Horizon PCN - 5 mins stay in parent/child bay - Tesco extra Hamilton Leicester - Final Reminder Letter Only

[lookinforinfo]

 

No don't write to Horizon telling them that you did not receive the first PCN. They already know.

But do send them an sar .

 

That way  you should find out where the original PCN went and we can see if it was compliant.

 

After  you have received the original PCN then it would be a good idea to write to Tesco.

 

Hopefully Horizon will have made mistakes on the PCN which might help Tesco to cancel the ticket

[lookinforinfo]

 

Lots of uncertainties about whether to contact Horizon for an sar or Tesco. 

 

My suggestion to contact Tesco was after finding out if the original PCN was non compliant.  Most of the ones I have checked in the past have been for several different reasons. That means that the liability for the alleged debt cannot be transferred to the keeper.

 

Once it is confirmed that the PCN is non compliant the OP can write to Tesco as the keeper pointing out that as the keeper he has no responsibility for the debt and has been denied the facility of appealing to POPLA because of the NTK not being received  at all. POPLA may well have cancelled on appeal because of no keeper liability. 

 

In addition  the stoppage in the car park was for less than the consideration period. The keeper could then add if it was true, that the driver was an infrequent patron of this particular car park and the keeper will ensure that a similar occurrence does not happen in the future.

 

One could point out that if the camera operator had thought that they had not observed any children in the car, from the Court's point of view they would have expected the operator to have attempted to mitigate the situation by explaining to the driver that they should either move the car to avoid a ticket or explain where the children were [ref. Jopson v Homeguard].

 

Then perhaps it could have  been explained that the wife and children were dropped off at the entrance or the children and their mother were already in the store and the driver was there to collect them.

 

[They should also have issued a windscreen ticket since they were in the vicinity but of course that would have meant that they would have had to wait several weeks longer to be paid. It is a practice frowned upon but overused by greedy  car parking companies].

 

The above paragraph obviates the need to  admit parking wrongly and suggesting possible  reasons for parking there without admitting that either scenario actually happened.

 

 

 

[lookinforinfo]

DX  I am not sure what sending an sar to Horizon would alert them to. Obviously if the NTK was sent to the wrong address Horizon would realise why the SAR was sent. But if the NTK was correctly addressed so  then it was either lost in the post or misdirected, Horizon would not know why the sar was called for.

Nevertheless they are duty bound to send the info requested. And as Horizon usually send out non compliant PCNs then the OP need not be so concerned about paying it and only has to prevent Horizon from knowing who was driving.