Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: beansprout on February 21, 2024, 05:07:53 pm

Title: Re: PCN - Exceeded maximum stay period - Tesco Extra Bristol
Post by: DWMB2 on February 21, 2024, 06:25:17 pm
Quote from: H C Andersen on February 21, 2024, 06:00:49 pm
I agree with the draft except for the key point of 'cancel the charge'.
If the OP is so minded, they could perhaps change "I look forward to your confirmation that the charge has been cancelled" to "I look forward to your confirmation that my appeal has been upheld".

Either way, Horizon's template response to the above appeal usually contains the line:
"I can confirm the Parking Charge Notice has now been cancelled"
Title: Re: PCN - Exceeded maximum stay period - Tesco Extra Bristol
Post by: H C Andersen on February 21, 2024, 06:00:49 pm
Do NOT do anything which hints at the identity of the driver.

I agree with the draft except for the key point of 'cancel the charge'.

The keeper has no standing to demand that 'the charge be cancelled' because this is a matter between the creditor and the driver alone and the NTK has no bearing on this issue as regards the keeper. 

The issue for the keeper is to get the creditor to acknowledge that they may not and will not seek to exercise any 'Right to claim unpaid parking charges from keeper of vehicle'

OP, IMO unfortunately the whole business of PoFA and approved operators and their accredited trade associations has become so adulterated over time that the purpose of a keeper accessing a)any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter contained in it' has been lost by the relevant Accredited Trade Associations and their approved operators.

The legal purpose of a compliant NTK is simply to provide the creditor with the legal right to hold a keeper liable for a driver's parking charge. Whether a keeper wishes to appeal on the point of the propriety of the charge is secondary IMO and should not apply here.

The NTK does not contain what's required by law to hold the keeper liable for the driver's charge. End of.

If you want to intercede with Tesco on the driver's behalf to get the charge cancelled then this has nothing to do with your response to the NTK, it's a parallel strand of action.
Title: Re: PCN - Exceeded maximum stay period - Tesco Extra Bristol
Post by: DWMB2 on February 21, 2024, 05:57:01 pm
Quote from: beansprout on February 21, 2024, 05:52:20 pm
I've sent an email to Tesco CEO.
"Using a sledgehammer to crack a nut" springs to mind here, but if it works... I'd have probably started with the store management.

Given Horizon have often been known to cancel when in receipt of a suitable appeal such as the one above, you could appeal straight away.
Title: Re: PCN - Exceeded maximum stay period - Tesco Extra Bristol
Post by: beansprout on February 21, 2024, 05:52:20 pm
I'd usually pop into the store and have a chat with customer services, but I'm not in the right city at the moment.

I've sent an email to Tesco CEO.

I guess worth getting representations sent off now rather than waiting for a response.

Thanks for the help
Title: Re: PCN - Exceeded maximum stay period - Tesco Extra Bristol
Post by: DWMB2 on February 21, 2024, 05:15:48 pm
If the driver was a genuine customer then they can approach Tesco and ask them to intervene, ideally providing a receipt from their shopping on the occasion in question (presumably quite a hefty one for such a long stay). Otherwise:

Quote from: beansprout on February 21, 2024, 05:07:53 pm
Any obvious grounds for appeal?
This being Horizon, they have as usual decided not to bother issuing a notice that complies with the requirements of Schedule 4 of the Protection of Freedoms Act in order to hold the registered keeper liable. Therefore, you could appeal as the registered keeper (being careful to not reveal, via any tick boxes etc on the online form, who was driving), along the lines of the below:

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 am appealing this notice on the grounds that I have no liability for this matter as the registered keeper of the vehicle.

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. As I have no liability for this charge, I 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,

Keep a close eye on your spam folder for their response. If they do not respond within 35 days, chase them.
Title: PCN - Exceeded maximum stay period - Tesco Extra Bristol
Post by: beansprout on February 21, 2024, 05:07:53 pm
So today I received a PCN for an overstay of 30 minutes outside the permitted 3 hour parking period.

Notice issue date is 12/02/24.. and was received 21/02/24.. seems pretty slow even by royal mail standards. Kind of infuriating that there's no date on the envelope! 

Any obvious grounds for appeal?

(https://i.ibb.co/2N6VGC8/PXL-20240221-164701536.jpg) (https://ibb.co/2N6VGC8)
(https://i.ibb.co/s9cQJ2D/PXL-20240221-164654458-MP-2.jpg) (https://ibb.co/s9cQJ2D) (https://i.ibb.co/6YRt0BD/PXL-20240221-164635787-2.jpg) (https://ibb.co/6YRt0BD)