Free Traffic Legal Advice

hello, I am writing this for my friend as she needs help with this parking fine.

my friend is in a very tricky situation where there’s domestic abuse at home. She is also a student nurse with autism and Asperger’s.

She came to visit me on 14th April, first she stopped into Tesco forgetting the Tesco is now closed. She still left her vehicle there signage was a little confusing for myself it seem to indicate that if she entered the car park at a certain time it will go based off of the next timeslot giving her up to 3 hours then up to 1 1/2 hours because of this she went over the 90 minutes stay and was issued with a carpark fine.

 She not too long ago received the letter even though the letter was dated a few weeks ago due to the controlling abusive nature of herhusband is very possible that he hid the letter or it genuinely was late, as a lot of Royal mail posta frequently late now. How can she best go about getting this cancelled please?

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As above, your friend has not received a “fine”. It is a speculative invoice from an unregulated private parking company for an alleged breach of contract.

Hopefully, no contact or appeal has been made yet. If so, this is easily dealt with and she won’t be paying a penny to Horizon.

Without seeing the back of the NtK, I am fairly confident that thy are not relying on the provisions of PoFA 2012 to hold the keeper liable. Only the driver is liable and Horizon have no idea of the drivers identity unless your friend reveals it to them. She must not do so. Any appeal/response is only as the keeper. There is no legal obligation for the keeper to identify the driver.

Unfortunately, it’s too late to appeal but you can still try. The may or may not accept it. If they don’t, then you complain instead.

For now, a PCN appeal stating the following:

“I appeal as the registered keeper. I am not obliged to identify the driver and decline to do so. You cannot transfer the driver’s liability (if any) to me as you have not served me with a notice to keeper that complies with Schedule 4 to the Protection of Freedoms Act 2012 (PoFA) and it is now too late to do so.

I require you to cancel the parking charge and remove my personal information from your database or else issue me with a POPLA code where we both know you will withdraw or lose.”

It’s not worth spending much effort on this as, ultimately, your friend cannot be liable as long as she does not identify the driver. The driver and the keeper are separate entities in law and, as mentioned, there is no legal obligation for the keeper to identify the driver.

If Horizon reject the appeal due to the deadline being missed, the n the above without the POPLA code request (no obligation from them due to appeal deadline being missed) as a complaint should be enough to give them the heads-up that they are not dealing with low-hanging fruit on the gullible tree and they are wasting their time if they persist.

Even if the appeal time as lapsed a late appeal shows you are being reasonable and engaged with them.
if it did go further it is in your favour.

Thank you b789

I have told her to send this across to them

I’m sorry I took me a little while to come back to this. I completely forgot to respond. It’s been a long time now and my friend has not heard a word back from the company since she sent that statement across saying about removing her details. Thank you so much all for your help.

I’ve started a new topic for my own parking fine now