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/aihB3trK5cyhyFA38I would appreciate any assistance.
Thank you.
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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?)
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.
Ok, they are probably gnashing their teeth and will get back to you once they agree their Xmas meal fund has been reduced.
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.
They'll reject the appeal
They might not - when Horizon know they've missed the PoFA boat and therefore make no mention of it they often cancel on first appeal.
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?
If they intend to rely on PoFA to hold the known Keeper liable because they don’t know the unknown drivers identity, then they are required to make sure that the notice is given to the Keeper within the relevant period.
In this case, the notice has not been given within the relevant period and so they cannot hold the Keeper liable, only the driver. They have no idea who the driver is unless the Leeper blabs it, inadvertently or otherwise.
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/4In 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
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
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