B&M Store - Parking when Store Closing

JustRaider

The keeper received a Horizon Parking NTK (reminder only)for £85 for an 

overstay of 19 minutes in a B&M store car park. 

The entrance sign stated maximum 90 minutes. However beneath this, there 

was much smaller text “10 minutes Maximum Stay Outside Store Opening Hours”. 

This can quite easily be missed when driving into the car park.  

There were no signs for store opening times in the car park or the store.  

Numerous people were entering and leaving the store - Obviously the store

twas still open. I checked the official closing time  of the store for that day - it was 7pm.
The notice states entry to the car park at 

19:29 It appears that this store did not close at 7pm, so the 

“10 minutes Maximum Stay Outside Store Opening Hours” rule should not have 

been applied on that day.

Also my first correspondence with Horizon Parking was a postal "Notice To Keeper

Reminder Notice" received on the 23/6/2022. The breach occured on the 11/5/2022.

The notice stated that a PCN was "issued" on the 20/5/2022 but I never received it. 

When I make the company appeal I will state that Notice to Keeper PCN was not 

delivered within the relevant period of 14 days as described in Section 9(4) of 

the The Protection Of Freedoms Act 2012

Would this be a sufficient appeal to the Company ? I have further evidence on how

Horizon did not comply with other sections of POFA 2012. Should I not reveal this 

yet at the company appeal stage, but save it for a potential POPLA appeal ?

Thanks,
 JustRaider

Umkomaas

I've just responded to this on your duplicated thread. Why two threads?

JustRaider

Hi,
Apologies I accidently created a second thread by mistake.
Not sure how to delete it !

Fruitcake

You can't delete the thread, but you should be able to delete your last post, and edit the opening post and thread title to something like, "Duplicate thread."

JustRaider

I followed your advice Umkomaas :
"Use the blue text initial appeal from the NEWBIES FAQ Announcement, first post. adding that as their NtK fails PoFA requirements they should cancel forthwith."

Following a company appeal I've just received a message that the pcn is now cancelled.

Thanks for your help and advice - Another case won !