So what will happen if it get denied? My partner would like to knowIf they reject, you should be provided with a POPLA code, where a more thorough appeal will be submitted. If they do deny, my money would be on them withdrawing when they see your POPLA appeal that we'll support you to write. If they don't, it'll cost them £35 for a POPLA assessor to cancel the ticket for you.
If not the DVLA, then who?"the previous owner" according to their email.
The incomplete information supplied to us by a third party...
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of the Protection of Freedoms Act 2012 (PoFA), you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient.
Specifically:1. The wording on the back of your NtK incorrectly states: "If after 28 days we have not received full payment..." This is not compliant with PoFA 9(2)(f), which requires specific wording to inform the Keeper of their liability conditions.
2. You have reissued the NtK after a complaint, making it impossible for you to meet the strict PoFA deadlines for Keeper liability.
There will be no admission as to who was driving, and no inference or assumptions can be drawn. Horizon has relied on contract law allegations of breach against the driver only.
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, which you have failed to establish.
Horizon have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
How do I check to know if it has been cancelled?By waiting for a response! The email you sent them said you expected them to take action within 14 days, you can't then be surprised to not have received a response after just 6 days.
Subject: Formal Complaint and Data Breach Notice Regarding Parking Charge Notice (PCN)
PCN Reference: [Original PCN Number]
New PCN Reference: [New PCN Number]
Dear Mr Middleton,
I write to express my outrage at Horizon Parking's handling of the above-referenced Parking Charge Notice (PCN). Your actions demonstrate a blatant disregard for your legal obligations and a clear attempt to cover up your procedural failings.
Your recent response to my complaint is both misleading and dishonest. I am formally demanding an immediate cancellation of this PCN and compensation for the misuse of my personal data, in breach of the UK General Data Protection Regulation (GDPR). I will be making formal complaints to the British Parking Association (BPA), the DVLA, and the Information Commissioner’s Office (ICO) if this matter is not rectified without delay.
1. Horizon Parking’s False Claim Regarding My Address
You have falsely claimed that the Registered Keeper (me) provided you with an incomplete address. This is an outright lie. As the Registered Keeper, I certainly did not provide you with any address information. Your claim is not merely mendacious but outright untruthful, and it is clear evidence of Horizon Parking's attempts to cover up its own procedural failures.
The DVLA holds my full and correct address, including both the flat number and building number, and your failure to correctly use that information is entirely your responsibility. I have written confirmation from the DVLA that my details were provided accurately. The addressing error that caused significant delays and confusion is entirely Horizon Parking's fault. Your refusal to admit this error is disgraceful and shows a deliberate attempt to shift blame.
I demand that you:• Acknowledge that the addressing error was caused by Horizon Parking’s failure to properly handle DVLA-provided data.
• Confirm that the original Notice to Keeper (NtK) was sent to the incorrect address due to your error.
Your failure to accurately use data obtained from the DVLA is a serious breach of both the BPA Code of Practice and the Protection of Freedoms Act 2012 (PoFA).
2. Unlawful Issuance of a New PCN Reference
Your decision to issue a new PCN reference is a blatant abuse of process and entirely without legal basis. Any reissuance of the NtK must retain the original PCN reference number. Your actions indicate an attempt to reset the statutory timeline to hide your previous failures to comply with PoFA.
I demand a full explanation for:• Why a new PCN reference has been issued.
• Why the original PCN reference was not retained in any further correspondence.
This kind of procedural abuse is unacceptable and will form part of my formal complaints to the BPA and DVLA.
3. Misuse of My Personal Data – GDPR Breach
Your failure to use my correct address constitutes a breach of Article 5 of the UK GDPR, which requires personal data to be accurate and up to date. Your misuse of my data has caused significant distress and inconvenience.
I hereby demand compensation of £200 for this GDPR breach, covering the time, effort, and distress caused by your procedural failings.
If this matter is not resolved to my satisfaction, I will report Horizon Parking to the ICO for mishandling my personal data and I retain my right to sue for the compensation under the Data Protection Act 2018 should you not make payment.
4. Requirement for Immediate Resolution
I expect the following actions within 14 days:• Immediate cancellation of this PCN.
• A written apology acknowledging Horizon Parking’s procedural errors and false statements.
• Confirmation that my personal data has been rectified and the incorrect address erased.
• A compensation offer for the GDPR breach.
Failure to provide a full and satisfactory response will result in immediate escalation to the BPA, DVLA, and ICO. I will not tolerate further attempts to shirk responsibility or engage in procedural abuse.
Yours sincerely
[Your Full Name]
[Your Address]
[Your Contact Information]
Subject: Formal Complaint and Data Rectification Notice Regarding Parking Charge Notice (PCN)
PCN Reference: [Insert Reference Number]
Date of Issue: 31/07/2024
Dear Sir/Madam,
I am writing to formally complain about the handling of the above-referenced Parking Charge Notice (PCN) issued by Horizon Parking. This complaint also serves as a Data Rectification Notice under Article 16 of the UK General Data Protection Regulation (GDPR).
