Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Kbonner on September 17, 2025, 11:55:51 am
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Thanks for your help.
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This must all be done in the name of the Keeper. You can do all the work but you cannot say "on behalf of". All electronic documents/emails etc can be signed by simply typing the full name of the person who is the named keeper.
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Sorry b789.
Am I okay Filing the appeal under my own name, as I am only the Fiance, or should I file the appeal under the Named Notice To Keeper, who is my Fiancé's Mother?
Thanks
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Thank you so much, as always. I will use the above details and let you know the next stages.
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Forget the mugs discount. You should appeal and request a copy of the original NtK and put them to strict proof of posting it. Any initial appeal will be rejected anyway. Once the appeal is rejected, you will receive a POPLA code which is valid for 33 days from the date of the appeal rejection.
Appeal, ONLY as the Keeper. We do not know whether the original NtK was PoFA compliant and there is always a problem with Horizon's signs.
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.
If the original NtK is not compliant with all the requirements of PoFA, that means if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.
Use the following as your appeal. No need to embellish or remove anything from it:
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.
No original Notice to Keeper (NtK) was ever received; the first and only document received was a ‘Reminder’. The presumption of delivery in PoFA 2012, Sch 4, para 9(6) is rebutted. If you contend that an NtK was posted, you are put to strict proof of the date of posting (not merely the date of document generation), by producing your postal manifest or third-party Mail Consolidator handover data. See the Private Parking Single Code of Practice v1.1, section 8.1.2(e) Note 2: “Therefore, parking operators must retain a record of the date of posting of a notice, not simply of that notice having been generated (e.g. the date that any third-party Mail Consolidator actually put it in the postal system.)”
Unless and until you provide a copy of the original NtK together with strict proof of posting as above, you cannot rely on PoFA 2012 Schedule 4 to transfer liability to the keeper. 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.
You MUST also send a Data Rectification Notice (DRN) to the Horizon DPO at dp@horizonparking.co.uk and CC yourself. The DRN must instruct them to update their records with your current address for service and to erase any other address. The highlighted words are there for a reason, so make sure you use them.
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No, only the reminder letter provided in the previous post.
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Do you have the original PCN rather than just the reminder?
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Yes, annoyingly, it is still on the V5C. The car was financed by my fiancé's mother, so is in her name and was just missed unfortunately. Does this allow anything options for appeal, or are we better, just taking the £85 hit?
Thanks
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First thing to do is get the V5C out and check what address is on it. I imagine you will find it is out of date...
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(https://i.imgur.com/JlDT1uz.jpeg)
(https://i.imgur.com/aOJNyEF.jpeg)
My Fiancé recently recently visited her mother's old address Neighbour, who gave her a Notice To Keeper Reminder Notification PCN Letter, they had received.
Her Parents have not lived at the address since November 2024.
The Date of Breach on the letter shows 24th July 2025.
The Driver, according to the PCN, had exceeded the maximum stay period captured by ANPR.
First of all, are there any grounds for an appeal here and secondly, due to her not receiving the original PCN, do we have any grounds for initialising the original Notice To Keeper PCN, for which the discounted amount would be Liable, as we hadn't received anything up until this point of contact.
Any help, as always, is greatly appreciated.