Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: tiger666 on July 11, 2024, 02:39:22 pm

Title: Re: Parked out of Bay - Local Supermarket - Horizon
Post by: tiger666 on July 18, 2024, 11:36:33 am
Just received notification that the parking charge notice has been cancelled.  Many thanks for the advice.
Title: Re: Parked out of Bay - Local Supermarket - Horizon
Post by: b789 on July 12, 2024, 11:37:38 am
If you appeal online on their web site be careful if there are any drop down boxes asking who is appealing it is "the keeper" only.

... or "Other".
Title: Re: Parked out of Bay - Local Supermarket - Horizon
Post by: Dave65 on July 12, 2024, 10:19:27 am
If you appeal online on their web site be careful if there are any drop down boxes asking who is appealing it is "the keeper" only.
Title: Re: Parked out of Bay - Local Supermarket - Horizon
Post by: b789 on July 11, 2024, 06:06:37 pm
Doesn't make any difference. They have issued an NtK that is not PoFA compliant. Keep on with Plan A and send the appeal as the keeper as advised.

First thing we look at immediately is whether the dates are PoFA compliant. If they are, we then read the content to look for PoFA compliance.

The last paragraph of that NtK is the give-away that they have not bothered to comply with the requirements of PoFA:

(https://i.imgur.com/oljil7V.png)

As long as the known keeper does not identify the unknown driver, how do you think they can collect?
Title: Re: Parked out of Bay - Local Supermarket - Horizon
Post by: tiger666 on July 11, 2024, 05:56:35 pm
Thank you for your initial thoughts. I have uploaded a new 1st page with the dates showing.

https://imgur.com/a/8FeJwHT

Hope this helps you give any further guidance.

Thanks


Title: Re: Parked out of Bay - Local Supermarket - Horizon
Post by: b789 on July 11, 2024, 03:25:38 pm
Without showing dates and location, that picture is as useful as poke in the arm with a sharp stick. Please repost showing all dates and the location.

Have you tried Plan A yet? A complaint to the landowner/managing agent/supermarket where the driver was a patron?

However, the NtK is not PoFA compliant and so only the unknown driver can be liable for the charge, as long as the known keeper doesn't blab the unknown drivers identity, inadvertently or otherwise.

This can be killed off with the following appeal as the keeper and if not, POPLA will likely cancel it.

I appeal as keeper. I am not obliged to identify the driver and I decline to do so. You are unable to transfer the driver’s liability (if any) to me because you have not issued a Notice to Keeper (NtK) that complies with the requirements of Schedule 4 to the Protection of Freedoms Act 2012 (PoFA) and it is now too late for you to do so.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. Horizon have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN or waste your money and issue a POPLA code so they can order you to cancel it.
Title: Parked out of Bay - Local Supermarket - Horizon
Post by: tiger666 on July 11, 2024, 02:39:22 pm
Hi

As the registered keeper of the vehicle concerned, I have just received the following invoice from Horizon, please advise best way to deal with it. No correspondence has yet been entered into

https://imgur.com/a/GOa9fKw


Thanks