I outline my concerns below:
1. Incorrect Address on the Notice to Keeper (NtK)I have reason to believe that the original Notice to Keeper (NtK) was sent to an incomplete address, omitting the building number. As a result, I never received the NtK or any reminder notices. I only became aware of this parking charge upon finding a 'final reminder' letter by chance on the floor at the entrance to my building on 12/12/24.
My address is in a block of flats where the flat number (5) and the building number (5) often cause confusion. Horizon Parking appears to have used the flat number as the house number, which caused the letter to be misdelivered. The letter was not posted through my door but thrown on the floor in a communal area. The postman frequently confuses these two numbers, and we regularly receive incorrect deliveries as a result.
The DVLA holds my full and correct address, including both flat and building numbers. I have a letter from the DVLA confirming this. Horizon Parking’s failure to use the correct address when obtaining my details from the DVLA is a significant procedural error and breaches the requirements under the Protection of Freedoms Act 2012 (PoFA), which mandates that the Notice to Keeper must be properly served to the registered keeper.
2. Non-Compliance with the Protection of Freedoms Act 2012 (PoFA)The alleged contravention occurred on 21/07/2024, and the only notification I have received is a Final Reminder dated 09/12/2024, which I discovered by chance. I never received the original Notice to Keeper (NtK), and I suspect that it was not compliant with PoFA requirements.
Under PoFA, the Notice to Keeper must be properly served within 14 days of the alleged contravention, and it must contain specific wording to hold the registered keeper liable if the driver is not identified. I request that you provide a copy of the original NtK and confirm whether you are relying on PoFA to hold me liable as the registered keeper.
If the NtK does not comply with PoFA, then you cannot hold me liable as the keeper.
3. Denial of Fair Opportunity to AppealAfter discovering the final reminder letter on 12/12/24, I immediately sent an email to Horizon Parking explaining the situation and requesting an appeal. Despite this, your customer service team advised that my email would not be considered as an appeal. This is wholly unreasonable, especially given the addressing error that caused the Notice to Keeper to be undelivered.
It is unacceptable to deny me the opportunity to appeal due to your own procedural failures in addressing correspondence.
4. Unfair Escalation to Debt CollectionYour decision to involve a debt recovery agency (DRA) is unnecessary, inappropriate, and indicative of a strategy aimed at harassment rather than resolution. Debt recovery agents are not a party to any alleged contract, and their letters carry no legal weight.
I categorically reject any further contact from debt recovery agents. Engaging a DRA is a tactic that is widely recognised as exploitative, especially when procedural errors such as misaddressing correspondence are entirely your fault. I will not respond to any DRA, and I consider any further involvement of such agencies as evidence of Horizon Parking's unwillingness to handle this matter reasonably and fairly.
I warn you that continued reliance on a DRA, especially in light of your procedural failures, will strengthen my position should this matter escalate to a formal complaint with the British Parking Association (BPA), the DVLA, and the Information Commissioner’s Office (ICO). You are advised to desist from involving third-party agents and instead engage directly with me to resolve this matter.
Furthermore, pursuing debt collection in these circumstances is both unreasonable and in contravention of your obligations under your trade association's Code of Practice. I expect this complaint to be handled by Horizon Parking and not outsourced to any further third parties.
5. Data Rectification Notice (GDPR Article 16)I hereby require that you:1. Update your records with my correct address, as held by the DVLA. My correct address includes both my flat number and the building number.
2. Erase the incorrect address from your system to ensure compliance with the UK GDPR.
I require that this Data Rectification Notice be brought to the attention of your Data Protection Officer (DPO) and that you confirm in writing when the requested rectification has been implemented. Please ensure that your DPO handles this request in accordance with GDPR requirements.
As this constitutes a formal data rectification request under GDPR, you are legally required to respond and confirm that your records have been corrected and that the inaccurate data has been erased.
6. Requirement for ResolutionIn light of the significant procedural errors and non-compliance issues outlined above, I require that you:• Cancel this Parking Charge Notice immediately.
• Confirm that your records have been updated with the correct address and that the incorrect address has been erased.
• Provide a copy of the original NtK, including confirmation of whether you are relying on PoFA to pursue this charge.
If this matter is not satisfactorily resolved, I will escalate my complaint to the British Parking Association (BPA), the DVLA, and the Information Commissioner’s Office (ICO) for breaches of GDPR and unfair handling of my personal data.
I trust that you will handle this matter fairly and in accordance with your obligations under the relevant regulations.
Yours sincerely,
[Your Name]
[Your Address]
[Your Contact Information]