Free Traffic Legal Advice

The Notice to Keeper is not PoFA compliant. Keep the fact that you or one of the occupants had a blue badge for later, if necessary.

For now, it is an easy one to deal with… as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Horizon has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. Horizon have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Not worth wasting your time on the initial appeal as they are not going to accept anything you say. You are not dealing with a company that has any ethos of customer service. They are ex-clampers whose only reason d'être is to scam as much money out of motorists as they can. Do not imagine for a moment that they really care about parking management.

When they reject the initial appeal, as they are BPA members, you can then appeal to POPLA. Whilst POPLA is supposedly independent, just remember that they are a business and they are funded by the very companies that you are appealing against. Also, some of their assessors are truly incompetent and even moronic when it comes to interpreting contract law. However, they do have an appellant success rate of around 30%-40%, which puts the IPCs IAS appellant success rate of less than 4% to shame.

The NtK is not PoFA compliant with paragraphs 9(2)(a), (b), (c), (d), (e), (f) and (h) to name a few. You can check for yourself here: PoFA 2012 Schedule 4

The NtK does not specify a "period of parking". It does not specify the "relevant land" (there are at least three Tesco stores in Windsor). It does not state that the Keeper is liable. It does not describe circumstances in which the requirement to pay the charge arose or the facts that made it payable. It does not specify that the amount due should be paid no later than the end of the day before the day on which the notice is sent by post. It does not invite the Keeper to pay the charge. It does not warn the Keeper that they will become liable for the charge if the driver is not identified after the period of 28 days beginning with the day after that on which the notice is given. It does not identify the creditor.

I could go on, but you get the gist.

FYI, these are at lest three Tesco stores I can find in Windsor and the relevant one is not identified:

Tesco Stores Ltd, Dedworth Rd, Windsor SL4 4JT
Tesco Stores Ltd, 32 Peascod St, Windsor SL4 1EA
Tesco Stores Ltd, Clarence Rd, Windsor SL4 3QL

It just confirm that you are dealing with intellectually malnourished, incompetent, ex-clampers

Well I can not thank-you enough b789... found this email in junk folder this morning dated 28th February confirming cancellation of the Parking Charge!


I am sure this wont be the last visit I make to this site, it seems everywhere you park you have to have your wits about you.

Until then, keep up the great work you do and again many thanks for your help :-)



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