Horizon Parking Charge Tesco: What to use?

Bluearmy999

Hi, I have looked through the Newbies and other bits as best as possible but would like to check I am doing this correctly please.  Apologies if too much info but want to check I’ve covered all steps.

Background:
Got Horizon Parking Charge through post for over stay at Tesco. Spent time with friends in an in store Costa. Messaged Costa but as they rent from Tesco they said try them. Contacted Tesco via WhatsApp and they say go to Horizon. Going to go back to Tesco first as regular shopper. Anyone in particular I should contact at Tesco? It’s not my usual branch so unable to drive over there.

So Horizon:
The Parking Charge looks like an updated one as shown below (taken off the forum). The comment on the original post says

“it’s late 2024 tries POFA but misstates the 28 day period”.

Could someone explain what that means please (or refer me to a relevant post) Also what section of the PCN is this referring to? Thanks.

Also I read this as the ‘go to’ wording to enter online at Horizon.

" 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 your NtK does not comply with 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." 

Does the updated form still not comply with PoFA for 28 day misstate as shown above so I can still use this with the new Horizon PCN?

But on further searching in the forum there is another whole template letter for guidance to potentially use ( newbie so wont let me put the MSE link). 

Which one should I use thanks?

I apologise again for the length of post but really want to get this right so I can be another successful forum member!!

many thanks

Gr1pr

The thread below explains the POFA error, including the Popla appeal to use if and when necessary 

https://forums.moneysavingexpert.com/discussion/6560681/driver-doesnt-want-to-pay-horizon-fine-but-registered-keeper-does#latest

You can appeal as keeper using that blue text template if you wish 

No blabbing about who was driving 

It seems to me that the exact location wasn't specifically addressed either. !  

ASDA Park Royal means nothing to me , no address or postcode , yet I bet they used yours on that NTK PCN letter 

Coupon-mad

We don't need to explain it because you can read about it on the thread linked above.

Bluearmy999

Coupon-mad said:

We don't need to explain it because you can read about it on the thread linked above.

Hi coupon-mad, I was originally going down this route which has been successful for loads:

" This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual trick of asking for …. etc etc

But due to the change in wording of the new Horizon notice I am guessing this route is now irrelevant to my appeal.

I've had a read of the andromeda24 thread linked above and his appeal was rejected. But are you suggesting that I should go through same steps using same wording as andromeda24? Therefore expecting possible rejection before going on to POPLA and using the 28 day wording misstated reasoning?

Gr1pr suggests using the template letter. I have messaged Tesco as was shopping there and stopped off in Costa, and been told to appeal and get back to them if it fails so template seems better option maybe?
tia…..

Bluearmy999

Gr1pr said:

The thread below explains the POFA error, including the Popla appeal to use if and when necessary 

https://forums.moneysavingexpert.com/discussion/6560681/driver-doesnt-want-to-pay-horizon-fine-but-registered-keeper-does#latest

You can appeal as keeper using that blue text template if you wish 

No blabbing about who was driving 

It seems to me that the exact location wasn't specifically addressed either. !  

ASDA Park Royal means nothing to me , no address or postcode , yet I bet they used yours on that NTK PCN letter 

Hi Gr1pr

thanks for that. As I was actually shopping and drinking coffee at an on site Costa I contacted Tesco who said go through the appeal and if unsuccessful go back to them. So if I use the template I know not to say I was driving but is it perfectly fair to show I was using the site facilities the whole time? Or am I setting myself up for a fall with the Parking Notice by confirming I was on site?

Tia

Gr1pr

Stick to the templates, the onus is on them to prove their case, so if the NTK is flawed due to the POFA error, use that silver bullet, the fact that you were a valid customer doesn't negate the alleged breach of the parking contract on that private property 

I doubt that they are lying with the alleged transgression, but if they have failed to implement the law properly then the case should die at Popla due to that legal flaw.  Surely you have seen news where court cases have failed on legal arguments that have nothing to do with the incident being examined. ?

