Show Posts - Saracarmel

Hi thank you so much this is all very helpful I have been communicating with horizon I over stayed 30 min In the first letter I did mention one of passengers in the vehicle is a disabled person that’s why i said in the second letter as you are awareBut actually makes sense what you have said I will send another email and attach letters I have from the psychiatrist and psychologist along with what you have mentioned Thank you so so much

Hi all I’m new here and I hope I can get some helpMe and my girls went to B&m and horizon sent me a fine saying I over stayedI sent the template letter :dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.Also one of the person in the car has a disability.They replied this:Good Afternoon, Thank you for your email. As per the British Parking Association’s (BPA) Code of Practice, paragraph 23.7, the time to challenge the charge has expired and the matter has been passed to our debt recovery agent for collection. We would therefore advise you to contact Debt Recovery Plus direct: Debt Recovery PlusPo Box 219ManchesterM34 0DGI’ve found online another template and I added something else:As you are aware, one of the passengers in the vehicle at the time was a disabled child with severe anxiety and obsessive-compulsive disorder. Due to these medical conditions, completing everyday tasks such as shopping can take significantly longer than usual, which is something I believe should have been taken into account under the provisions of the Equality Act 2010.Given these circumstances, I am requesting that you immediately instruct your debt recovery agents to cease all collection activities. As Horizon Parking has failed to comply with the law in relation to disability discrimination and the BPA Code of Practice (which provides for consideration of grace periods), I have no intention of paying this parking charge.If you escalate this matter to court, I will vigorously defend the claim and will submit this correspondence as evidence of my attempts to resolve the issue. Furthermore, I have all necessary documentation to prove the presence of the disabled child in the car, including medical evidence of their condition, which will demonstrate the disparity and the need for reasonable adjustments that you failed to provide. Upon winning, I will request reimbursement of my costs, including but not limited to Litigant in Person costs, as I consider your continued pursuit of this baseless claim to be entirely unreasonable.Additionally, I would like to draw your attention to the **Protection of Freedoms Act 2012 (POFA)**, specifically **Schedule 4, Paragraph 9(2)**. According to POFA, certain requirements must be met for Horizon Parking to pursue the keeper of the vehicle. Your correspondence fails to comply with several aspects of POFA, particularly the requirement to send the notice to the keeper’s current address. In my case, you sent the notice to my old address, which further invalidates your claim. For your convenience, here is a link to the legislation: [Protection of Freedoms Act 2012 (legislation.gov.uk)](https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted).Furthermore, I have already contacted the landowner and forwarded all relevant correspondence, including details about the disabled child and the unfairness of this charge. I expect that the landowner will review this matter in light of the reasonable adjustments required under the Equality Act 2010.As you are a member of the British Parking Association (BPA), I am aware that I can escalate this matter to **POPLA** if necessary. Please be advised that I am fully prepared to pursue an appeal with POPLA, should you continue to pursue this charge, as I believe your case has no merit based on your non-compliance with POFA and the consideration of disability rights under the Equality Act 2010.Please be advised that from now on, I am keeping a detailed record of the time I spend dealing with this matter, which will form part of any future cost recovery claims should the matter proceed to litigation.I trust this letter clarifies my position, and I look forward to your prompt confirmation that this case has been closed.They replied:Please be advised that we obtain registered keeper details from the DVLA, it is the registered keeper’s responsibility to ensure that their v5 is up to date with the correct information. You have not provided us with details of any exceptional circumstances which would require us to consider your appeal out of time, and the time for appealing the Parking Charge has now passed.  However on this occasion if you are able to supply an image of the front and back of a blue badge held by the disabled passenger within the next 14 days, we would be prepared to reconsider the status of the Parking Charge. Please note that you have not at any stage provided any information regarding the status of any occupant of the vehicle.  The Equality Act 2010 addresses matters of discrimination (whether direct or indirect) where a person is treated unfavourably due to the existence of a protected characteristic. It is a fact that the vehicle was parked in contravention of the contractual terms and conditions of parking on the private land concerned. Horizon has no way of knowing why your vehicle was parked in contravention of the terms and conditions or what your personal circumstances are or were at that time. It is therefore impossible for Horizon to have acted unfavourably towards the you in breach of the Act. You have not been treated unfavourably. Indeed, you have been treated no differently (i.e., neither unfavourably nor favourably) to any other user of the private land who is in breach of the terms and conditions applying to the same and therefore no breach of s.4 of the Act can exist. The terms and conditions of the car park in question was clearly advertised upon signage displayed on the land and therefore you were or ought to have been aware of the condition of a maximum stay in place. There was no restriction or prejudice of your right to use the car park in the same way as any other user of the car park. The Parking Charge was not issued because of any health issue associated with this or for any other reason attaching to a protected characteristic; it was issued because you exceeded the maximum stay within the car park. Additionally, and importantly, the alleged undertaking of an activity attaching to a protected characteristic does not give rise to a right to breach the terms and conditions of a parking contract. This is not the purposive intention of the legislation. In relation to your comments regarding a grace period, we can confirm that in line with The Private Parking Sector Single Code of Practice, we do apply grace periods at all sites. In this case, your vehicle exceeded the grace period, and maximum stay in place. As advised previously unless you are able to supply the requested proof of holding a blue badge, the time to challenge the charge has expired and the matter has been passed to our debt recovery agent for collection. I have never requested a blue badge for my daughter as she can walk and I would not take the space that someone might needs more than she does but she receive disability and because of her health she takes very long to move around spaces Could someone help mePlease what do i reply?