Is this Horizon parking charge PoFA compliant or not?

[pauljoecoe]

Been doing some reading on MSE parking forum but am finding it all a bit confusing. Lots of technical law stuff!

From what I can tell - I can refuse to tell them who the driver was if they do not follow the correct wording in PoFA paragraph 9.

The crux if the matter seems to be that in the PCN they state that they do not know who the driver is?

My Parking Charge Notice seems to ask me as the keeper to tell them who the driver is (if it's not me)

So - does anyone know -is this PoFA compliant or not? Is it worth just stating that I will not tell them (worded template available of MSE) or am on onto a loser with that approach?

Thanks in advance for any insights.

[pauljoecoe]

kestral said:

If the vehicle was parked outside the condition set out then pay the fee. That's the best advice you will receive, come back and see this post in six months time when you are asking about County Court claims.

Ah well - fortunately I didn't follow your advice. By the way there were extenuating circumstances that I did not post on here. Personally I think it was worth fighting as there are too many of these companies too keen to make money out of unsuspecting motorists. Even the government are looking into it. Too many motorists will just roll over and pay up.
https://www.gov.uk/government/calls-for-evidence/p...

I emailed CEO of Tesco ([e-mail]) and one of his minions has agreed to tell Horizon to cancel the charge.

Tesco CEO said:

Dear Mr *******
Thanks for getting in touch.
I was sorry to learn that you had received a parking charge notice for parking outwith the alloted parking spaces in our carpark. I can only imagine how frustrating and disappointing this must have been for you to receive this.
There are 12 signs in total at the entrance and throughout the carpark advising the terms and conditions of use of the carpark. I am sorry that these were not clear to you when you have been visiting the store.
As a gesture of goodwill, and as a one off to say sorry for your poor experience. I will now contact Horizon Parking and ask them to cancel the parking charge notice you were issued with. As the maintenance work will be ongoing for several more weeks, I would advise you to ensure that your vehicle is parked within the boundaries of the parking space to prevent this from happening again.
Kind regards

Fiona Kitching

I don't agree with the 12 signs. I saw 2. There may be more signs telling you to look for other signs.
I am disappointed they haven't said that the store will stop people parking here with barriers or a temporary sign as I fear many others will pay up.(There was a partial block on a whole row of spaces due to some work going on. No signs to say don't use the spaces but it was impossible to park in the within the lines)


Thanks for comments and info. I have learned though this process. I did pay up £40 a few years ago as I thought it was a fair cop when I parked for 5 hours while attending a theatre nearby a Tesco. That was when I thought Supermarkets had unlimited free parking. I have learned a few things now.

Another learning point. I have a motorhome and when on trips we often park in supermarkets outside of lines as we don't fit. Something to think about in the future.

Edited by pauljoecoe on Tuesday 16th April 09:46

[pauljoecoe]

James6112 said:

If you had bothered to outline the extenuating circumstances you would have got a better answer.
Give half the story, you can’t come back and whinge.
kestral was in the right, not you.

No whinging that I can see.

I missed out half the story as I was trying to keep it simple. I put the full story on MSE but just posed one question on here ...

'Is this Horizon parking charge PoFA compliant or not?' I wasn't interested in someone's view of whether I was in the right or not.

Kestral didn't answer my question he just did some self righteous preaching.

Edited by pauljoecoe on Tuesday 16th April 22:14

[pauljoecoe]

dundarach said:

Sounds like you invited agitation OP, then when you got some, got all shirty and uperty about it.

You must live in an exciting world :-)

Cheerio

Clearly more exciting than yours - bothering to post that at 7.50am in the morning.

Me - I'm excited that a top level Tesco person understood my situation and cancelled my 'charge'. Now trying to find out if I can still park my motorhome in Tesco car parks as that definitely doesn't fit in the lines!!!