Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: phlegmborough2 on May 26, 2025, 04:43:43 pm
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Hi everyone,
In a surprising turn of events, Horizon Parking actually cancelled the PCN! https://imgur.com/a/vOx6zPM
What happened was that I appealed, saying it was an honest mistake and that I'm a super regular customer at that Tesco (got nothing much to lose since the pofa reason didn't work). They replied asking for evidence of my stay that day, and I supplied them with two months' worth of Tesco Club card transactions.
Phew!
One PCN down, 3 more to go....
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What di you en your "appeal window" ends in a day? The PCN was issued on 8th May. The PPSCoP says you have 28 days from the date the PCN is received to submit an appeal. Allowing 2 working days for service of the notice, it was not deemed received until Monday 12th May. Therefore the appeal deadline is 28 days after that, which by my calculation is Monday 9th June.
As their NtK is PoFA compliant, you can't use the usual non-PoFA excuse in an appeal. Use anything else you can think of, including signage issues to make your appeal. It doesn't really matter at this stage as any initial appeal is going to be rejected anyway.
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I guess they have too many folks asking them about getting their pcn cancelled ;D
I have one more day before my appeal window ends, any advice on what I can use in the appeal? Thank you!!
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Who did "they" ask? A minion behind the customer service desk?
What you've written above sounds like they approve of their miserly customers who don't spend at least £200 a pop each time they visit, receiving a speculative invoice form their contracted parking enforcer for an additional £100 as punishment.
If that's the case, a formal complaint to the Tesco CEO is in order and some adverse publicity in the media is warranted.
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They asked and they just said well unless you've spent like 200 quid at Tesco's that day then there's nothing they can do ::)
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How far up the management food chain did you go when trying Plan A? You were fobbed off by whoever you went to for your Plan A. Tesco are jointly and severally liable for the actions of their agents and can get the PCN cancelled.
Ask them who is the Monkey and who is the Organ Grinder in their contractual relationship with Horizon?
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Hi, this is the signage at Tesco. https://imgur.com/a/NVxSqlX
It's a fairly large carpark and there are several such signs around it.
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I will head to Tesco later for the latest image!
Admittedly, with 3 PCNs on our plate now, it was tempting to cave in and just pay up for the fourth one! But no, we will fight this!
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Those images are useless as they are from 2022. You need to get contemporaneous ones.
If there are stickers over some of the terms in the signs, there is a good chance that the changes made to the signs were not amended in their contract with the landowner. That is always a useful thing to throw at POPLA and put them to strict proof that the contract was valid at the time of the alleged breach.
However, I worry whenever someone says they were amenable to paying the charge at the mugs discount rate. That is basically admitting liability. I don't want to waste my time advising if you are going to fold once the going gets tough and litigation is started.
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Hi!
It is a fairly large carpark, but here are some of the signs: https://imgur.com/a/gA0gTwt
They've pasted over the hours of some of the hours, but I am unsure what was the previous time allocated for parking.
Can I use this as an excuse, which I'm sure will be rejected, then move my way onto small claims where there's a high probability of it getting cancelled?
To be fair, it was an oversight on our part. We were prepared to pay the 40quid but we were on holiday and when we finally opened the letter, it was past the discounted penalty.
Thanks so much!
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Unfortunately Tesco said it is out of their hands....
How far up the management chain have you gone? Assuming the driver was a customer and not just chancing their arm on some free parking, you might have more joy escalating things.
Apart from pofa, which doesn't apply for this case, on what other grounds can this be appealed?
At risk of sounding blunt, you tell us - we apply our advice to the facts, rather than the other way round. Are there any grounds on which you believe the charge is not owed? Is the signage prominently displayed, are the terms clear, are said terms capable of forming a contract? If you show us the signage, we can advise on that.
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Unfortunately Tesco said it is out of their hands....
To be fair, it was an honest mistake that the car exceeded the stay period. However, we still wish to appeal it!
Apart from pofa, which doesn't apply for this case, on what other grounds can this be appealed?
Thank you!
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Plan A is ALWAYS try to get the landowner/agent to get the PCN cancelled. They contracted the operator to manage the parking. If they are unnecessarily issuing speculative invoices to their customers, then that can['t be good for business.
Aim as high up the management food chain. Don't expect a customer service minion to even know how to get this cancelled.
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Yes, I thought I've seen several Tesco/Horizon PCNs being won as they were not Pofa-compliant. Alas! I'm out of luck then.
The Tesco where the PCN took place is Driffield, George Street.
I'm actually a regular at this Tesco, and know many of the staff there. Any chance I could get them to persuade their manager to write it off? Or am I better off with reasons such as poor signage etc?
Thank you!
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I agree. After many attempts over the years, Horizon recently started to do something about their shoddy PCNs and have finally honed them to PoFA perfection.
I blame myself and a few others who repeatedly, over the years, managed to have every single claim by Horizon thrown out, where the drivers identity was not revealed.
So, as far as this PCN is concerned, you won't win it on no Keeper liability, unless the location, which you've inconveniently redacted, introduces any ambiguity about the relevant land.
You'd be better trying to appeal on poor signage and the possibility that their contract with eh landowner or their agent is not valid.
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After years of not bothering, Horizon have finally decided to use PoFA...
How long is allowed for parking?
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Only our fourth parking charge in 1.5 years :D You'd think we'd be pro at this by now...
Is this PoFA compliant? Apologies for the crumpled state of the paper, we have a naughty preschooler in the house...
Thanks so much in advance!
Image here: https://imgur.com/a/l82OAGp