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Live cases legal advice => Private parking tickets => Topic started by: PCN_Throwaway on April 08, 2024, 11:20:31 am

Title: Re: Horizon PCN - Millennium Way Retail Park
Post by: PCN_Throwaway on April 12, 2024, 08:58:08 am
Hi DWMB2,

Thank you! I did appeal, but included similar to what you wrote above (worried about time, probably what Horizon intend, pressure!). Good to have the confirmation that I was on the right track! Will hopefully see shortly,

Thanks again!


[edit]

Appeal worked, fine... sorry, charge... charge cancelled.
Title: Re: Horizon PCN - Millennium Way Retail Park
Post by: DWMB2 on April 11, 2024, 09:01:35 pm
I'm currently away on holiday so haven't studied the post in great detail, but Horizon make no attempt to hold the registered keeper liable. So, assuming are the registered keeper, you could appeal as the registered keeper (being careful to not reveal, via any tick boxes etc on the online form, who was driving), along the lines of the below:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge.

I am appealing this notice on the grounds that I have no liability for this matter as the registered keeper of the vehicle.

I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. As I have no liability for this charge, I look forward to your confirmation that my appeal has been accepted and you will not be seeking to recover this charge from me.

Yours

An appeal along these lines generally leads to a swift cancellation. Your other point around planning permission are potentially over complicating matters. If the landowner is allowing Horizon to act in breach of planning permission, that's probably a dispute between the landowner and the local council.
Title: Re: Horizon PCN - Millennium Way Retail Park
Post by: b789 on April 08, 2024, 07:01:04 pm
I haven’t had time yet to check the NtK. However, if you are referring to whether it is PoFA compliant with regards to the dates, the NtK must be “deemed” to have been served within 14 days of the alleged contravention.

The date of the contravention is day zero. Whatever date is postmarked on the envelope or the date of issue of the NtK is the date of “sending”. If by first class mail, it is “deemed” to have been served two working days after that date. Unless you can evidence that it was actually delivered more than two days after the date it was sent, good luck.
Title: Horizon PCN - Millennium Way Retail Park
Post by: PCN_Throwaway on April 08, 2024, 11:20:31 am
Hello Dear Legal Friends. I'm hoping you can offer a little help on an appeal for a PNC for parking at Millennium Retail Park - we were visiting Ikea Greenwich in London. The PCN is identical to https://imgur.com/a/3i0AZvv for overstaying on a visit.

I'm not planning to dispute the overstay. Couple bits of extra infoThe "Notice Issue Date" is 2nd April, but only received today, 8th April. We parked on 24th March. We did shop and make a couple of purchases at Ikea during the day adding up to over £100 - I have receipts for some of this. This is the first time I've ever parked at the location.


So far, I have written up the following, but could do with a little guidence:
________________________________________


Firstly, this Parking Charge is in breach of Planning Application & Car park management plan for the site:

https://planning.royalgreenwich.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=_GRNW_DCAPR_97196

https://planning.royalgreenwich.gov.uk/online-applications/files/D6310187B8A540CEE37DA5953CADD877/pdf/19_0109_I106-CAR_PARK_MANAGEMENT_PLAN-588485.pdf

14. Vehicles that overstay will subsequently receive a warning letter through the post informing them that they have exceeded the five hour parking restriction.
15. Vehicles that ignore the initial warning letter and subsequently reoffend will be issued with a parking charge notice (PCN) through the post.

No warning letter has ever been received, in breach of point 14 as noted above.


Secondly, this was a legitimate shopping trip to IKEA, please see attached receipt. This also is covered by point 11 of the Car Park Management Plan:

11. There may also be some one-off exemptions for customers of the retail park. An example of this in relation to IKEA is when a customer spends the day in store working on a kitchen design with a co-worker. This would need to be signed off in store by the co-worker and therefore could not be a method for abusing the system by commuters.

Please note that there is no clear information onsite regarding the sign off.

Finally, this PCN was issued a full 9 days after I parked, and only received on the 8th April, 15 days after.