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Live cases legal advice => Private parking tickets => Topic started by: iispartan on March 31, 2025, 08:39:44 pm

Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: iispartan on May 12, 2025, 06:15:05 pm
Must admit there were 3 separate PCNs from Horizon, all of which appealed with the same points and succeeded on the same grounds.

I too was surprised in how quickly they got back to me, thanks everyone on this forum who helped much appreciated.
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: DWMB2 on May 12, 2025, 05:47:40 pm
That decision refers to PCN number HP3717239, the PCN this thread is dealing with is HP3698653.

The usual turnaround for POPLA is at least 8 weeks.
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: iispartan on May 12, 2025, 05:37:03 pm
Thanks, appeal successful. See below reasoning:

Decision
Successful

Assessor supporting rational for decision:
I am allowing this appeal, with my reasoning outlined below: Firstly, I note that the appellant has raised multiple appeals with POPLA. I must advise that POPLA assess all appeals on an impartial case by case basis and as such each PCN must be appealed by the motorist separately. In this instance I am only assessing the appeal for POPLA code: 3761085019 which was issued to PCN number HP3717239. Within their grounds for appeal, the appellant and questioned the parking operator’s rights to issue PCNs on this land. They have requested evidence of the contract the parking operator has with the landowner. The Private Parking Sector Single Code of Practice (The Code) sets the standards its parking operators need to comply with. Section 14.1 of the Code states that where controlled land is being managed on behalf of a landowner, written confirmation must be obtained before a parking charge can be issued. In this case, whilst I acknowledge that the parking operator has stated that they are under no obligation to provide commercial documents, it would be appropriate for the parking operator to provide this and the appellant has directly challenged this. As evidence of the contact the parking operator may have with the landowner has not been provided, I am not satisfied that the parking operator has fully rebutted the appellant’s grounds for appeal. The appellant has raised other grounds in their appeal, but as I am allowing the appeal, it is not necessary for me to address these.
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: b789 on May 10, 2025, 11:53:50 pm
Your POPLA appeal was weak and mostly irrelevant. However, point 3, requiring them to evidence that they had a valid contract in place at the time which granted them authority to issue PCNs in their own name, has not been evidenced.

Their statement:

In response to point 3, Horizon Parking Limited has the authority of the legal occupier of the land to provide parking management services in accordance with the stated terms and conditions of parking. This is evidenced simply by the existence of Horizon’s equipment being on the legal occupier’s land. Such equipment could not be on the land without the consent of the legal occupier. Regardless of these facts, it is settled law that only a third party with a higher proprietary interest in the land can challenge Horizon’s authority to act. In absence of such higher proprietary interest,
Horizon is under neither a duty nor obligation to disclose commercial documents between Horizon and its clients.

is fatal to their claim that they have a valid contract flowing from the landowner to operate and issue PCNs at the location.

You have 7 days to respond to their evidence. Any points in your appeal that they have not rebutted or responded to should be highlighted. As your POPLA appeal (your initial appeal is irrelevant) was weak and mostly nonsensical, your can only rely on the single point I have pointed out to you.

Just use it, as is, to rebut the operators failure to respond properly to your point #3.
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: iispartan on May 10, 2025, 07:54:42 pm
I’ve attached Horizons evidence pack. Let me know if any issues.

Thanks for the template, should I appeal with that only or couple it with my initial appeal with the points already raised?

[attachment deleted by admin]
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: b789 on May 10, 2025, 04:50:38 pm
Here is a single rebuttal point that should win it for you...

Quote
Landowner Authority – Horizon’s Claim is Legally Illiterate and Completely Unsupported

Horizon Parking has made no attempt whatsoever to respond to point #3 raised in the appeal. They were specifically challenged to produce a full, signed, and dated contract with the landowner showing they have the legal right to operate and issue parking charges in their own name. They were also told that a properly witnessed landholder statement would suffice if a contract could not be disclosed. They have done neither.

Instead, they offer this infantile claim:

"we have signs and equipment in place, so we must have landowner authority."

This is not a rebuttal. It is a childlike assumption dressed up as legal reasoning. The existence of signs proves only that Horizon has placed signs there. It says nothing about whether they are entitled to do so, whether any contract exists now, or whether any authority was ever granted.

This is not theoretical. Contracts lapse, expire, or are revoked, and signage frequently remains in place regardless. Horizon has provided no evidence that any permission is current, valid, or even exists. They have not produced:

- a contract
- a redacted summary of one
- a witness statement
- or even a letter of confirmation.

They have failed to respond to the central evidential burden. And to then attempt to bypass that obligation with an appeal to the existence of their own signs is not just legally bankrupt—it is insulting to the intelligence of any independent adjudicator.

PPSCoP Section 14 – Clear and Binding

Section 14 of the Private Parking Single Code of Practice (PPSCoP) sets out precisely what operators must obtain and be able to show in relation to landowner authority, including:

- the permission granted and its duration
- what they are authorised to do
- and, at 14.1(i), a requirement to be able to supply documentation to authorised bodies upon request.

They have not supplied it. They haven’t even claimed to have it. Instead, they’ve deployed a non-answer based on an implied truth that isn’t just unsupported—it is patently false.