Personally, I wouldn't waste 5 minutes thinking about it, I would follow the same path as the pathfinder in the thread I linked that you read, it really isn't worth worrying about 

Bluearmy999

cheers. Appreciate the quick response. I’ll do that

paulstevens64

You will not be stating who was driving will you? You may well have attended the shop - as the "keeper" of the car. The driver may well have been one of your friends/relatives etc etc. When writing your appeal, only add a minimal amount of additional info, and refer to yourself as the Keeper, and refer to whoever was driving, as the driver.

E.G. I am the Keeper of vehicle AB12XYZ. I have received a parking charge notice..........(explain your mitigation here),
On the day in question the Driver did see any signs restricting the time parking as a customer (or whatever you need to add).

Bluearmy999

paulstevens64 said:

You will not be stating who was driving will you? You may well have attended the shop - as the "keeper" of the car. The driver may well have been one of your friends/relatives etc etc. When writing your appeal, only add a minimal amount of additional info, and refer to yourself as the Keeper, and refer to whoever was driving, as the driver.

E.G. I am the Keeper of vehicle AB12XYZ. I have received a parking charge notice..........(explain your mitigation here),
On the day in question the Driver did see any signs restricting the time parking as a customer (or whatever you need to add).

Cheers. That’s a good way of putting it. That was what I was struggling with. Even though Horizon don’t care bout the detail I want it use that if I have to go back to Tesco. Tbh I was meeting a long lost friend at Costa and had never been there before so genuinely had no idea I’d gone over 😂😂 That’ll teach me!!

Gr1pr

The royal WE is sufficient too, where necessary 

We visited Tescos as valid customers , they driver did NOT see blah blah blah 

Bluearmy999

Gr1pr said:

The royal WE is sufficient too, where necessary 

We visited Tescos as valid customers , they driver did NOT see blah blah blah 

Hi all,

I have posted previously above about receiving PCN from Horizon for overstay in Tesco car park. As Horizon have updated their paperwork I am unsure about using the "still not comply with PoFA for 28 day misstated" response.

So I have used the template and come up with this. Any thoughts or advice please.

Also my initial 14 days from letter date runs out on Tuesday. As I am appealing is there any particular date I should respond on or just send this asap? Cheers all........ TIA

Ticket number: xxxxxx

Vehicle registration number: xxxxx

 

You issued me with a parking charge on 26th October 2024 but I believe it was unfairly issued. I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be paying your demand for payment for the following reasons:  

 

 

• Mitigating circumstances  

There are mitigating circumstances to explain why the vehicle was parked where it was and the charge be waived for this reason.  

 

As your own website shows, I can appeal due to “Shopping at the Time” 

 

Shopping at the time 

Please provide any documentary evidence, such as store receipts, loyalty card statement, bank statement for the date the Parking Charge was incurred, which you feel may support your appeal. 

 

We did a shop in the specified Tesco and then spent approximately 3 hours after meeting friends at the instore Costa Coffee Cafe as valid customers. 

 

Please see attached evidence as proof of claim. 

 

I have attached bank account transactions showing both the Tesco Shopping and Costa Coffee Cafe transactions. Please note they are both showing on bank account as 28/10/24 as transactions are not immediate.  

The next detailed screenshot confirms that we bought stuff at Costa Coffee on ‘26 Oct’ which is the date in question. 

 

I have also contacted Tesco directly to discuss this matter and I have attached 2 messages which confirm that they will assist me with the next phase of the appeal process if Horizon does not dismiss the charge. 

 

Also please note that this Tesco branch is not our usual one so we were concentrating on driving into an unfamiliar car park rather than focussing on the signage. We are law abiding citizens and we made an honest mistake and we are now fully aware of the parking restrictions. 

 

 

If you choose to pursue me please be aware that I will not enter into any further correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.  

 

Yours faithfully,