3. epping forest pcn
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epping forest pcn
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Hi everyone,

I've just received my first Parking Charge Notice from Horizon Parking and I'm looking for some advice on whether I have grounds to appeal.

My daughter is a Blue Badge holder, and the Blue Badge was displayed in the vehicle at the time. We genuinely believed that she was entitled to park there without payment because of her disability and the badge being displayed. We've now received a parking charge for allegedly failing to pay for parking.

Is there any way to appeal this successfully based on the fact that a valid Blue Badge was displayed and that the vehicle was being used by a disabled person? Has anyone had experience with Horizon Parking or a similar situation?

Any advice on the best way to approach the appeal would be greatly appreciated. If possible, I'd be grateful for any responses as soon as possible, as I don't want to miss any appeal deadlines.

Many thanks in advance.
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Re: epping forest pcn
« Reply #1 on: »
The terms and conditions for parking should be clearly displayed on signs at the location.
When parking on private land, there is no requirement to provide free parking for blue badge holders, although of course they can offer this if they want to.
Assuming that a blue badge entitles the holder to park for free on private land is a mistake.
Whatever you or your daughter believed, the important terms should be displayed on the signs and the driver enters into a contract by reading them and by parking. If the signs are unclear, there may be an argument in their favour.
If you want more specific advice, please read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and post the information it requests (and I note you have posted the PCN, but what about the signs?). But just assuming a blue badge means free parking anywhere may be a mistake.

The Blue Badge scheme: rights and responsibilities in England
gov.uk


Quote
The badge is intended for on-street parking only.

Off-street car parks, such as those provided by shopping centres, hospitals or supermarkets are covered by separate rules.
« Last Edit: Yesterday at 05:08:26 pm by jfollows »
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Re: epping forest pcn
« Reply #2 on: »
Epping Forest is subject to Byelaws making it land subject to statutory control.

https://www.cityoflondon.gov.uk/assets/Green-Spaces/epping-forest-act-1878.pdf

This means that it is unlikely that the parking operator can rely on PoFA.

Furthermore, the NtK is not PoFA compliant.

You could send the following reply sent as an appeal make by the KEEPER.

Never reveal the driver.


PCN Number -

Registration Mark -

To whom it may concern,

I am the Registered Keeper of the above vehicle.

I write in relation to the above parking charge.

The vehicle driver is not known to you and there is no obligation in law for me to reveal the driver details and I will not be doing so.

Your PCN is clearly not relying on PoFA in order to invoke 'keeper liability'.

Your choices are therefore;

1. Cancel this PCN

OR

2. Waste more time, money and resources by rejecting my appeal and supplying me with a POPLA code.

I am sorry that I cannot help you further.


Best wishes,

xxxxx xxxxxxxx
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Re: epping forest pcn
« Reply #3 on: »
Please show us the back of the PCN. @InterCity125 sometimes Horizon PCNs that seem otherwise non-compliant seem to cover quite a lot of the requirements on the back (although not often).

Quote
Epping Forest is subject to Byelaws making it land subject to statutory control.
Usual caveat here that being subject to statutory control does not on its own render land 'non-relevant', the parking of vehicles on the said land must be subject to statutory control.
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