If the POPLA assessor is inclined to accept Horizon’s “we have signs, therefore we have authority” position, then they must be reminded that this would amount to discarding basic evidential standards in favour of magical thinking. It would require a total abandonment of logic, and the kind of intellectual negligence that brings the entire adjudication process into disrepute.
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: b789 on May 10, 2025, 04:04:36 pm
Can you hop their evidence as files on DropBox or Google Drive? Those images in Imgur are very blurry and difficult to read, at least for me.
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: iispartan on May 09, 2025, 11:08:54 pm
Hi,

I received an email from POPLA telling me Horizon has uploaded evidence and that I have 7 days to provide commentary.

I attach the evidence pack in the link: https://imgur.com/a/LI8MOBu

Any advice would be appreciated.
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: iispartan on April 24, 2025, 01:15:53 am
Any thoughts please before I send? Hoping to send by end of week
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: iispartan on April 22, 2025, 08:17:54 pm
Proposed draft below, i would welcome any feedback/thoughts. Thanks

POPLA Rebuttal – Parking Charge

I would like to appeal against this charge on the below grounds:

1. Notice to Keeper (NtK) – PoFA Non-Compliance

Horizon claims the NtK is compliant but fails to include the statutory wording required under Paragraph 9(2)(f) of Schedule 4 to the Protection of Freedoms Act 2012. The notice must state that the creditor may recover the charge from the keeper if it is not paid within “28 days beginning with the day after that on which the notice is given.” Horizon does not include a copy of the full NtK in their evidence pack for verification and simply repeats the conclusion that it is compliant, which is not sufficient.

2. Signage – No Entrance Sign / Outdated Evidence

Horizon fails to provide any photo showing a clear, legible entrance sign visible to drivers as they enter the site. Horizon’s lack of photographic evidence means they have failed to prove that adequate signage was in place and visible at the time of the alleged contravention.

3. No Valid Evidence of Landowner Authority

Horizon have not provided evidence of a full, signed, and dated contract with the landowner and therefore does not prove they are authorised to issue or enforce charges, or take legal action. As per the Code of Practice, operators must provide a full, unredacted contract or witness statement. POPLA has previously ruled that unsigned or summary pages do not satisfy this requirement.

4. Horizon’s Appeal Response Was Generic and Non-Specific

My initial appeal raised clear points of law and evidence, including PoFA defects. Horizon’s response was generic and did not engage with these points in any detail. Repeating the phrase "the charge is PoFA compliant" without addressing the actual breach or showing the full notice is not a rebuttal.

Conclusion

The operator has failed to provide evidence that signage was visible and compliant at the material time, that the NtK met PoFA requirements, that they have landowner authority, or that they complied with the site’s local authority-imposed planning conditions.

I respectfully request that the appeal be allowed and the parking charge cancelled.
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: iispartan on April 18, 2025, 11:13:17 am
Reading through other threads, looks like an argument could be used around:

The Notice to Keeper fails to comply with PoFA because the wording on the front of the notice incorrectly states that the keeper has 28 days to either pay or pass the notice to the driver, but it fails to specify when the 28-day period starts, creating ambiguity. While the back of the notice contains the correct PoFA wording, the contradictory wording on the front causes confusion and fails to properly "warn" the keeper as required under Paragraph 9(2)(f) of PoFA. Due to this discrepancy, Horizon Parking has failed to establish keeper liability.

Thread I’ve been looking at: https://www.ftla.uk/private-parking-tickets/horizon-pcn-millenium-retail-park-greenwich/15/
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: iispartan on April 17, 2025, 07:31:02 pm
To add to this, the driver has also received 3 additional PCNs for this very car park, to which has been appealed using same template as the first one.

Appreciate any advice on how to proceed with this one
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: iispartan on April 17, 2025, 10:49:37 am
Hi received a rejection via email - see attached. Appreciate any advice on next steps

[attachment deleted by admin]
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: DWMB2 on April 02, 2025, 10:11:26 am
The notice includes ANPR entry and exit times, I think it might be a tough sell to argue they have not specified the period of parking.
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: G6PRK on April 02, 2025, 09:54:16 am
Period of Parking
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: DWMB2 on April 02, 2025, 09:52:02 am
@G6PRK, which part(s) of PoFA do you think they have failed to meet?
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: iispartan on April 02, 2025, 12:01:58 am
Re-uploaded here https://imgur.com/a/ca1jA3S
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: DWMB2 on April 01, 2025, 09:53:12 am
Can you please reupload the PCN with personal info removed?
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: iispartan on April 01, 2025, 08:29:29 am
Thanks, have appealed with template
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: G6PRK on March 31, 2025, 09:40:03 pm
The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

Use the following as your appeal. No need to embellish or remove anything from it:

Quote
PCN No: [PCN Number]

Vehicle Registration Mark: [VRM]

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 PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. 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. Horizon have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
Title: Re: Horizon Parking - Failure to pay for full duration of stay
Post by: G6PRK on March 31, 2025, 09:35:21 pm
You should re-upload, redacting your personal information.
Title: Horizon Parking - Failure to pay for full duration of stay
Post by: iispartan on March 31, 2025, 08:39:44 pm
Hi all,

Driver received the following Parking Charge for failure to pay the full duration of stay.

I attach the PCN. Appreciate not much detail for now, I will update with more details but wanted to get a feel for appeal options.

https://imgur.com/a/2PZDpSl

Thanks