Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: lc56 on September 23, 2024, 12:48:32 pm
-
I used this exact same template but the appeal was rejected. Their response copied below exactly. Any advice would be appreciated.
Not sure which "exact same template" is being referred to but was your Horizon NtK one of the PoFA ones or a non-PoFA one?
-
I have split this into a new topic in line with rule #2 of the House Rules (https://www.ftla.uk/announcements/house-rules/):
2. Do not hijack another person's thread in order to post your own problem. Start your own.
To help us to help you, please read the following thread and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
The notice you received will be particularly important.
Have you contacted Asda and asked them to cancel the charge? If not, this should be a first step.
-
Hi,
I used this exact same template but the appeal was rejected. Their response copied below exactly. Any advice would be appreciated. Thank you.
(Oh, a bit of extra context, the reason we over stayed in the car park was due to an Asda till fault. All of the tills were down temporarily and it was chaos in the shop. I might have led with that in my appeal so wonder if I have messed things up now.).
Dear Appellant,
Parking Charge:
Thank you for your recent correspondence concerning the above referenced Parking Charge.
Review of your Appeal
The Parking Charge was issued lawfully and in full and proper accordance with the Private Parking Sector Single 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 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 £42.00 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
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 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,