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Hi all,

Driver received the following Parking Charge for failure to pay the full duration of stay.

I attach the PCN. Appreciate not much detail for now, I will update with more details but wanted to get a feel for appeal options.

https://imgur.com/a/2PZDpSl

Thanks

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

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.

Use the following as your appeal. No need to embellish or remove anything from it:

PCN No: [PCN Number]

Vehicle Registration Mark: [VRM]

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.

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.

Can you please reupload the PCN with personal info removed?

@G6PRK, which part(s) of PoFA do you think they have failed to meet?

The notice includes ANPR entry and exit times, I think it might be a tough sell to argue they have not specified the period of parking.

To add to this, the driver has also received 3 additional PCNs for this very car park, to which has been appealed using same template as the first one.

Appreciate any advice on how to proceed with this one

Proposed draft below, i would welcome any feedback/thoughts. Thanks

POPLA Rebuttal – Parking Charge

I would like to appeal against this charge on the below grounds:

1. Notice to Keeper (NtK) – PoFA Non-Compliance

Horizon claims the NtK is compliant but fails to include the statutory wording required under Paragraph 9(2)(f) of Schedule 4 to the Protection of Freedoms Act 2012. The notice must state that the creditor may recover the charge from the keeper if it is not paid within “28 days beginning with the day after that on which the notice is given.” Horizon does not include a copy of the full NtK in their evidence pack for verification and simply repeats the conclusion that it is compliant, which is not sufficient.

2. Signage – No Entrance Sign / Outdated Evidence

Horizon fails to provide any photo showing a clear, legible entrance sign visible to drivers as they enter the site. Horizon’s lack of photographic evidence means they have failed to prove that adequate signage was in place and visible at the time of the alleged contravention.

3. No Valid Evidence of Landowner Authority

Horizon have not provided evidence of a full, signed, and dated contract with the landowner and therefore does not prove they are authorised to issue or enforce charges, or take legal action. As per the Code of Practice, operators must provide a full, unredacted contract or witness statement. POPLA has previously ruled that unsigned or summary pages do not satisfy this requirement.

4. Horizon’s Appeal Response Was Generic and Non-Specific

My initial appeal raised clear points of law and evidence, including PoFA defects. Horizon’s response was generic and did not engage with these points in any detail. Repeating the phrase "the charge is PoFA compliant" without addressing the actual breach or showing the full notice is not a rebuttal.

Conclusion

The operator has failed to provide evidence that signage was visible and compliant at the material time, that the NtK met PoFA requirements, that they have landowner authority, or that they complied with the site’s local authority-imposed planning conditions.

I respectfully request that the appeal be allowed and the parking charge cancelled.

Hi,

I received an email from POPLA telling me Horizon has uploaded evidence and that I have 7 days to provide commentary.

I attach the evidence pack in the link: https://imgur.com/a/LI8MOBu

Any advice would be appreciated.