Tesco Parking Charge

danhen7 · 4 September at 3:25PM

Hi

I have received PCN from Horizon Parking for parking in a Tesco car park outside of store opening hours. Purpose of the parking was to use the EV charger in this car park. Driver did not see the signs indicating that car park was closed outside of store opening hours.

I have appealed through the Horizon website using the template response.

Horizon have rejected the appeal and sent the below response.

I am likely to get these parking charge overturned? What would be the next step in the appeal process?

Thanks!

Horizon response:

Dear Appellant,

Parking Charge:********

Thank you for your recent correspondence concerning the above referenced Parking Charge.

Review of your Appeal

The Parking Charge was issued lawfully and in full and proper accordance with the Private Parking Sector Single Code of Practice issued by the British Parking Association (the ‘BPA’).

There are signs located at the entrance to, and within the car park that state the terms and conditions that apply when parking.

One of the terms and conditions is that vehicles must not exceed the maximum stay period allowed. As this vehicle was found to be parked longer than the maximum period allowed, a Parking Charge was correctly issued.

The signs throughout the car park are clear and comply fully with the BPA’s prescribed rules and regulations. When parking on private land, it is the driver’s responsibility to ensure they adhere to the terms and conditions of the car park concerned.

As we have not been provided with the name and a serviceable address for the driver/hirer, under Schedule 4 of the Protection of Freedoms Act 2012, we do have the right, subject to meeting the requirements of the Act, to recover from the Registered Keeper the amount that remains outstanding. We have obtained the name and address of the registered keeper of the vehicle from the DVLA for the purposes of enforcing this charge.

If parking cannot be made without breaching the terms and conditions of the car park, alternative parking arrangements must be sought or motorists will be issued with a Parking Charge as per the car park terms stated on the signage on site.

Given the above, and whilst we have considered your representations carefully, on this occasion your appeal has been rejected.

The Charge Amount and Methods of Payment

In good faith, Horizon will hold the charge at the current amount of £40.00 for a further 14 days from the date of this correspondence to allow you further time to pay.

Payment of the outstanding charge can be made using our 24-hour payment line: 020 8106 0789 or online at *********

Alternatively, payment can be made via cheque made payable to Horizon Parking Ltd and posted to Horizon Parking Ltd, Finitor House, 2 Hanbury Road Chelmsford, Essex CM1 3AE

Additional Types of Appeal

If you have no evidence that you wish to submit to us then you have now reached the end of our appeals procedure. Although we have rejected your appeal, the Parking On Private Land Appeals (POPLA) provides an independent appeals service. To use this service, you must appeal to POPLA within 28 days of the date of this correspondence.

For full instructions of how to appeal to POPLA, please visit their website at ********. If you would rather progress this matter by post, please contact our Appeals Office and we will send you the necessary paperwork.

Your POPLA reference number is **********

Please be advised that if you elect for independent arbitration of your case, you will be required to pay the charge at the full amount and as such will no longer qualify for payment at the reduced rate. Please also be advised that POPLA will not accept an appeal where payment is made against the Parking Charge in question.

We are required by law to inform you that Ombudsman Services (*********) provides an alternative dispute resolution service that would be competent to deal with your appeal; however , Horizon has not chosen to participate in their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA as explained above.

Yours sincerely,

Car1980 · 4 September at 3:34PM

There isn't a genuine appeals process, as you've discovered (how would they stay in business if they allowed appeals?)

You could go to Popla, but it's hardly impartial.

If there are no signs around the chargers then there is no contract. And the onus is on them to make the notion that they don't want anyone to ever use their chargers outside store hours abundantly clear. If they is no barrier and the machines are on, illuminated and inviting people to charge then it's plainly ridiculous.

At the end of the day, county court is the best place to defend. So just wait for a court claim.