guilty of not noticing the signs at midnight

kryten3000

No parking means there's no offer of a contract you can accept.

If the sign said "parking while the store is closed is £100 per session" that would be different, but that's not what the signs say.  

juehankie

juehankie said:

GrumpyDil said:

Please stop using the word guilty as that is completely irrelevant and meaningless in this context and using it gives more legitimacy to the PCN than is merited.

Given this looks like a multi store site the car park will not belong to Asda but the site landlord so whilst you were trying to visit Asda, the fact it was closed is also pretty much irrelevant in itself.

That PCN says unauthorised parking so on what basis was it unauthorised - the PCN should provide enough information for you to understand the basis on which they are claiming you agreed to pay the charge in order for you to know what grounds you could appeal on.

You do need to try and understand the guides though as they will help you make sense of this all.

That PCN says unauthorised parking so on what basis was it unauthorised 

says no parking when store shut. 
i parked. 

You do need to try and understand the guides though as they will help you make sense of this all......

 eh?

i feel like i read the guides but dont see any "stories" like mine. 

i feel other peoples stories are they paid/ and could prove it. 

 they didnt see signs. ( i didnt, but wasnt looking) they are there.

they say its a unfair disproportionate amount to charge.. > then some posts say this cant be argued any more. 

sign states no parking when store shut. or i will be invoiced.

ive appealed to say i thought 24 hrs. it wasnt . i sorted tyre. i left. ofcourse they will say appeal not allowed. so ...

bpa say horizon dont debt collect.
what does that mean for me?

 (actually isnt me at all.. its all on behalf of my son who is dyslexic and wouldnt have understood signs.. even he said ..after going back.. he thought  those times were when he could park. he was getting painkillers for his disabled brother. who does have a blue badge. )

juehankie

kryten3000 said:

No parking means there's no offer of a contract you can accept.

If the sign said "parking while the store is closed is £100 per session" that would be different, but that's not what the signs say.  

can you help me to word this in a letter of appeal?

juehankie

fisherjim said:

Well they have me confused too:

is this genuine or sarcasm? google says open 24 hrs. the big sign 24 hours. it was midnight. i could have read it. i didnt. 

juehankie

GrumpyDil said:

I'm assuming OP was there on a Saturday night after the store had closed. 

the time and date are shown on the picture

Coupon-mad

So your son entered on a Sunday night when all large supermarkets are always closed (by law) ... but that's not important.

I clearly advised NOT to pay. There's no dilemma here. And I advised to use the usual template appeal. Just do that as keeper. They'll reject it.

You will then do POPLA stage, citing 'no keeper liability' and Horizon will fold (because they still do, even though their NTK wording is now POFA compliant).

No need to ask why. They just do.

Looks like you've overlooked the very first Q&A in the NEWBIES thread, which says:

FAQS FIRST. NO THREAD IS NEEDED IF YOUR QUESTIONS ARE:

Q - ''I have read the NEWBIES thread but cannot find anything specific to my case...my case is different''.  

A -  NO IT ISN'T. YOU DO NOT NEED SPECIFICS. FORGET THE DETAIL, MOST CASES ARE ALL THE SAME.

1505grandad

Can you please clear up who the correspondence is actually addressed to and what capacity (i.e. has a Notice to Keeper been issued   -  to whom):-

"(actually isnt me at all.. its all on behalf of my son who is dyslexic and wouldnt have understood signs.. even he said ..after going back.. he thought  those times were when he could park. he was getting painkillers for his disabled brother. who does have a blue badge. )"

juehankie

1505grandad said:

Can you please clear up who the correspondence is actually addressed to and what capacity (i.e. has a Notice to Keeper been issued   -  to whom):-

"(actually isnt me at all.. its all on behalf of my son who is dyslexic and wouldnt have understood signs.. even he said ..after going back.. he thought  those times were when he could park. he was getting painkillers for his disabled brother. who does have a blue badge. )"

charge to my son. 
i am asking on his behalf as he is at sea.
NTK mentioned on letter. as picture shows..
also added the picture of the sign

juehankie

Coupon-mad said:

So your son entered on a Sunday night when all large supermarkets are always closed (by law) ... but that's not important.

I clearly advised NOT to pay. There's no dilemma here. And I advised to use the usual template appeal. Just do that as keeper. They'll reject it.

You will then do POPLA stage, citing 'no keeper liability' and Horizon will fold (because they still do, even though their NTK wording is now POFA compliant).

No need to ask why. They just do.

Looks like you've overlooked the very first Q&A in the NEWBIES thread, which says:

FAQS FIRST. NO THREAD IS NEEDED IF YOUR QUESTIONS ARE:

Q - ''I have read the NEWBIES thread but cannot find anything specific to my case...my case is different''.  

A -  NO IT ISN'T. YOU DO NOT NEED SPECIFICS. FORGET THE DETAIL, MOST CASES ARE ALL THE SAME.

i did read the first Q& A and did feel the charge was different because he does agree he now realises he was parking out of the times shown. 

so expect an appeal to be rejected then tell popla simply "i dont want to pay?"

in your mind this may be as clear as "all requests to POPLA will  be upheld". but without knowing why he will be allowed not to pay its worrying. what is he NOT guilty of? are they not allowed to enforce a penalty/invoice?

juehankie

Coupon-mad said:

So your son entered on a Sunday night when all large supermarkets are always closed (by law) ... but that's not important.

I clearly advised NOT to pay. There's no dilemma here. And I advised to use the usual template appeal. Just do that as keeper. They'll reject it.

You will then do POPLA stage, citing 'no keeper liability' and Horizon will fold (because they still do, even though their NTK wording is now POFA compliant).

No need to ask why. They just do.

Looks like you've overlooked the very first Q&A in the NEWBIES thread, which says:

FAQS FIRST. NO THREAD IS NEEDED IF YOUR QUESTIONS ARE:

Q - ''I have read the NEWBIES thread but cannot find anything specific to my case...my case is different''.  

A -  NO IT ISN'T. YOU DO NOT NEED SPECIFICS. FORGET THE DETAIL, MOST CASES ARE ALL THE SAME.

So your son entered on a Sunday night when all large supermarkets are always closed (by law) ... but that's not important. 

he is 19
never shopped in his life
hahaha  you say this like he would know. 
googled where was open asda stated 24 hours . he turned up. 
honestly kids these days just about cope not being breast fed at 16!