon are issuing non compliant PCNs which mean that the keeper is not responsible for the debt. Yet  Horizon constantly bombard the keeper with ever increasing amounts often up to £170 which are unlawful. When that is revealed in the Press how will that affect Tesco customers when they know they have been overcharged by agents provided by Head office even as they are customers who are shopping in Tesco stores.

 

Explain you are a disgruntled customer who spent longer in their store shopping and is now in the process of being heavily penalised.  The Government at least are bringing in new legislation to protect motorists from the greed of the parking companies but motorists also need the help of Companies like Tesco to curb the avarice of Horizon.

 

Point out hat you are a regular customer and hope that the CEO can help to cancel your PCN. Mr Murphy is the CEO. Don't be rude to him and say how good his staff are but castigate Horizon.

 

You might also suggest that two hours can not be enough for many people and perhaps some people cut short their shopping because of the short time there. And others maybe going to stores that have three hour parking or going where no parking crooks are on the premises.

[email protected]

[q.q.qlp]

That's great thank you I will do that and ignore Horizon. Do I also ignore all future threatograms from horizon/their stooges going forward or are there any I may need to reply to? 

 

Thanks again, Q. 

 

 

 

[honeybee13]

Ignore unless it's headed Letter Before Claim/Action. In that case, you need to come back here and we'll help you with pointers on a 'snotty letter'.

 

But if you aren't sure - because they will be persistent - come back here for a pep talk.

 

HB

[q.q.qlp]

Great, thanks again for the timely advice!