Horizon PCN, Tesco carpark, Scotland. POFA compliance??
I received a PCN from Horizon after exceeding maximum stay period. Anonymised image attached.
To be completely honest we had parked there in order to watch a cycling event and this was the obvious (but ill chosen) parking spot. We did shop in the store on return to the vehicle though, but only for a few bits and pieces. I think the time stamps are accurate.
The parking period limit simply did not occur to us at the time, we were visiting the area and do not live there (>1.5 hrs away normally).
I know the advice on the Newbies thread is to complain to store and then submit template letter to the parking company, same as England/Wales. I will have a go with Tesco but can't contact the store directly and most replies on Twitter seem to advise speaking to Horizon directly and nothing Tesco can do.
My question is regarding POFA wording and timescales as this seemed a bit confusing in the Newbies thread:
"Check the compliance of your Notice to Keeper, if the PPC is citing 'keeper liability' under the POFA. Here's a link to Schedule 4 of POFA 2012 which applies in England/Wales only (look for the words shown in paragraph 8 if it's a 'windscreen ticket followed by a NTK', or the words in paragraph 9 if it's a postal PCN only):
If the NTK arrives late, this does not make the PCN 'void' but it means there is 'no keeper liability' possible.
If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to!) the a postal PCN must arrive by day 14 if there was no windscreen ticket.
Or, the NTK must arrive with you between day 29 and day 57 if there was a windscreen PCN.
Some firms (e.g. Civil Enforcement, Highview, Smart Parking, CP Plus and some small PPCs) don't even bother with POFA 2012 wording so the keeper is not liable and you must you point that out to POPLA."
This states that it only applies in England and Wales.
My PCN states that the vehicle breached the conditions on 9th August. the PCN is dated 1st September but was only received yesterday 11th September. There was no windscreen PCN.
So my understanding is that this PCN is not compliant as it was issued and arrived >14days after the alleged breach. BUT does this also apply in Scotland?? Or am I a bit scunnered.
Thank you for any help/advice, I have looked through the threads but couldn't see anything specifically on this.
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