If you were the driver of the vehicle at the time, please confirm your full name and full postal address and we can then respond to your query.
For heavens sake... a telephone conversation is not worth the paper it isn't written on! You must get everything in writing. You should email them and demand that they provide a copy of the email they say they sent on 9/12/24 and to include all the headers in order to prove that it was sent and to the correct email address.
In fact, just SAR Horizon. In the SAR point out that a simple copy of any email they claim to have sent to you must include the headers as evidence of having been sent.
Is this true or are you simply paraphrasing?Quote"She stated that it is a PoFA account and I have to name a driver. She said there is nothing I can do but speak to the enforcement agents at this point".
Their NtK is definitely NOT PoFA compliant and there is absolutely NO legal obligation on the Keeper to name the driver. I certainly hope you didn't blab the drivers identity by saying things like "I did this or that" instead of "The driver did this or that".
And have you checked your junk folder as advised a while ago?
"She stated that it is a PoFA account and I have to name a driver. She said there is nothing I can do but speak to the enforcement agents at this point".
How did you appeal? Did you chase up when you didn't receive a response within the time lines indicated in the Code of Practice? If not, get in touch and ask why they have not responded.
(And a perhaps obvious point, but check your spam folder if you haven't already)
they'll reject anyway, but you may as well have a bit of fun at their expense whilst getting your POPLA code.
Here is a suggested appeal to Horizon. It is derisory because because of their intellectual malnourishment by insisting to issue PCNs that consistently fail to fully comply with ALL the requirements of PoFA:QuoteSubject: Appeal of Parking Charge Notice (PCN) – Reference [PCN Reference Number]
Dear Horizon Parking Appeals Team,
I am writing to appeal the Parking Charge Notice issued on [Date] as the registered keeper of the vehicle [Vehicle Registration].
Your Notice to Keeper (NtK) purports to comply with the Protection of Freedoms Act 2012 (PoFA), yet fails to meet its requirements. The fact that Horizon claim PoFA compliance while drafting a notice that blatantly fails to meet the basic requirements of the Act only serves to highlight a case of severe intellectual malnourishment by whoever is responsible for the wording.
Allow me to point out to you why your NtK does not meet the requirements of Paragraph 9(2)(f) of Schedule 4 of PoFA:Your NtK states Keeper liability arises 28 days from the second working day after the date of the Parking Charge. This is wrong. Paragraph 9(2)(f) of PoFA specifies:"...the end of the period of 28 days beginning with the day after that on which the notice is given."
Let’s break it down into manageable chunks for you:• Parking Charge Date: 18th October 2024.
• Notice Given Date: 25th October 2024 (two working days after the issue date, as per your own wording).
• PoFA-Compliant Start Date: 26th October 2024.
• Correct Deadline: 22nd November 2024.
By using an earlier start date of 22nd October 2024, your NtK is therefore non-compliant.
As the registered keeper, I am under no legal obligation to identify the driver to Horizon, an unregulated private parking company. Your NtK can only hold the driver liable unless strict compliance with PoFA is achieved, which, as outlined above, it is not.
Your NtK cannot hold me liable as the Keeper. As Horizon cannot hold me liable, if there was any competence in the ranks of Horizon's appeals team, you’d already know that.
If you are struggling to understand why the NtK fails to comply with PoFA, might I suggest passing this appeal to someone at Horizon who possesses the intellectual capacity to grasp basic legal requirements? Assuming such a person exists, they may be able to save you from further embarrassment by cancelling this Parking Charge now.
Horizon's non-compliance with PoFA means this charge would fail at POPLA. I strongly urge you to save us both the time and effort by cancelling this Parking Charge immediately.
If you persist in this futile attempt to hold me liable, I require a detailed response addressing these points, along with a POPLA code so that I can have this non-PoFA compliant PCN formally overturned.
Subject: Appeal of Parking Charge Notice (PCN) – Reference [PCN Reference Number]
Dear Horizon Parking Appeals Team,
I am writing to appeal the Parking Charge Notice issued on [Date] as the registered keeper of the vehicle [Vehicle Registration].
Your Notice to Keeper (NtK) purports to comply with the Protection of Freedoms Act 2012 (PoFA), yet fails to meet its requirements. The fact that Horizon claim PoFA compliance while drafting a notice that blatantly fails to meet the basic requirements of the Act only serves to highlight a case of severe intellectual malnourishment by whoever is responsible for the wording.
Allow me to point out to you why your NtK does not meet the requirements of Paragraph 9(2)(f) of Schedule 4 of PoFA:Your NtK states Keeper liability arises 28 days from the second working day after the date of the Parking Charge. This is wrong. Paragraph 9(2)(f) of PoFA specifies:"...the end of the period of 28 days beginning with the day after that on which the notice is given."
Let’s break it down into manageable chunks for you:• Parking Charge Date: 18th October 2024.
• Notice Given Date: 25th October 2024 (two working days after the issue date, as per your own wording).
• PoFA-Compliant Start Date: 26th October 2024.
• Correct Deadline: 22nd November 2024.
By using an earlier start date of 22nd October 2024, your NtK is therefore non-compliant.
As the registered keeper, I am under no legal obligation to identify the driver to Horizon, an unregulated private parking company. Your NtK can only hold the driver liable unless strict compliance with PoFA is achieved, which, as outlined above, it is not.
Your NtK cannot hold me liable as the Keeper. As Horizon cannot hold me liable, if there was any competence in the ranks of Horizon's appeals team, you’d already know that.
If you are struggling to understand why the NtK fails to comply with PoFA, might I suggest passing this appeal to someone at Horizon who possesses the intellectual capacity to grasp basic legal requirements? Assuming such a person exists, they may be able to save you from further embarrassment by cancelling this Parking Charge now.
Horizon's non-compliance with PoFA means this charge would fail at POPLA. I strongly urge you to save us both the time and effort by cancelling this Parking Charge immediately.
If you persist in this futile attempt to hold me liable, I require a detailed response addressing these points, along with a POPLA code so that I can have this non-PoFA compliant PCN formally overturned.
We also need to see the back of that Notice to Keeper (NtK). Until we've see it, the most likely appeal will be as as the Keeper of the vehicle and there being no keeper liability because their NtK is not fully compliant with all the requirements of PoFA, they can go swivel on a sharp stick.
However, until we've seen the back, don't do anything else,