Horizon PCN - Tesco Exceeding maximum stay ANPR

beefturnmail

I have received a PCN from Horizon for "exceeding maximum stay period ANPR". I have received several private PCNs in the past but I have managed to get them cancelled as they have all been non-POFA compliant for varios reasons. However I believe this one is POFA compliant - the first such that I have received

I have complained to the Tesco CEO in the first instance - time between entry and exit is approx 2hrs 29mins, maximum stay at the car park was stated to be 2hrs - over £200 was spent in store and time in store was increased by long check-out queues due to a lack of staff.

If this is not successful and I need to appeal and\or go through POPLA - on what basis should I appeal?

Gr1pr

Why are you planning on an appeal ? As you say, what grounds are there for any appeal. ?

The Beavis overstay case laid down the basis for overstay

Plan A, a complaint, based on what you said above is the correct way to go, not a scattergun appeal

You should be strong arming tesco, as you mentioned above, Plan A ( not an appeal to Horizon or Popla. )

Car1980

Which Tesco?

MrJenkinsEsq

https://forums.moneysavingexpert.com/discussion/comment/82134017#Comment_82134017

I don't know how much water it would hold, nothing at appeal - a maaybe in a defence, but Tesco signs tend not to contain any promissory wording on the part of the driver. No, "you promise to not break the rules, " you promise to pay £x if you do".

Car1980

Really kick off at Tesco and be persistent. This is one of those situations where you wouldn't expect to be loading your £200 worth of shopping onto the conveyor belt and a paper bill for £70 to suddenly be ejected from a slot in the trolley handle. This is no less ridiculous.

beefturnmail

Well Tesco clearly couldn't care less, I emailed the executive complaints, framing the complain around poor customer experience, due to length queues etc compounded by the pcn. And they just fobbed me off and referred me to the Horizon appeals process -didn't even bother to address the points raised in the complaint. I pushed back again and get another fob off within 5 minutes. I have now found the email of Ken Murphy direct and will try that - I suspect it may just end up at Exec complaints again. Any suggestions about how else I can kick off at Tesco?

Re the appeal, I suppose I could try confusing/inadequate signing. There are large areas of the car park where the signs aren't visible -indeed I don't ever remember seeing one before I went back to check. There are also signs from Youparkingsapce saying you can pay for additional parking - an extra 30 minutes for example is £1.49, not £70. I wouldn't mind paying the £1.49 if they asked for it!

Le_Kirk

Dear Mr Murphy

Enough! I'm off to a supermarket that treats its customers with respect. You (well your team did) had your chance to retain me as a customer but now I (and my family and friends) will be taking our hard-earned money elsewhere.

MrJenkinsEsq

Send them your future weekly shopping receipts from Morrison's saying they're just one PCN cancellation from having you back 😂

Car1980

Are you using this email? ceo.customerservice@tesco.com

Also copy in Legal.uk@tesco.com

If they still don't budge you could try drawing their attention to this:

Frustrated Contracts Act 1943

And state as they are the cause of the frustrated contract you have the option of paying their subcontractor and then seeking recompense from Tesco PLC via MoneyClaim Online.

MrJenkinsEsq

The bar for frustration is high and likely wouldn't be met here. Performance was still possible, just slower than the driver hoped, and the driver could have left at any time. Queues at a supermarket are foreseeable, and foreseeable events don't frustrate. In any case the sign already says what happens if you overstay, so that's the contingency the contract provided for. Frustration fills gaps and there isn't one. There are plenty of arguments available, but not frustration.

MrJenkinsEsq

Fun fact, because facts are fun. The 1943 Act came out of a wartime case where an English firm was building machinery for a Polish buyer, the Germans occupied the port, and delivering became trading with the enemy. The contract was frustrated. The Lords let the buyer get its advance payment back, but the seller had already done most of the work and got nothing for it. Parliament stepped in the shortly after so courts could award a fair sum for expenses in that situation.

Fibrosa v Fairbairn [1943] AC 32