Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: Foxy01 on March 26, 2025, 09:42:59 am

Title: Re: Horizon ticket (unable to appeal or pay)
Post by: Foxy01 on March 27, 2025, 09:21:33 am
GSV (https://www.google.com/maps/@51.5711629,-1.7776571,3a,60y,170.6h,90t/data=!3m7!1e1!3m5!1srlN8qnVoo3Bb1apa6pLHSg!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D0%26panoid%3DrlN8qnVoo3Bb1apa6pLHSg%26yaw%3D170.59693682582994!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI1MDMyNC4wIKXMDSoASAFQAw%3D%3D)
This is the entrance to the car park. I will try and get down at the weekend and get some pictures of signage.
Title: Re: Horizon ticket (unable to appeal or pay)
Post by: b789 on March 26, 2025, 05:15:56 pm
Well, that is the first PoFA compliant NtK I've ever seen from Horizon. Finally getting their act together.

They have still breached the PPSCoP because they only offer 28 days from the date of issue rather than from the sat of receipt to appeal, but that is not likely to convince POPLA unless you can lead the assessor by the nose to the breach and have them determine that that is enough to invalidate the PCN.

However er, a brach of the PPSCooP is also a breach of the KADOE contract which means that you could make a formal complaint about Horizon to the DVLA. A breach of the KADOE contract means that they have used your DVLA data unlawfully.

The fact that you can't appeal or even pay the charge on their website is enough to allow a formal complaint to be made and so slightly in an appeal. You'd have to base the appeal on lack of and/or poor signs that do not adequately bring to the attention of the driver the charge for breaching any terms and also whether a contract could even be formed.
Title: Re: Horizon ticket (unable to appeal or pay)
Post by: Foxy01 on March 26, 2025, 04:01:13 pm
Please see attached PCN.

[attachment deleted by admin]
Title: Re: Horizon ticket (unable to appeal or pay)
Post by: b789 on March 26, 2025, 03:39:28 pm
So, tell them to send a formal complaint to Horizon about not being able to appeal (or pay) and refer them to the answer given in Arkell v Pressdram (1971).

They are obliged to consider a complaint as an appeal. considering that most Horizon PCNs are not PoFA compliant and therefore the Keeper cannot be liable and they have absolutely no idea who the driver is, unless the Keeper blabs it to them when there is no legal obligation to do so.

So, paying a Horizon PCN when there is no legal reason to do so, makes the recipient of the PCN a fool and their money.

Can you show us the Notice to Keeper (NtK) that was received and we can suggest a suitable formal complaint that will include the necessary wording to go tell them to chase the unknown (to them) driver?
Title: Re: Horizon ticket (unable to appeal or pay)
Post by: Foxy01 on March 26, 2025, 03:25:56 pm
Only fools and the low-hanging fruit on the gullible tree pay a Horizon PCN. What I don't comprehend here is in what capacity are you trying to pay the PCN? Are you an employee of the company and trying to make the payment? Are you a director of the company? Were you the driver?
I'm a contractor for the company. I was not the driver. The company have always paid parking charges (Not my decision or one that I agree with). The accounts person tried to pay this charge but when the details were entered into the Horizon website there was no option to appeal or to pay. They asked me what happens next.
If they cant appeal then they won't get a rejection or a POPLA code.
Title: Re: Horizon ticket (unable to appeal or pay)
Post by: b789 on March 26, 2025, 03:14:21 pm
Only fools and the low-hanging fruit on the gullible tree pay a Horizon PCN. What I don't comprehend here is in what capacity are you trying to pay the PCN? Are you an employee of the company and trying to make the payment? Are you a director of the company? Were you the driver?
Title: Re: Horizon ticket (unable to appeal or pay)
Post by: DWMB2 on March 26, 2025, 10:05:23 am
We tend not to advise those who are seeking to make payment (as there is seldom any advice to offer in such cases!). The notice generally advises on ways to pay. If there are multiple methods, another could be attempted. Otherwise, Horizon could be contacted.
Title: Horizon ticket (unable to appeal or pay)
Post by: Foxy01 on March 26, 2025, 09:42:59 am
Horizon ticket received by a Limited company for an overstay. Vehicle registered to the limited company. The company policy is to pay the tickets (I know that isn't what would normally be advocated here but it's their choice).
On this occasion when the details were inputted into Horizons site it came back showing as Status (Hold). It also offers no option to either pay or appeal. A screen grab has been taken. It is within the fourteen day period since issue of the notice.
I will try and get a scan of the notice.

Any advice on how to proceed?