Horizon Parking Tesco's overstay

beckyboo11

Hi, Can somebody please advise me if this is a "NTK" or "NTD"? Can I ask if the words " Notice to Keeper/Driver" has to be stated on the notice?                                                                                I'm probably clutching at straws but I'd thought I'd ask. 
I did appeal  using the wording from another thread but it has been rejected and a POPLA appeal number has been supplied by Horizon.
From what I understand the Pofa wording is correct as shown on the reverse of the letter.
Is there any point in appealing to Popla?
For info, my wife did overstay in the car park so we are prepared to pay if needs be.
Any advise would be gratefully received

LDast

It's a Notice to Keeper (NtK). It's a poor attempt at PoFA compliance so do not appeal as anything but the keeper.

What have Tesco said about cancelling the PCN? Don't try the customer service in the store. Ideally start at the top of the management food chain with the CEO.

beckyboo11

 I am awaiting a reply from an email from CEO Ken Murphy, will update if & when I get a reply.
 thank you for your reply.

KeithP

Coincidently, also in a Tesco car park, I found that this appeal worked very well against a Horizon pcn earlier this year...

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

Fruitcake

I'm not sure why you would hide the location from us but leave the PCN number showing, but no, it is not PoFA compliant so you should try the appeal wording suggested by KeithP.

I suggest you compare the wording of the NTK with that of para 9.2.f of the PoFA to understand why the NTK fails PoFA and Horizon cannot therefore hold the keeper liable.

Coupon-mad

The 28 days is misstated at the top of page 2 and we are already testing a POPLA appeal that carefully argued that single point.  

Go find it and copy it. It was the other week.

beckyboo11

KeithP that was my wording when appealing and it was rejected.

Coupon-mad & Fruitcake is this the post that you are referring to?
 https://forums.moneysavingexpert.com/profile/Ineedhelp101   if so I have read the post but I believe the wording on my NTK is not the same and is worded correctly? I stand to be corrected. 
                                                                      I
thank you all for your reply's.

Coupon-mad

Your NTK certainly misstates the 28 days. 

beckyboo11

The penny has dropped, thanks.  will update once appealed.

beckyboo11

This is the reply I've received from Horizons to my appeal via Popla.                                                                                I have seven days to reply.........have I screwed up?
Thanks in advance for any help

Coupon-mad

No you obviously just quote what Schedule 4 actually says.

And if POPLA get it wrong, so what? You will never pay this.