1st appeal PoFA compliant to Horizon Tesco car park PCN

cappy182

Hi, hope somebody can help with my PCN appeal to Horizon.

Let me start by saying I'm a Tesco costumer at this supermarket but I overstayed 2 hours on one day because me and my partner went to other local shops and a restaurant closed by.

So I think that I can't even play the card of plan A mentioned in the newbies thread and ask the fine cancelled by Tesco costumers or managers.

So I was thinking that I could use other grounds in order to get my PCN cancelled from them on my first grade of appeal on their website.

I understood that my PCN is POFA compliant and I'm not sure if this template will work.

'I appeal as keeper.  I am not obliged to identify the driver and I decline to do so.

The operator can only pursue the keeper by complying with the strict requirements set out in Schedule 4 to the Protection of Freedoms Act 2012 (‘POFA’). Paragraph 9.(2) (f) states that a notice to keeper "must ...: warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i) the amount of the unpaid parking charges … has not been paid in full, and

(ii) the creditor does not know both the name of the driver and a current address for service for the driver,

...the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid."

The PCN does not comply with POFA because it states the 28 day period wrong by one day. This is fatal to your case. Cancel the 'PCN' or cough up a POPLA Code if you want to put yourselves to that time & expense..

What do you think I should do?

The PCN was issued on the 29th Jan and my 28 days are about to expire so need to submit this appeal Asap and maybe try to get at the Popla appeal?

is there any chance to win or I'm risking to go to court at the end?

thanks to everybody trying to help

Coupon-mad

Just ignore it, if it is POFA compliant. Which Tesco store?

cappy182

Leicester Superstore with ANPR system in place.

What do you mean just ignore it? Is the appeal and Popla useless for my case? Do I have to wait for their threating debit recover letters and fight in court?

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/81897880#Comment_81897880

Correct, thats the way it is, unless Tesco get it cancelled