Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: BeemerDriver on April 18, 2024, 01:41:05 pm

Title: Re: Horizon PCN - appeal failed?
Post by: b789 on April 19, 2024, 09:31:38 am
Quote from: DWMB2 on April 19, 2024, 08:37:58 am
As we (the creditor) do not know the driver's name or current postal address, you are now invited to either pay the charge, or if you were not the driver at the time, please provide us with the driver's full name and current postal address using the contact details overleaf, within 28 days and pass this notice on to them.

I could see a POPLA adjudicator ruling that compliant.

It does seem that Horizon are making an effort, unlike previously, and in cases where the recipient has less of a meritorious defence than this one, might be less of a pushover than in the past.

Ah, yes. I missed that. As you say, it is therefore PoFA compliant with the wording. It is just the dates that need to be checked. Also, signage is a possible point in that they must prove that their signage adequately brings to the attention of the driver the charge.
Title: Re: Horizon PCN - appeal failed?
Post by: BeemerDriver on April 19, 2024, 08:56:33 am
Once I've had confirmation of cancellation I'll post the less redacted version.  As to the PoFA wording compliance, could you explain that for me and others coming after ?  I had a read of the legislation which says

"The notice must state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or"

And the notice I received ( says that on the third paragraph of the current attachment ) has verbiage along those lines?
Title: Re: Horizon PCN - appeal failed?
Post by: DWMB2 on April 19, 2024, 08:37:58 am
As we (the creditor) do not know the driver's name or current postal address, you are now invited to either pay the charge, or if you were not the driver at the time, please provide us with the driver's full name and current postal address using the contact details overleaf, within 28 days and pass this notice on to them.

I could see a POPLA adjudicator ruling that compliant.

It does seem that Horizon are making an effort, unlike previously, and in cases where the recipient has less of a meritorious defence than this one, might be less of a pushover than in the past.
Title: Re: Horizon PCN - appeal failed?
Post by: b789 on April 19, 2024, 12:45:37 am
The PoFA wording is not compliant. It is an attempt to use PoFA to hold the keeper liable but it fails on PoFA 9(2)(e)(i). Unless it is stated on the back, we can’t be sure but I would hazard a guess that it doesn’t include the invitation for the keeper to pay the charge.

Without seeing the dates, there is no way of checking whether the NtK was issued within the “relevant period”.
Title: Re: Horizon PCN - appeal failed?
Post by: DWMB2 on April 18, 2024, 08:22:06 pm
Glad to hear "Plan A" seems to have worked.

It'd be useful to see the back of the PCN too, more for the benefit of others... It would seem Horizon have updated their templates.
Title: Re: Horizon PCN - appeal failed?
Post by: BeemerDriver on April 18, 2024, 08:12:52 pm
I’ll post a less redacted image soon.

After Horizon confirm the PCN is cancelled at the request of the venue operator … that avenue worked :)
Title: Re: Horizon PCN - appeal failed?
Post by: DWMB2 on April 18, 2024, 04:38:26 pm
Gosh, are Horizon finally getting their house in order and trying to comply with PoFA?

You have redacted a tad too much info from that notice, we could do with seeing all of the relevant dates and times on the notice - it would also be potentially useful to see the photos on the notice, with your vehicle reg suitably redacted.

Further, it would be useful to see photos of the signage at the site, both its layout, and close-ups showing the terms and conditions.

In the meantime keep on at the landowner to get them to intervene.
Title: Horizon PCN - appeal failed?
Post by: BeemerDriver on April 18, 2024, 01:41:05 pm
Got a charge notice from Horizon ( attached below ).

I appealed - using some research I used the text in https://www.ftla.uk/private-parking-tickets/horizon-parking/msg1511/#msg1511 ( second one, I thin, but can't find a record ).

Appeal rejected ( see below ).  In the original PCN there's verbiage about keeper so I guess I'm knackered on this front?

Also the venue I was visiting apparently has a device to register the VRN, but there were no staff when I arrived and the device wasn't apparent.  I've asked them ( with supporting evidence of purchase ) to get the PCN cancelled but have not heard back yet.

Any other options open to me ?  Long targeted appeal to POPLA?  Ignore?

Here's the email from Horizon today:

Parking Charge Notice Reference   PCN ref
Vehicle Registration Number      VRN
Breach of Terms and Conditions    Exceeded Maximum Stay Period
Date and Time of Breach   <end of March 2024>
Location Name   <location>
POPLA Code      <POPLA code>
Date of this Correspondence    w/c 15th April
 

 w/c 15th April 2024

 

Dear Appellant,

 

Parking Charge Notice:<PCN ref>

Thank you for your recent correspondence concerning the above referenced Parking Charge Notice.

 Review of your Appeal

The Parking Charge Notice was issued lawfully and in full and proper accordance with the Code of Practice issued by the British Parking Association (the ‘BPA’).

There are signs located at the entrance to, and within the car park that state the terms and conditions that apply when parking.

One of the terms and conditions is that vehicles must not exceed the maximum stay period allowed As this vehicle was found to be parked longer than the maximum period allowed, a Parking Charge Notice was correctly issued.

The signs throughout the car park are clear and comply fully with the BPA’s prescribed rules and regulations.  When parking on private land, it is the driver’s responsibility to ensure they adhere to the terms and conditions of the car park concerned.

As we have not been provided with the name and a serviceable address for the driver/hirer, under Schedule 4 of the Protection of Freedoms Act 2012, we do have the right, subject to meeting the requirements of the Act, to recover from the Registered Keeper the amount that remains outstanding. We have obtained the name and address of the registered keeper of the vehicle from the DVLA for the purposes of enforcing this charge.

Given the above, and whilst we have considered your representations carefully, on this occasion your appeal has been rejected.

The Charge Amount and Methods of Payment

In good faith, Horizon will hold the charge at the current amount of £51.00  for a further 14 days from the date of this correspondence to allow you further time to pay.

Payment of the outstanding charge can be made using our 24-hour payment line: 020 8106 0789 or online at https://horizonparking.co.uk/pay-parking-charge-notice/

Alternatively, payment can be made via cheque made payable to Horizon Parking Ltd and posted to Horizon Parking Ltd, Finitor House, 2 Hanbury Road Chelmsford, Essex CM1 3AE

Additional Types of Appeal

You have now reached the end of our appeals procedure.  Although we have rejected your appeal, the Parking On Private Land Appeals (POPLA) provides an independent appeals service. To use this service, you must appeal to POPLA within 28 days of the date of this correspondence.

For full instructions of how to appeal to POPLA, please visit their website at www.popla.co.uk. If you would rather progress this matter by post, please contact our Appeals Office and we will send you the necessary paperwork.

Your POPLA reference number is <reference>

Please be advised that if you elect  for independent arbitration of your case, you will be required  to pay the charge at the full amount and as such will no longer qualify for payment at the reduced rate. Please also be advised that POPLA will not accept an appeal where payment is made against the Parking Charge Notice in question.

We are required by law  to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal;  however ,  Horizon has not chosen to participate in their alternative dispute resolution service.  As such, should you wish to appeal then you must do so to POPLA as explained above.

Yours sincerely,

 [attach=1]

[attachment deleted by admin]