ASDA Water Gardens has canceled my PCN but Horizon Parking Ltd. pursuing charge

Jake_Jake

Hi,

Happy New Year To Everyone

I sincerely hope somebody may be able to help me with a  POPLA appeal against a Parking Charge Notice issued by Horizon Parking Ltd.

On Friday 5th November 2021 I have received Parking Charge Notice through the post for a visit I've made to Water Gardens Shopping Centre, Liverpool.

Horizon Parking Ltd.

Entry date: 19th April 2020

Issue date: 5th May 2020

Issued For: "Failure to pay for parking”

Background:

We have visited shopping centre with a toddler on 19th April for a weekly shopping. We are customers for over 10 years and we never experience any issues with parking tickets etc.

Unfortunately on this occasion We were running a little late due to toddler being a toddler. We had to drop him off at the nursery and the pressure was on. Driver forgot to pay for a parking. We have only realised that when a letter went through the door. 

In the first place I have contacted ASDA store manager to find out if there's anything he can do. Unfortunately it was too late for any amendments (It can only be done if situation occur on the same day). They've advised me to try ASDA Customer Team via website and on the same day I've left the message to be passed to a relevant department . Three days later I got a reply from Iain (Executive Relations) who I was responding to directly. Iain asked for attachment of PCN and background story. I explained what happened and attached some screenshots from banking app as a proof that I am regular and loyal customer (We have spent over £5K in the last 6 months). Iain reply was that he has been able to process a cancellation of the charge on this occasion. Also had to remind me that if there is a breach of the car park guidelines again he won't be able to cancel. Such a great news I thought as money are little bit tight after pandemic.

On 6th December another letter from Horizon Parking Ltd came through. Your Parking Charge Notice is overdue. Please Pay £60.00 now.  My happiness didn't last long I thought. I have instantly got back to Executive Team asking kindly what went wrong,  only to find out that they're unable to assist further from here as they are only able to cancel parking charges which came from Parking Eye. I have been provided with misleading information and this is absolutely frustrating. Further communications with ASDA leads to nowhere.

On 12/May/2020 I have submitted Appeal with Horizon Parking Ltd. I appealed as Keeper not the driver. I wrote a technical appeal based on the LTO being non-compliant with section 9.2(f) of POFA. Also I have mentioned that PCN meant to be cancelled by ASDA Executive Team. I am holding original email as proof for further appeals.

On 9th January 2021 appeal has been rejected on grounds that PCN was issued lawfully and in full and proper accordance with the Code of Practice issued by British Parking Association (the BPA). POPLA code has been issued and I have time untill 1st of February to deal with this.

 

Thank you in advance
I apologize if this is deemed an unnecessary post.

Coupon-mad

Ok so ypu continue to POPLA as keeper saying the same thing about the non-compliance with POFA, as your first point. Then the ususl template POPLA points that are in post #3 of the NEWBIES thread.

Are you certain the NTK is non-POFA in wording and that Asda didn't send Horizon your complaint that sounds like it clearly said who was driving?

patient_dream

 Iain reply was that he has been able to process a cancellation of the charge on this occasion. Also had to remind me that if there is a breach of the car park guidelines again he won't be able to cancel. Such a great news I thought as money are little bit tight after pandemic.

And guess you have this in writing ?   The other verbal simply means you do not have to shop in Asda again. These companies have no intelligence towards customers like you

I had the same problem a few years ago with Horizon and the store was Tesco..cancelled. It took 6 emails to get their confirmation, a complete shower

As long as you have it in writing from Asda, you can tell Horizon to take a hike  

And if you do go to POPLA, enclose a copy of the ASDA email that they cancelled

Jake_Jake

Hi Coupon-mad.

Thanks for your reply. I am positive that NTK is non-compliance with POFA. I have checked with Newbies thread.

In regards to complaint to ASDA. When I get in touch with Executive Team I have never mentioned who was the driver. I am tackling this as registered keeper.

Is there anything else I could possibly add to my appeal?

Appreciate your help. Have a nice evening.

Jake_Jake

patient_dream said:

 Iain reply was that he has been able to process a cancellation of the charge on this occasion. Also had to remind me that if there is a breach of the car park guidelines again he won't be able to cancel. Such a great news I thought as money are little bit tight after pandemic.

