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  • FIRST POST
    • surveyor_101
    • By surveyor_101 11th Jul 17, 10:37 AM
    • 131Posts
    • 116Thanks
    surveyor_101
    Horizon Parking- Tesco appeal gone past 35 days
    • #1
    • 11th Jul 17, 10:37 AM
    Horizon Parking- Tesco appeal gone past 35 days 11th Jul 17 at 10:37 AM
    So I appealed to Horizon on the 6/06 for a charge based on the security guard taking photos of cars he lists as overstayers. Date of parking was 31/05.

    I have not had a response or my ticket cancelled and on horizons site it locked at 14 day payment of £43.50.

    I emailed yesterday Horizon and the bpa the following with a copy of my appeal.




    Dear Horizon Parking/BPA,

    You will note 35 Days have now elapsed since I submitted the below appeal and you have failed to respond, cancel or provide a POPLA Code.

    I note from your website my charge notice remains locked on 14 day cycle for payment.

    Your website sets a limit of 35 Days for Horizon to deal with any appeals or challenges. This is a requirement under BPA Code 22.1 if you do not adhere to this code you are in breach of your KADOE Contract with DVLA and as such I will now be raising a complaint with BPA for breach of their code. I will also asking that you are no longer allowed access to DVLA data as per the terms of your contract with them.

    Careful scrutiny of an actual lease would be required to confirm or refute your legitimacy in even taking on a contract for parking management, or as it turns out, mismanagement.

    You have therefore failed in the duty of care necessary in your collection and processing of my personal details. Access to the DVLA database for my personal details was unwarranted and unlawful due to the fact that you had no rights to operate on the land without the appropriate authority and subsequently access my data. I am therefore submitting a complaint to the Information Commissioner’s Office about your misuse of personal data and now make a claim against you for punitive damages to the extent of £750 for the wrongful application for, and misuse of my information from the DVLA. This is a serious matter and one which is both stressful and degrading.
Page 1
    • beamerguy
    • By beamerguy 11th Jul 17, 10:55 AM
    • 6,182 Posts
    • 7,906 Thanks
    beamerguy
    • #2
    • 11th Jul 17, 10:55 AM
    • #2
    • 11th Jul 17, 10:55 AM
    You should also issue your complaint to the Tesco CEO as they
    employ Horizon

    Mr Dave Lewis Chief Executive
    dave.lewis@uk.tesco.com

    You need to ask why Tesco employ Horizon who clearly are
    not professional
    Remind Tesco that they are jointly responsible for their agents
    and request the ticket is cancelled

    Don't expect much from the BPA as they are proven to be useless
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Money Saver
    • By Money Saver 11th Jul 17, 10:55 AM
    • 336 Posts
    • 60 Thanks
    Money Saver
    • #3
    • 11th Jul 17, 10:55 AM
    • #3
    • 11th Jul 17, 10:55 AM
    I see a group of facebook who have good success at fighting these charges. Search on facebook: Fight your private parking invoice

    Good luck
    Regards,

    Money Saver




    • beamerguy
    • By beamerguy 11th Jul 17, 11:06 AM
    • 6,182 Posts
    • 7,906 Thanks
    beamerguy
    • #4
    • 11th Jul 17, 11:06 AM
    • #4
    • 11th Jul 17, 11:06 AM
    I see a group of facebook who have good success at fighting these charges. Search on facebook: Fight your private parking invoice

    Good luck
    Originally posted by Money Saver
    I see on that facebook page, MSE is highlighted

    That's good because MSE and Peppipoo are the only sites that
    offers the best advice and what to do with a very high success rate
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • surveyor_101
    • By surveyor_101 11th Jul 17, 12:10 PM
    • 131 Posts
    • 116 Thanks
    surveyor_101
    • #5
    • 11th Jul 17, 12:10 PM
    • #5
    • 11th Jul 17, 12:10 PM
    They are a bit stumped as the planning consent for this car park includes some spaces for the fancy dress shop in the same building.

    I have spoken to the owner who says he should have two set spaces (as per his lease) but tescos took over the entire car park and he just has park were he can and notify horizon of the plates who the cars he has in and does not get tickets.

    The planning consent that Tesco submitted has the spaces shown as set and separate to Tesco's and so I challenge who has contracted to issue charges for these spaces.
    • surveyor_101
    • By surveyor_101 12th Jul 17, 9:03 AM
    • 131 Posts
    • 116 Thanks
    surveyor_101
    • #6
    • 12th Jul 17, 9:03 AM
    • #6
    • 12th Jul 17, 9:03 AM
    OK so they have said they did not respond for 35 days as they are investigating why the planning for this site has part of the car park for another business in the next door property.

