Horizon PCN

Beverley_Hillbillies

Hello experts,

I've received the attached PCN from Horizon, although the PCN states I've breached the T&Cs of the site (Tesco Superstore) the PCN doesn't say what the T&Cs are, I actually parked between 03:00am - 03:28, the store wasn't open.

I've tried to follow the newbies thread 🤦‍♂️🤷‍♂️ I've been into the store, spoken with the store manager including the PCN evidence, the store manager says he has no authority to intervene, other than to follow the appeal process on the PCN. 

Just 2 questions please?

Q1: Do I appeal the PCN, using this template:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.



[Images removed by Forum Team]

Q2: Do I appeal via email, if so, can I use an email address that doesn't identify me?

Gr1pr

Yes use the template appeal, although I am not surprised that the keeper received a PCN for parking on a supermarket car park monitored by ANPR cameras, in the middle of the night 

They already identified the keeper, its on the PCN above, but you can use any email address for this purpose, as long as you have access to it, so it can be a different one to your standard daily email address, you can even setup a new free one if you prefer, one that can be used instead of your regular email address 

Expect a rejection, the signs probably forbade parking outside of normal opening times, especially during the night 

Brie

If it's like our nearby Tesco there are very confusing signs.  Most visible is the one that says 3 hours free parking.  Then there are others where under the 3 hours bit is has different things for during the night when the shop is closed and something again for certain hours on Sundays.  The shortest time mentioned is 15 minutes allowed so I suspect this is what you have exceeded as it was at night when the store was closed.

All that said you should go back and take pictures.  It may be helpful to have pictures of what might (or might not) be visible and easy to read when you drive in and then check if the other signs say anything different.  Horizon will send you a sign that is convenient to their argument rather than one that a customer can easily see and read.  

You could try writing to Tesco head office or CEO to complain in case that forces the issue in your favour.  Point out the confusion about the signs as appropriate.

And then follow the bits on the stickies (apparently this is supposed to be very easy but I'm not 100% convinced)

I mention the confusion about the signs as apparently there is something in law about a consumer (i.e. you) being able to depend on the simplest instruction rather than having to untangle what applies where there are conflicting terms.  So if a sign highlights "3 hours free" then you should be able to depend on that rather than to figure out that a sign in a potentially dark parking area might mention that at 3 am you can only park for 15 minutes.  

Coupon-mad

You can use the one in the NCP non-PoFA (Airport) thread (right next to yours).

Or the MET Parking one from yesterday which went over exactly the same point (non-POFA). Or the one the day before that.  Read any Horizon, APCOA or Smart Parking thread.

You'll know already from reading the NEWBIES thread first post, that Horizon are one of those operators which only issue non-POFA NTKs. Absolute cinch to beat as long as you don't tick "driver" when appealing. Impossible to lose.