Tesco Hove - Horizon Parking, Reminder letter

Wanderlustx

Hello! 

Apologies if this has already been covered, but I'd like to have your advice regarding a parking charge notice my mum received.

On the 24th October, she received a "Notice to Keep Reminder" from Horizon Parking Ltd., dated 21st October. The notice claims that she failed to validate her receipt during her stay at Tesco Hove on 3rd September. However, she was unaware of  this new policy requiring her to validate her receipt, and she does not even remember going to Tesco on that day, nor she had received any previous letters about this.

I checked her mobile bank account for any transactions at Tesco on that date, but there are no records of any payments. Additionally, she has a parking permit for the area, so she doesn’t typically need to park there to shop or walk around, especially at that particular time of the day, when the shops in Church Road are shut. She often goes there to use the recycling bins, and this could have been the case.

The photos provided with the notice show the car entry time as 18:58 and the exit time as 20:13. However, the second photo showing the exit time is so dark that it's almost impossible to make out any details. The registration number is barely visible, you can only see the front lights lit, but nothing else is clear. It’s difficult to even tell where the car is located in the photo, making it very hard to verify the claim.

I visited Tesco last night (I don’t live in Hove) to check for any signage about the validation policy, but I had trouble myself finding clear signs. It's a kind of (sad) relief reading that the matter has already been highlighted.

My mum suffers from depression and anxiety, which sometimes affects her memory and attention. A friend suggested she might consider applying for a Blue Badge, but she would never pursue that option.

Before paying the £70 charge, I would like to appeal. I’ve read through the "newbie" section and will try to use that as a guide for the appeal process. My question is: Should I mention that she did not receive any communication before this reminder?

Thank you for your time and advice. I’ve read many complaints about these companies, and I wonder how they are allow to act like that?!  I can understand that there should be a time limit for parking, but this feels like a scam. Also, why do supermarkets of the same brand apply different policies, or don't make it more clear when they change? Is it fair that people have to feel nervous going shopping, constantly worrying about missing a sign or forgetting to validate their car? It seems like an unreasonable system that only leads to stress for shoppers. 

Thank you for your commitment to helping people in situations like this.

Brie

Don't pay. 

Step one is to go to Tescos and ask them to cancel the PCN.  Normally one would show proof of purchase but on this occasion I would suggest just saying no proof is available with the assumption being she paid cash.  

If that doesn't work there will likely be an escalation of threatening letters (warning mom might limit her anxiety about it) up to the point of issuing a court claim which she would have to defend. This would be based on the fact that the policy was not highlighted to any customers to Tesco and that the signs were insufficient and didn't constitute a contract.  There are templates available for when that point is reached.  After that the court date will be cancelled and the PCN withdrawn.  Case closed.  But come back for more advice as things progress.

FirstandLast

Hi Mate, I had a similar experience a couple of years ago. I had a letter from a parking highwayman for over staying my welcome at an Asda store in Cumbria, they had the correct registration number, make and model for my car but had the colour slightly wrong. My car was dark grey, they said it was silver. I had to laugh, I couldn't live further from Cumbria, I live in West Cornwall! My initial fear was that my registration number had been cloned, so I rang the police. The advice given was, DO NOT ANSWER ANY OF THE LETTERS. In doing so the parking company knows that you are a real person and will pursue you relentlessly. I could prove that I was not that I was not responsible for the parking offence, with a paper trail as long as my arm for the day in question. As the letters from the parking company became more threatening, I was looking forward to going to court just to  make them look stupid, and claim expenses for the privilege. However after a few months the letters stopped coming. So if you Mum doesn't recall being there, they have no evidence apart from a photograph that doesn't show your registration number. 

Wanderlustx

Thank you so much for your replies, I'm not able to go to Tesco myself, but will instruct my Mum to do so!

Ralph-y

tesco  online / CEO ... but be warned tesco are not the best for helping customers 

James_Poisson

Wanderlustx said:

However, she was unaware of  this new policy requiring her to validate her receipt,..........

When was this "new policy" introduced, parking companies need to put up additional signage for four months to inform of this, during which time they should not be issuing charges.

Signage must be clear as to how the validation is done.

Repeater signs about the "material change" must be installed.

She should find out from Tesco's when this change happened and quote the joint COP:

3.1.3

NOTE 4: Where the terms and conditions require the driver to do something off site, such
as input their vehicle registration mark inside a pub or restaurant, the sign should make
clear how this is to be done.

3.4. Material changes – notices

Where there is any material change to any pre-existing terms and conditions that would not

be immediately apparent to a driver entering controlled land that is or has been open for
public parking, the parking operator must place additional (temporary) notices at the site
entrance for a period of not less than 4 months from the date of the change making it clear
that new terms and conditions/charges apply, such that regular visitors who might be
familiar with the old terms do not inadvertently incur parking charges

@Coupon-mad will no doubt be along soon with some local intel on this site though

Wanderlustx

Thank you all again for your help! 

A quick update: yesterday my Mum went to Tesco and asked to talk to the manager, but a young guy at the desk told her he was unavailable. He seemed well aware of the situation and offered to scan her club card and in no time produced a receipt for the day and time of the alleged breach! So I have just filed the appeal according to the template and suggestions I found here, I can't thank you enough, whatever the outcome, people just need re-assurance sometimes to not fall into scams or, worse, feeling guilty for no reason! That's absolutely unfair especially when there is not one single valid reason to breach any term of a contract! Why should anyone fail to "validate" if this does not even involve paying a single penny? And why should anyone feel guilty of something they never did? I have read about people with a blue badge receiving a ticket! Or families fined because "overstaying" while unloading a pram from their car! This is just crazy and wonder if those parking enforcers can sleep at night..

PS: My mum parked on the street to go and try to talk to the manager.. just in case..