Horizon PCN - Tesco Exceeding maximum stay ANPR

Car1980

https://forums.moneysavingexpert.com/discussion/comment/82135990#Comment_82135990

So, what would amount to frustration?

A medical issue?
A car breakdown?

Where do you draw the line? Would a contract not be frustrated if a driver had a history of angina and had a heart attack because it was to some degree foreseeable?

Would a flat tyre be foreseeable if the tyre was old, but not if it was newly fitted the previous day?

Coupon-mad

"What's weighed is the operator's reason for charging, not the driver's reason for parking."

Can be though, when the court applies the mandatory CRA 2015 test of fairness.

Plus if it's a double dip, then the driver's reason for parking (twice) is completely relevant to the fact there was no breach.

The Supreme Court in Beavis said their decision only applied to that car park and those signs (they added a tweet to clarify) and that in private parking cases the penalty rule is engaged, but courts must consider all relevant circumstances.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82136247#Comment_82136247

Definitely do that.

The overall store manager can cancel PCNs, so don't get fobbed off by a 12 year old Duty Manager.

Are your transactions over an hour apart? Could even have been a different driver but certainly looks like a double dip.

Which Tesco?

@Nellymoser please count this one. 🙂

MrJenkinsEsq

https://forums.moneysavingexpert.com/discussion/comment/82140981#Comment_82140981

I think you're right, of course, my reply was blinkered to the frustration argument. There are always wider arguments to be had. I just don't think frustration is one of them, or at least rarely.

https://forums.moneysavingexpert.com/discussion/comment/82140979#Comment_82140979

For a known long term medical issue the primary argument is under the Equality Act, not frustration. The car can still be moved by someone else. Tyres can be changed or the car towed away.

A further problem is parking contracts already allocate risk for untimely departure. Overstaying is a specific breach with the charge as consequence.

I'm not saying there aren't defences for those facts. Just that frustration isn't one of them.

beefturnmail

OH who was also using the vehicle on the day, going to do the next weekly shop and complain in person armed with credit card statements and clubcard data, and if it fails walk out and go to Morrisons. Also lodged the "appeal" with Horizon

Meanwhile I applied for a credit card from Tesco Bank recently and they were a bit slow and uncommunicative - nothing major though and certainly would normally have left it.

However given the dismissive response from the Tesco CEO office, I thought I'd trump it up into a complaint. Wasn't really expecting anything, just thought I'd waste their time a bit, given how they're wasting mine. Anyway they've chucked £30 at me. Different arm of the business I know, and peanuts, but makes me feel slightly better 😂

beefturnmail

Transactions were about an 1h:10m apart. OH had no luck in store. Tesco claim they don't own the car park - Horizon do? I think this must be a lie

Nellymoser

Please name the site and location of this Tesco.

Gr1pr

Tesco might not , but Horizon ? Definitely not. ! Why do you believe that Tesco are the landowner ?

In which case complain about it to the actual landlord or landowner ( which Tesco or Morrissons is it. ? )

beefturnmail

Tesco Stores Ltd, Victoria Rd, Diss IP22 4JN - how would I find out who owns the car park?

GrannyKate

Horizon's own web pages only ever refer to managing 3700 car parks - they never say they own them.