And guess you have this in writing ?   The other verbal simply means you do not have to shop in Asda again. These companies have no intelligence towards customers like you

I had the same problem a few years ago with Horizon and the store was Tesco..cancelled. It took 6 emails to get their confirmation, a complete shower

As long as you have it in writing from Asda, you can tell Horizon to take a hike  

And if you do go to POPLA, enclose a copy of the ASDA email that they cancelled

Hey Patient_Dream,

Thanks for your reply. That’s correct I have that in writing. I guess that’s my winning point. I am wondering if I should contact Horizon Parking Ltd directly or just sit thight and prepare POPLA appeal? 

Any advice will be appreciated. Have a nice evening.

Redx

Do the Popla appeal !

And complain to Asda again , if they employed horizon , or complain to whoever did employ horizon , if it wasn't asda

Jake_Jake

Redx said:

Do the Popla appeal !

And complain to Asda again , if they employed horizon , or complain to whoever did employ horizon , if it wasn't asda

Hi Redx,

Thanks for advice. Will do! 

I can’t wait for this nightmare to be over.

Have a lovely evening 👍

Regards
Jake_Jake

Coupon-mad

Show us your draft POPLA appeal based on what I pointed you to use.

patient_dream

Jake_Jake said:

patient_dream said:

 Iain reply was that he has been able to process a cancellation of the charge on this occasion. Also had to remind me that if there is a breach of the car park guidelines again he won't be able to cancel. Such a great news I thought as money are little bit tight after pandemic.

And guess you have this in writing ?   The other verbal simply means you do not have to shop in Asda again. These companies have no intelligence towards customers like you

I had the same problem a few years ago with Horizon and the store was Tesco..cancelled. It took 6 emails to get their confirmation, a complete shower

As long as you have it in writing from Asda, you can tell Horizon to take a hike  

And if you do go to POPLA, enclose a copy of the ASDA email that they cancelled

Hey Patient_Dream,

Thanks for your reply. That’s correct I have that in writing. I guess that’s my winning point. I am wondering if I should contact Horizon Parking Ltd directly or just sit thight and prepare POPLA appeal? 

Any advice will be appreciated. Have a nice evening.

If this was me, I would send the Asda email to them and tell them to cease.  You cannot appeal to them for something that has been cancelled 

Now, if they start playing up like a spoilt kid you can take it to POPLA. 

ASDA cancelled the ticket but ..... do Asda actually have the power to cancel or is there a landowner in the background who employed the PPC. ... you need to find this out

Umkomaas

Asda/Horizon is not a recognised alliance. I suspect this is a multi-outlet retail site where there will be a managing agent somewhere in the background. @Jake_Jake, can you confirm?

Thanks for your reply. I am positive that NTK is non-compliance with POFA. I have checked with Newbies thread.

As this will be a critical winning point at POPLA, can you elaborate on where you believe they have failed to meet PoFA requirements. At face value the dates you have posted above would suggest that they fall within PoFA parameters, which is one of the elements where many fail. However dates are not the be all and end all, there are other ducks they need to line up too.

Jake_Jake

patient_dream said:

Jake_Jake said:

patient_dream said:

 Iain reply was that he has been able to process a cancellation of the charge on this occasion. Also had to remind me that if there is a breach of the car park guidelines again he won't be able to cancel. Such a great news I thought as money are little bit tight after pandemic.

And guess you have this in writing ?   The other verbal simply means you do not have to shop in Asda again. These companies have no intelligence towards customers like you

I had the same problem a few years ago with Horizon and the store was Tesco..cancelled. It took 6 emails to get their confirmation, a complete shower

As long as you have it in writing from Asda, you can tell Horizon to take a hike  

And if you do go to POPLA, enclose a copy of the ASDA email that they cancelled

Hey Patient_Dream,

Thanks for your reply. That’s correct I have that in writing. I guess that’s my winning point. I am wondering if I should contact Horizon Parking Ltd directly or just sit thight and prepare POPLA appeal? 

Any advice will be appreciated. Have a nice evening.

If this was me, I would send the Asda email to them and tell them to cease.  You cannot appeal to them for something that has been cancelled 

Now, if they start playing up like a spoilt kid you can take it to POPLA. 

ASDA cancelled the ticket but ..... do Asda actually have the power to cancel or is there a landowner in the background who employed the PPC. ... you need to find this out

Fair point. I have consider that. You cannot appeal PCN that has been canceled, however if at any point ASDA did what they said they’re going to do I wouldn’t have anything to worry about. 

I am sure they’e aware of the case but that won’t stopping me from bothering them again. At the emd of the day I have nothing to lose.

I am going to find out who’s the actual landowner & complaint if necessary.


Top Man 👌 Cheers