Horizon Parking 'Fine' - Tesco

Equix

Newbie here, Any and all assistance is welcome here folks. 
I've read the newbies thread however I do have to say it's a little overwhelming and I'm not one to be easily intimidated by things I'm not massively educated on. 

Anywho, I received a PCN in the mail yesterday with the usual mumbo and images of my car. Horizon parking want £40 since the RK overstayed by an hour in the local Tesco Extra. 

I'm not paying it, I just want to know how to make it go away. 

I've tried 'Plan A', but unsure as to whether you fine folks would count it as 'exhausted'. 
Basically, I rang up Tesco helpline and the woman I spoke to was of no help at all, and after explaining that the RK visits that tesco regularly and has never been stung, AND explaining that on the day in question the RK did a rather large shop (£200 shopping bill) she started questioning me as if RK was in the wrong for doing so? and for spending so long in the store? (4hrs as RK bumped into a friend instore).

In the end she just told me to go through the Appeal process as there was nothing she could do at this stage   

So what do I do here? Go into store and ask for the manager to see if they will sort it? or go straight to Plan B and use the template? 

Also I don't know if the PCN uses Popla wording I can upload images if needed. 

Gr1pr

You do both, as keeper, adding a copy of the proof of patronage to the appeal and to the complaint, without revealing who was driving, the royal WE will suffice 

Yes upload redacted pictures of both sides of the PCN letter, redacting all personal information but leave the dates and times showing 

You mean POFA wording, not Popla

Equix

All mentions of RK was meant to be 'Driver'  but for some reason I can't delete to retype or edit posts on this forum...

Equix

Gr1pr said:

You do both, as keeper, adding a copy of the proof of patronage to the appeal and to the complaint, without revealing who was driving, the royal WE will suffice 

Yes upload redacted pictures of both sides of the PCN letter, redacting all personal information but leave the dates and times showing 

You mean POFA wording, not Popla

Yes POFA, I'll upload shortly. Much appreciated. 

Gr1pr

Equix said:

All mentions of RK was meant to be 'Driver'  but for some reason I can't delete to retype or edit posts on this forum...

As a newbie you don't have enough posts etc, you cannot edit until the mse forum changes your status to forumite 

We dont expect people to infer who was driving, the RK received the postal notice and the RK is dealing with it 

If the local manager won't help, you email the UK CEO of Tesco and complain directly to them, with a copy of the proof of patronage 

Equix

Here's the images

GrumpyDil

Hm, I can't see any POFA wording on that letter so read the information about POFA in the newbies threads. 

In summary you are not obliged to confirm who the driver was and the wording has not been included which allows the parking company to transfer liability to the registered keeper. 

Gr1pr

I am not surprised that they issued a PCN for a 4 hour stay at a seaside town Tesco, we haven't seen the signs but typically it would be either 30 minutes, one hour, 90 minutes, or possibly 2 hours maximum stay, few if any supermarkets allow stays over 3 hours 

If you appeal as keeper based on the account above, it will fail because there was a breach of the parking contract on that private property as detailed on the signs we haven't yet seen, or on the big spend either 

But although the NTK PCN letter complies with POFA timescales, it fails on POFA wording, POFA warnings etc, it doesn't even attempt to impose POFA 2012 upon the keeper 

So the keeper would appeal using one of the short bespoke templates as seen in recent threads on here, based on not compliant with POFA only, nothing else 

No blabbing about who was driving, a driver is likely to fail if they appeal or complain , so....

Keeper only 

Equix

Gr1pr said:

I am not surprised that they issued a PCN for a 4 hour stay at a seaside town Tesco, we haven't seen the signs but typically it would be either 30 minutes, one hour, 90 minutes, or possibly 2 hours maximum stay, few if any supermarkets allow stays over 3 hours 

If you appeal as keeper based on the account above, it will fail because there was a breach of the parking contract on that private property as detailed on the signs we haven't yet seen, or on the big spend either 

But although the NTK PCN letter complies with POFA timescales, it fails on POFA wording, POFA warnings etc, it doesn't even attempt to impose POFA 2012 upon the keeper 

So the keeper would appeal using one of the short bespoke templates as seen in recent threads on here, based on not compliant with POFA only, nothing else 

No blabbing about who was driving, a driver is likely to fail if they appeal or complain , so....

Keeper only 

The max stay is 3 hours I've been told. But to be honest I wasn't even aware of it until after receiving this. You're saying that an appeal as Keeper will fail... So what's the point in appealing? 

Also I'm not going to post a picture of the receipt but I do have it to hand. 

Gr1pr

I didn't say that at all , I said that a DRIVER appeal will fail, because the driver breached the rules there due to overstaying beyond that 3 hour limit.  The signs on sites conveyed the rules, the contract, to the driver, the driver should have read them, drivers are expected to comply with all signage whilst out in their vehicles, not reading the signs is no defence if it went to civil court 

I also said that a keeper appeal would fail if it was based on your story in post 1, so it won't be based on your story 

We don't need to see a picture of the receipt , but it may assist in any direct complaint to Tesco 

Ideally we could do with seeing pictures of the signage, but I will accept your account that its 3 hours maximum 

The keeper appeals with a not compliant with POFA appeal  , as seen in other threads on here 

The driver sits on their own hands and does nothing at all, but should read and comply with signs in future, in order to avoid getting any more PCNs 

Equix

Gr1pr said:

I didn't say that at all , I said that a DRIVER appeal will fail, because the driver breached the rules there due to overstaying beyond that 3 hour limit.  The signs on sites conveyed the rules, the contract, to the driver, the driver should have read them, drivers are expected to comply with all signage whilst out in their vehicles, not reading the signs is no defence if it went to civil court 

I also said that a keeper appeal would fail if it was based on your story in post 1, so it won't be based on your story 

We don't need to see a picture of the receipt , but it may assist in any direct complaint to Tesco 

Ideally we could do with seeing pictures of the signage, but I will accept your account that its 3 hours maximum 

The keeper appeals with a not compliant with POFA appeal  , as seen in other threads on here 

The driver sits on their own hands and does nothing at all, but should read and comply with signs in future, in order to avoid getting any more PCNs 

Ah I see, I Appreciate the clarification. Thank you.