Free Traffic Legal Advice

Hi,

I am the registered keeper of this vehicle. The driver parked for 14.5 minutes at this location whilst visiting a church over Easter, they entered the private road without noticing the signage, and that the whole road and parking spaces were private property and parking was not allowed anywhere, the driver parked on the double yellow lines on the road. The event took place on the 19/04/25, but the notice was not received in the post until 28/05/25. Due to taking over 5 weeks to receive the notice, this seems to breach POFA, and Horizon are a member of the BPA.

I have already appealed using a a blurb from another post which seemed similar regarding going over the 14 days, but haven't received a response yet.

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.

I have attached the documents.
The google maps location is here https://maps.app.goo.gl/aihB3trK5cyhyFA38

I would appreciate any assistance.

Thank you.

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Quote from: Spaceghost on May 28, 2025, 04:01:05 pm

Due to taking over 5 weeks to receive the notice, this seems to breach POFA, and Horizon are a member of the BPA.

You can't 'breach PoFA'.  They haven't complied with the necessary conditions to hold the keeper liable for the driver's unpaid parking charge - nor do they claim they can...

If you read carefully it states the driver is liable.  They do not know who that was...

The appeal is good - how did you appeal?  (Hopefully online?)

Thanks. Yes, online through their site.

They'll reject the appeal but you'll get a POPLA code and you simply tell the POPLA assessor that they are not relying on PoFA 2012 to hold the Keeper liable and you are not legally obliged to identify the driver to an unregulated private parking company and decline to do so. As the Keeper cannot be the liable party, the appeal should be upheld. Simples.

So, just to be clear. To comply with PoFa, they would have to notify the registered keeper within 14 days? Even if the RK was not the driver it would have been valid within 14 days?

So, just to be clear. To comply with PoFa, they would have to notify the registered keeper within 14 days? Even if the RK was not the driver it would have been valid within 14 days?

PoFA requires more than just delivering the notice within 14 days.  There's a long list of requirements - check out the legislation if you're interested: https://www.legislation.gov.uk/ukpga/2012/9/schedule/4

In my experience they tend to throw the towel in upon first appeal...

Hi. This same here, this same place and date, today I received a letter from Horizon...
Can you please help me/tell me which template  you used to appeal against it? I can not find any. Thank you

@Ciufek, please start your own thread for advice. We cannot deal with more than one PCN per thread.

READ THIS FIRST - Private Parking Charges Forum guide