Show Posts
1
Private parking tickets / Horizon - Tescos - Split Thread
« on: December 20, 2024, 03:01:30 pm »
Hello,
I tried using the same but unfortunately the appeal was rejected
Copy pasted from email:
Dear Appellant,
Parking Charge
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.
One of the terms and conditions is that vehicles must not exceed the maximum stay period allowed. As this vehicle was found to be parked longer than the maximum period allowed, a Parking Charge was correctly issued.
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.
Additional Types of Appeal
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 of 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 XXXXXXXXX
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
I tried using the same but unfortunately the appeal was rejected
Copy pasted from email:
Dear Appellant,
Parking Charge
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.
One of the terms and conditions is that vehicles must not exceed the maximum stay period allowed. As this vehicle was found to be parked longer than the maximum period allowed, a Parking Charge was correctly issued.
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.
Additional Types of Appeal
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 of 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 XXXXXXXXX
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
With a bit of luck, your sister hasn’t appealed to Horizon yet. If she’d sent what she’d sent to YPS, she’d have blown the easiest way to get this cancelled.
Tell your sister to never, ever, ever, ever, ever, identify the driver unless advised to do so. By blabbing the identity of the driver, inadvertently or otherwise, is to throw away the most likely best reason to get a PCNcp cancelled.
No one is suggesting lying. It is a simple fact that the keeper of the vehicle is the person who has received the Notice to Keeper(NtK). The driver is unknown to the operator. Only the driver is liable, unless the NtK is fully compliant with all the requirements of PoFA. The Horizon NtK does not invoke PoFA and so the keeper cannot be liable unless they were also the driver and blab that bit of info.
There is no legal obligation for the keeper to identify the driver to an unregulated private parking company and the keeper should decline to do so. Tell your sister to appeal with the following, verbatim:QuoteI 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.