Author Topic: Horizon Parking Charge Overstay Tesco 1am  (Read 1321 times)

0 Members and 42 Guests are viewing this topic.

Re: Horizon Parking Charge Overstay Tesco 1am
« Reply #15 on: »
Thanks, have corrected date mix up so all good to submit?

Re: Horizon Parking Charge Overstay Tesco 1am
« Reply #16 on: »
As long as your dates are correct, send away!

Horizon have been desperately trying to amend their NtKs to make them PoFA compliant. However, despite doing their incompetent best, they have still managed to fail miserably.

However, expect them to try again and adjust their wording, especially after appeals such as the which highlight their incompetence.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Horizon Parking Charge Overstay Tesco 1am
« Reply #17 on: »
Horizon have been desperately trying to amend their NtKs to make them PoFA compliant.
It's not hard.  It's not like they've had 13 years to perfect it...
Funny Funny x 1 View List

Re: Horizon Parking Charge Overstay Tesco 1am
« Reply #18 on: »
Were you Jlc on PePiPoo? If so, good to see you back.
Yup...  It's depressing to see very little has changed as the industry still has its nose in the trough...

Re: Horizon Parking Charge Overstay Tesco 1am
« Reply #19 on: »
Let's hope the assessor can follow, assuming it gets that far.

OP, on points of accuracy:
The incorrect wording could mislead the keeper into thinking they have one less day to name the driver or challenge the charge before the operator claims the right to pursue them.

No. The keeper can relieve themselves of liability by naming the driver at any stage before legal proceedings are commenced anyway. And no, appealing has nothing to do with the wording of 9(2)(f), in fact PoFA is virtually silent on matters of appeals. Here's what it says:

9(2)(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;


The point of 9(2)(f) is not just that the creditor may not hold the keeper liable before the prescribed period has elapsed, it's that their Notice to Keeper must inform the keeper by stating this clearly.

Personally, your reference regarding what the incorrect wording could lead to is unnecessary and I'd leave it out.

So far we've skirted the issue of whether there was a breach and if so its particulars. Even Horizon's rejection was silent on this point.

I would add to your appeal that you haven't seen any evidence or reasoning which specifies the breach and therefore have been unable to consider this and make reference in your appeal.

Do you know the substance of the breach? Being on site for the period specified isn't a breach as such. It might be if only 10 minutes was allowed, but not if 3 hours was allowed!

Re: Horizon Parking Charge Overstay Tesco 1am
« Reply #20 on: »
Just received email from POPLA saying the operator has reviewed my appeal and chosen to cancel the parking charge and had withdrawn my appeal.

Thank you for all the help and advice received.
Winner Winner x 1 View List

Re: Horizon Parking Charge Overstay Tesco 1am
« Reply #21 on: »
Of course they have. They are utter morons and incompetent to boot.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain