Free Traffic Legal Advice

Initial Response from POPLA including the horizon response is in.  Loads of detail in a pdf that I can redact and upload in a few days if needed but most seems to be standard photos of signs etc.  key bit of interest is as follows...

The appellant is the registered keeper and has stated they reside in Scotland, which is confirmed by the postal address the DVLA provided us with when the Parking Charge was issued – their address is indeed in Glasgow. The appellant goes on to state that because the Protection of Freedom Act 2012 (‘POFA’) does not apply in Scotland, they have no “legal obligation” to identify the driver. This would indeed be correct if the parking event had occurred in Scotland. However, this parking event occurred at Premier Inn Boston, which is located in eastern England – the address is Wainfleet Road, Boston, Lincolnshire, PE21 9RW. Please see a screenshot from Google Maps showing the location of the hotel.  Because the parking event occurred in England, where POFA applies, and the Parking Charge has been issued in full compliance with POFA, the Registered Keeper can be held liable for the Parking Charge their vehicle has been issued, in the event the driver is not identified.

And

The appellant has not been given two opportunities to provide the driver’s name and address – the first in the Notice to Keeper itself and the second when the appeal was responded to. The appellant has stated to POPLA that “in Scotland, liability (if any) for a private parking charge rests only with the driver” which is correct – but this Parking Charge was not issued in Scotland. It was issued in England, where POFA does apply and the Notice to Keeper has been issued in full compliance with this.  The appellant appears to suggest that they can authorise the use of their vehicle in England and not be expected to be held liable for any Parking Charges that are results of the vehicle breaching the terms and conditions on private land throughout England, simply because they are a “a Scottish-domiciled keeper”. The appellant is incorrect with this assumption.  Our position remains that this Parking Charge was issued correctly. We maintain the appellant entered a valid contract and should pay the valid parking charges as per the signage on the site.


Ignoring the typo and the geography lesson, they still seem to be getting confused with keeper liability and whether I (as appellant) entered into a contract which, clearly as non driver, I did not!

Welcome your thoughts 

As predicted, a standard "hasn't read the question" denial of appeal (text below). 
Happy to ignore it but also happy to string it along a bit through POPLA if it ends up costing them money!  Any downsides to doing this?

Cheers!

.                                  .                              .

Thank you for your recent correspondence concerning the above-referenced Parking Charge.



Review of your Appeal



The Parking Charge was issued lawfully and in full and proper accordance with the Private Parking Sector Single Code of Practice issued by the British Parking Association (the ‘BPA’).



There are signs located at the entrance to, and within the car park, that state the terms and conditions that apply when parking.



As clearly stipulated on signage within the car park, payment or registration for parking must be made for the full duration of the vehicles stay.  Our systems do not show any evidence of payment or registration made against this vehicle on the incident date.



The signs throughout the car park are clear and comply fully with the BPA’s prescribed rules and regulations.  When parking on private land, it is the driver’s responsibility to ensure they adhere to the terms and conditions of the car park concerned.



As we have not been provided with the name and a serviceable address for the driver/hirer, under Schedule 4 of the Protection of Freedoms Act 2012, we do have the right, subject to meeting the requirements of the Act, to recover from the Registered Keeper the amount that remains outstanding. We have obtained the name and address of the registered keeper of the vehicle from the DVLA for the purposes of enforcing this charge.



Given the above, and whilst we have considered your representations carefully, on this occasion your appeal has been rejected, although please see the paragraph below regarding further evidence, receipt of which may enable us to review your case further.



Further Evidence



Although we have rejected your appeal, we would be happy to review the status of your appeal should supporting evidence be provided.



Horizon Parking is unable to process a Transfer of Liability (TOL) until a full name and serviceable address has been provided. Please send the required details via email to TOL@horizonparking.co.uk , along with the Parking Charge reference number and vehicle registration.



To submit the requested evidence, you can do so by resubmitting the appeal form available on our website, www.horizonparking.co.uk or write to us at Horizon Parking Ltd, Finitor House, 2 Hanbury Road, Chelmsford, CM1 3AE.



Until we receive this important evidence, please be advised that the Parking Charge will remain outstanding. However, in good faith, we will hold the current charge rate for an additional 14 calendar days to allow you sufficient time to compile and send the information we require. Once received, we will review the matter further and respond to you accordingly.



We look forward to receiving the above information so we may further consider the Parking Charge for you. Please be aware that Horizon must reserve its rights to pursue the Charge if the evidence requested is not received within the next 14 calendar days.

 

The Charge Amount and Methods of Payment



In good faith, Horizon will hold the charge at the current amount of £57 for a further 14 days from the date of this correspondence to allow you further time to pay.



Payment of the outstanding charge can be made using our 24-hour payment line: 020 8106 0789 or online at Horizon Parking Portal



Alternatively, payment can be made via cheque made payable to Horizon Parking Ltd and posted to Horizon Parking Ltd, Finitor House, 2 Hanbury Road, Chelmsford, Essex, CM1 3AE.



Additional Types of Appeal



If you have no evidence that you wish to submit to us, then you have now reached the end of our appeals procedure.  Although we have rejected your appeal, the Parking On Private Land Appeals (POPLA) provides an independent appeals service. To use this service, you must appeal to POPLA within 28 days of the date of this correspondence.



For full instructions on how to appeal to POPLA, please visit their website at www.popla.co.uk. If you would rather progress this matter by post, please contact our Appeals Office and we will send you the necessary paperwork.



Your POPLA reference number is XXXXXXXXXXXX



Please be advised that if you elect for independent arbitration of your case, you will be required to pay the charge at the full amount and, as such, will no longer qualify for payment at the reduced rate. Please also be advised that POPLA will not accept an appeal where payment is made against the Parking Charge in question.



We are required by law to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal; however, Horizon has not chosen to participate in their alternative dispute resolution service.  As such, should you wish to appeal, then you must do so to POPLA as explained above.



Yours sincerely,



Appeals Department

Horizon Parking Limited

Apologies....back of the ntk is at:

https://ibb.co/ymGgrPw2

Cheers

Garerh