    They have cancelled my PCN but i have asked them to prove the landowner authority or pay the £750 compo in my previous email for accessing my personal data without legal grounds to do so.

    My email response had a number of people copied in from Horizon.

    Admin Cc: Laura!Kashmiry; Will!Dickson

    Dear Mr

    Further to your email of yesterday, I confirm we are investigating the point you raised in your earlier email with our client, Tesco.

    We recognise that these investigations have caused a delay in us responding to your appeal and, therefore, confirm that the Notice has been cancelled. Please accept our apologies for the delay.

    Yours sincerely
    Alison Dickson



    I have sent them this>

    Alison,


    Unfortunately the matter is not closed as far as I am concerned as a number of key questions remain unanswered. Cancellation of the Penalty Charge Notice does not get around the fact that you have applied to the DVLA for my private data and seem to have a lack of understanding who and what parking spaces you are contracted to manage.

    I am led to believe your parking contract for this site is with Tesco. If that’s the case the lease Tesco have is for part of High Street property and does allow for the other tenant namely ‘Party On Warehouse’ here after POW who retain rights to some spaces within the car park. This has been confirmed by the proprietor of POW who says despite their lease stating they retain specific spaces they have ended up with a ‘free for all’ with regard to parking their vehicles in this car park. This begs the question do you have landowner authority to operate on this site, which comes back to my point below, that you have failed to address;

    Careful scrutiny of an actual lease would be required to confirm or refute your legitimacy in even taking on a contract for parking management, or as it turns out, mismanagement.
    You have therefore failed in the duty of care necessary in your collection and processing of my personal details. Access to the DVLA database for my personal details was unwarranted and unlawful due to the fact that you had no rights to operate on the land without the appropriate authority and subsequently access my data. I am therefore submitting a complaint to the Information Commissioner’s Office about your misuse of personal data and now make a claim against you for punitive damages to the extent of £750 for the wrongful application for, and misuse of my information from the DVLA. This is a serious matter and one which is both stressful and degrading.
    Sadly as the BPA is more like a members club the Private Parking Industry is now riddled with Operators who issue PNC’s without understanding the legal ramifications in the hope that most legimate customers are ignorant to how the system really works and they just panic and pay. I am of the opinion it should not take you 35 Days to establish if you have landowner authority to carry our parking management in this case. Even if you were struggling at any point I could of been updated as to what was happening with my appeal, or you could of declined my appeal and issued a POPLA code and then all parties would of been able to see the landowner agreement. I have flagged that on the face of it Tesco Planning Consent is contrary to how you seem to operating the car park and you now say you are investigating.

    Therefore please can you furnish me with a copy of the contract you have with your client for this car park since that has been used to qualify for BPA Membership and the subsequent KADOE Contract with the DVLA. This has entitled you apply for my personal details from the DVLA in this case.

    Unless you now accept that you should not have applied for my personal data from the DVLA and you are willing to compensate me in the amount of £750 as requested in my previous email.

    Yours faithfully

    Had a few tickets from this site as they have a security guard who struggles to walk with a smart phone photographing cars. He himself parks in one of the disabled bays without showing a badge.
    • beamerguy
    • By beamerguy 12th Jul 17, 9:14 AM
    • 6,182 Posts
    • 7,906 Thanks
    beamerguy
    • #7
    • 12th Jul 17, 9:14 AM
    • #7
    • 12th Jul 17, 9:14 AM
    surveyor_101

    brilliant letter and I hope you take this to the bitter end

    What about all the others who have suffered ?

    A couple of years ago, I had a run in with Tesco about fake pictures
    take by Horizon.
    Tesco cancelled the same day ?
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • surveyor_101
    • By surveyor_101 12th Jul 17, 2:30 PM
    • 131 Posts
    • 116 Thanks
    surveyor_101
    • #8
    • 12th Jul 17, 2:30 PM
    • #8
    • 12th Jul 17, 2:30 PM
    The [problem with this site is it right in the middle of the council car park and with no fences (it used to have) a lot of people get confused, see old dears buying parking tickets.

    They also used to use euro car parks and have a 1 hour limit but now its horizon and 30 mins. They claim to use CCTV on their signs but in fact its a security guard who take photos on a smart phone.
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