Tesco horizon parking ticket advice

nbamaster

Hi all,

A few weeks ago when shopping at tescos, I parked in Parent and Child Bay, but I didn't have my child with me at the time. 
When I got back in my car, one of the bystanders informed me that someone has taken photographs of my car being parked there. So I was expecting something to come through the post.

Please see attached picture of the parking charge notice and please advice me what to do.

Kind regards

Gr1pr

Whatever the circumstances, plan A is complain to Tesco ASAP with proof of patronage like receipts, bank statements, clubcard etc and get it cancelled ASAP.  Your first task of the day, before appealing etc 

So plan A , today. !

Post a redacted picture of the back too, no personal information 

DE_612183

you should also check what it says on the signs in the car park about they bays you parked in

DE_612183

Not sure if this constitutes a "contract"- how tall are you? 

KeithP

I dealt with one of these earlier this year. Same scenario - parking in a parent and child bay at Tesco without a child.

The keeper responded with...

This is an appeal by the Registered Keeper - No driver details will be given. 

Please do NOT try the usual trick of asking for driver details in order to get around the fact that your Notice to Keeper does not comply with Schedule 4 of The Protection of Freedoms Act 2012. 

As there is no keeper liability, liability cannot flow from the driver to the keeper and so this will be an automatic win at POPLA. Please cancel this Parking Charge Notice or issue a POPLA code at which point you will auto withdraw.

Within two weeks the following response was received from Horizon...

Dear Appellant,

 

Parking Charge Notice: 00073****7   

 

Thank you for your recent correspondence regarding the above Parking Charge Notice, which we have reviewed.

 

I can confirm the Parking Charge Notice has now been cancelled and no further action will be taken in this matter.

 

Please note that once the Parking Charge Notice is cancelled the contact details are removed from the Parking Charge Notice and will not be retained for any purpose or shared with third parties.  We are, however, required to retain images and appeal correspondence for a period of 2 years by DVLA and the BPA and are not therefore able to delete these from our system. You can review our privacy policy at https://horizonparking.co.uk/privacy-policy/ or you can request that a copy is sent to you in the post by contacting us at the address below, if you have any queries regarding your data.

 

Kind regards,

 

Appeals Department                                            

Horizon Parking Limited

Zbubuman

Out of curiosity. When you log into their portal. Do the photos show you parking/ and leaving without a child ? Who is to say that whilst you entered without a child, you were there to pickup your partner and child and left with them.  

LDast

Why did the driver park in that bay? Either way, the NtK is not PoFA compliant and so, only the unknown driver can be liable. The known keeper is under no legal obligation to identify the unknown driver and should not do so, inadvertently or otherwise.

So, once you've exhausted Plan A and before the 5th August, you should send the following (verbatim) as your Plan B appeal:

This is an appeal by the registered keeper - I am not obliged to identify the driver and I decline to do so. Please do NOT try the trick of asking for driver details in order to get around the fact that you are unable to transfer the driver’s liability (if any) to me because you have chosen not to issue a PCN that complies with Schedule 4 to the Protection of Freedoms Act 2012 (PoFA).

As there is no keeper liability, therefore, liability cannot flow from the driver to the keeper and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.

nbamaster

This is the back of the charge notice.

Sorry, I don't think I'm understanding - what do I need to complain to TESCO about?
As far as I'm aware, they don't have my pictures, and they only took photos of my car being parked there. I don't think they've got any proof to confirm, that I was by myself (with no children present).

EDIT: I've checked their website and they've got 4 pictures of my empty car parked in the bay and the picture of the signage at the car park entrance (see 2nd pic)

Gr1pr

Stick with a template appeal to Horizon as detailed above, from the keeper to Horizon, because you have no liability as keeper , no blabbing about who was driving or about the incident itself 

The complaint to Tesco is due to receiving a PCN in the post , despite being a genuine customer, no admissions about if you had children or not, indignation about genuine shopper's who should be able to peacefully go about their business 

LDast

There is no proof. You are being scammed. You can complain to Tesco and anyone else you care to. However, the easiest way to get this cancelled is the wording I provided earlier.

If you are a fighter and refuse to be conned by these ex-clamper scammers, then by all means, carry on but the advice on how to get rid of this monkey on your back, for now, is the appeal as the keeper.

Coupon-mad

Don't bother with the complaint.

The appeal will work easily of course (as you already read in the NEWBIES FAQS thread, Horizon can't hold registered keepers liable).  Easy peasy one.