Author Topic: Parent & Child bay - Tesco car park - Horizon parking  (Read 1122 times)

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Parent & Child bay - Tesco car park - Horizon parking
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[Posting on behalf of the driver & registered keeper]

Received a ticket for parking in a parent and child bay. Vehicle is clearly used for children and has a child's car seat




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Re: Parent & Child bay - Tesco car park - Horizon parking
« Reply #1 on: »
Horizon are not relying on POFA and they will have difficulty in proving who was the driver at the time of the alleged incident. Others will provide appropriate response to the parking operator. Do not disclose driver details under any circumstances. It will be interesting how they come to the conclusion there was not a child in the vehicle.

Re: Parent & Child bay - Tesco car park - Horizon parking
« Reply #2 on: »
As above, essentially. As they have chosen not to comply with the requirements of Schedule 4 of the Protection of Freedoms Act, they cannot hold you liable as the registered keeper. They can only hold the driver liable, and they don't know who that is, so don't tell them.

I am assuming that:
  • You are the registered keeper of the vehicle, with the vehicle's V5C document in your name
  • The notice you have showed us is addressed to you

If either of those assumptions are wrong, tell us, as it will affect the approach.

If both of those assumptions are correct, you can appeal as the registered keeper with 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 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. I am therefore unable to help you further with this matter, and 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,

If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond within 28 days, chase them.

Re: Parent & Child bay - Tesco car park - Horizon parking
« Reply #3 on: »
Thank you very much. There is a drop down box on the website entitled "your association to the appeal in question". The three options are: the registered keeper and driver/the registered keeper/the driver

There are mandatory fields for name and surname.

Does this mean it should be appealed in writing instead of online?

Re: Parent & Child bay - Tesco car park - Horizon parking
« Reply #4 on: »
Select "Registered keeper" only, for association to the appeal. Providing your name is mandatory otherwise they've no idea who is appealing (they already have your name from the DVLA so you're not providing them anything they don't already have).

Re: Parent & Child bay - Tesco car park - Horizon parking
« Reply #5 on: »
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.

The Keeper and the driver are two separate legal entities. Whilst the Keeper may also be the driver, the only person that knows that is you, so don’t go blabbing the drivers identity, inadvertently or otherwise.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Parent & Child bay - Tesco car park - Horizon parking
« Reply #6 on: »
The ticket has been cancelled. Many thanks for the help it is much appreciated
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Re: Parent & Child bay - Tesco car park - Horizon parking
« Reply #7 on: »
Unusually prompt capitulation from Horizon! Good result and thanks for the update.