Author Topic: Horizon Parking - Failure to pay for full duration of stay  (Read 1855 times)

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Re: Horizon Parking - Failure to pay for full duration of stay
« Reply #15 on: »
Can you hop their evidence as files on DropBox or Google Drive? Those images in Imgur are very blurry and difficult to read, at least for me.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Horizon Parking - Failure to pay for full duration of stay
« Reply #16 on: »
Here is a single rebuttal point that should win it for you...

Quote
Landowner Authority – Horizon’s Claim is Legally Illiterate and Completely Unsupported

Horizon Parking has made no attempt whatsoever to respond to point #3 raised in the appeal. They were specifically challenged to produce a full, signed, and dated contract with the landowner showing they have the legal right to operate and issue parking charges in their own name. They were also told that a properly witnessed landholder statement would suffice if a contract could not be disclosed. They have done neither.

Instead, they offer this infantile claim:

"we have signs and equipment in place, so we must have landowner authority."

This is not a rebuttal. It is a childlike assumption dressed up as legal reasoning. The existence of signs proves only that Horizon has placed signs there. It says nothing about whether they are entitled to do so, whether any contract exists now, or whether any authority was ever granted.

This is not theoretical. Contracts lapse, expire, or are revoked, and signage frequently remains in place regardless. Horizon has provided no evidence that any permission is current, valid, or even exists. They have not produced:

- a contract
- a redacted summary of one
- a witness statement
- or even a letter of confirmation.

They have failed to respond to the central evidential burden. And to then attempt to bypass that obligation with an appeal to the existence of their own signs is not just legally bankrupt—it is insulting to the intelligence of any independent adjudicator.

PPSCoP Section 14 – Clear and Binding

Section 14 of the Private Parking Single Code of Practice (PPSCoP) sets out precisely what operators must obtain and be able to show in relation to landowner authority, including:

- the permission granted and its duration
- what they are authorised to do
- and, at 14.1(i), a requirement to be able to supply documentation to authorised bodies upon request.

They have not supplied it. They haven’t even claimed to have it. Instead, they’ve deployed a non-answer based on an implied truth that isn’t just unsupported—it is patently false.

If the POPLA assessor is inclined to accept Horizon’s “we have signs, therefore we have authority” position, then they must be reminded that this would amount to discarding basic evidential standards in favour of magical thinking. It would require a total abandonment of logic, and the kind of intellectual negligence that brings the entire adjudication process into disrepute.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Horizon Parking - Failure to pay for full duration of stay
« Reply #17 on: »
I’ve attached Horizons evidence pack. Let me know if any issues.

Thanks for the template, should I appeal with that only or couple it with my initial appeal with the points already raised?

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Re: Horizon Parking - Failure to pay for full duration of stay
« Reply #18 on: »
Your POPLA appeal was weak and mostly irrelevant. However, point 3, requiring them to evidence that they had a valid contract in place at the time which granted them authority to issue PCNs in their own name, has not been evidenced.

Their statement:

In response to point 3, Horizon Parking Limited has the authority of the legal occupier of the land to provide parking management services in accordance with the stated terms and conditions of parking. This is evidenced simply by the existence of Horizon’s equipment being on the legal occupier’s land. Such equipment could not be on the land without the consent of the legal occupier. Regardless of these facts, it is settled law that only a third party with a higher proprietary interest in the land can challenge Horizon’s authority to act. In absence of such higher proprietary interest,
Horizon is under neither a duty nor obligation to disclose commercial documents between Horizon and its clients.

is fatal to their claim that they have a valid contract flowing from the landowner to operate and issue PCNs at the location.

You have 7 days to respond to their evidence. Any points in your appeal that they have not rebutted or responded to should be highlighted. As your POPLA appeal (your initial appeal is irrelevant) was weak and mostly nonsensical, your can only rely on the single point I have pointed out to you.

Just use it, as is, to rebut the operators failure to respond properly to your point #3.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Horizon Parking - Failure to pay for full duration of stay
« Reply #19 on: »
Thanks, appeal successful. See below reasoning:

Decision
Successful

Assessor supporting rational for decision:
I am allowing this appeal, with my reasoning outlined below: Firstly, I note that the appellant has raised multiple appeals with POPLA. I must advise that POPLA assess all appeals on an impartial case by case basis and as such each PCN must be appealed by the motorist separately. In this instance I am only assessing the appeal for POPLA code: 3761085019 which was issued to PCN number HP3717239. Within their grounds for appeal, the appellant and questioned the parking operator’s rights to issue PCNs on this land. They have requested evidence of the contract the parking operator has with the landowner. The Private Parking Sector Single Code of Practice (The Code) sets the standards its parking operators need to comply with. Section 14.1 of the Code states that where controlled land is being managed on behalf of a landowner, written confirmation must be obtained before a parking charge can be issued. In this case, whilst I acknowledge that the parking operator has stated that they are under no obligation to provide commercial documents, it would be appropriate for the parking operator to provide this and the appellant has directly challenged this. As evidence of the contact the parking operator may have with the landowner has not been provided, I am not satisfied that the parking operator has fully rebutted the appellant’s grounds for appeal. The appellant has raised other grounds in their appeal, but as I am allowing the appeal, it is not necessary for me to address these.
Winner Winner x 2 View List

Re: Horizon Parking - Failure to pay for full duration of stay
« Reply #20 on: »
That decision refers to PCN number HP3717239, the PCN this thread is dealing with is HP3698653.

The usual turnaround for POPLA is at least 8 weeks.
« Last Edit: May 12, 2025, 05:50:46 pm by DWMB2 »

Re: Horizon Parking - Failure to pay for full duration of stay
« Reply #21 on: »
Must admit there were 3 separate PCNs from Horizon, all of which appealed with the same points and succeeded on the same grounds.

I too was surprised in how quickly they got back to me, thanks everyone on this forum who helped much appreciated.