Author Topic: Horizon Parking PCN – Exceeded Maximum Stay – Oldings Corner Retail Park, Hatfield  (Read 941 times)

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Driver stopped in Tesco Hatfield car park from 16:58 to 17:32 on Sunday 27th April to pick up their child from friends after a weekend away. They did not expect a PCN for a stay of 34 minutes on a late Sunday afternoon and just saw the usual 2 hour stay signs. Since this car park is some distance away I can't provide images of the signs.

Due to unavoidable reasons I am only just posting this - Horizon has given until 29th May to pay at a reduced rate - so would like to thank anyone responding within that time !


« Last Edit: May 27, 2025, 09:27:59 pm by mrwibble »

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Your post is like shooting yourself in the foot.

I suggest you read and act on https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
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If you correct your post so that the driver is not identified, then this PCN does not comply with PoFA 2012 (it wrongly states that it does) to hold the known keeper liable for the actions of the unknown driver.
Amongst other things, it can not have been delivered to the registered keeper within 14 days.
« Last Edit: May 27, 2025, 09:10:09 pm by jfollows »

That's unusual - when Horizon know they haven't complied with PoFA they don't usually claim to have done!

If you are the registered keeper with the V5C in your name, you can appeal with the below as the keeper only:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ________, in which you allege that the driver has incurred a parking charge.  I note from your correspondence that you claim to be able to hold me liable under Schedule 4 of the Protection of Freedoms Act 2012 ("the Act"), but this is not true. You have failed to deliver the notice within the relevant period of 14 days as required by paragraph 9(4) of the Act.

Date of parking: 27/04/2025
Date of issue: 16/05/25
Date of presumed service under 9(6) of the Act: 20/05/25
Days elapsed: 23 days

I am appealing as the registered keeper. There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,

If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving (you're appealing only as the keeper), and keep a close eye on your spam folder for their response. If they do not respond within 28 days, chase them.
Away from 29th March - 5th April
Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice
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Your post is like shooting yourself in the foot.

I suggest you read and act on https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/

Thanks - edited - now had some food and realised exactly what was amiss !

Thanks for giving your time to this forum, the swift save earlier and the suggested angle of attack - RK has responded online using your suggested format.

Horizon has also breached the PPSCoP section 8.1.1(d) which means they are in breach of their KADOE contract with the DVLA and are using your Keeper data unlawfully.

Here’s how to make a DVLA complaint:

• Go to:
contact.dvla.gov.uk

• Select: “Making a complaint or compliment about the Vehicles service you have received”
• Enter your personal details, contact details, and vehicle details
• Use the text box to summarise your complaint or insert a covering note
• You will then be able to upload a file (up to 19.5 MB) — this can be your full complaint or supporting evidence
That’s it.

The DVLA is required to record, investigate and respond to every complaint about a private parking company. If everyone who encounters a breach took the time to submit a complaint, we might finally see the DVLA take meaningful action—whether that means curtailing or removing KADOE access altogether.

For the text part of the complaint the webform could use the following:

Quote
I am submitting a formal complaint against Horizon Parking Ltd, a BPA Approved Operator with DVLA KADOE access, for breaching the BPA/IPC Private Parking Single Code of Practice (PPSCoP) after obtaining my personal data.

While the Operator may have had reasonable cause at the time of their KADOE request, their subsequent misuse of my data—through conduct that contravenes the PPSCoP—renders that use unlawful. The PPSCoP forms an integral part of the DVLA’s governance framework for data access by private parking firms. Continued access is conditional on compliance.

The DVLA, as data controller, is obliged under UK GDPR and the Data Protection Act 2018 to investigate and take enforcement action when data is misused following release. This complaint is not about whether the data was obtained lawfully at the outset, but whether its subsequent use breached the terms under which it was provided.

I have prepared a supporting statement setting out the nature of the breach and the Operator’s actions, and I request a full investigation into this matter. I have attached the supporting document.

Please acknowledge receipt and confirm the reference number for this complaint.

Then you could upload the following as a PDF file for the formal complaint itself:

Quote
SUPPORTING STATEMENT

Complaint to DVLA – Breach of KADOE Contract and PPSCoP

Operator name: Horizon Parking Ltd 
Date of PCN issue: 16/05/2025 
Vehicle registration: [INSERT VRM]

I am submitting this complaint to report a misuse of my personal data by Horizon Parking Ltd, who obtained my keeper details from the DVLA under the KADOE (Keeper At Date Of Event) contract.

Although Horizon may have had reasonable cause to request my data initially, their subsequent use of that data has become unlawful. This is because they have acted in breach of the BPA/IPC Private Parking Single Code of Practice (PPSCoP), which is a mandatory requirement for access to DVLA keeper data.

Under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA), a Notice to Keeper (NtK) must be delivered within 14 days of the parking event if the parking operator intends to transfer liability from the driver to the registered keeper.

In this case:

• Date of alleged parking event: 27/04/2025 
• Date of issue on NtK: 16/05/2025 
• Date of presumed service (per PoFA 9(6)): 20/05/2025 
• Days elapsed: 23

Despite failing to deliver the NtK within the required 14-day period, Horizon Parking’s notice falsely claimed that the keeper was liable under PoFA. This is a clear and material breach of Section 8.1.1(d) of the Private Parking Single Code of Practice, which states:

“The parking operator must not serve a notice which in its design and/or language: state the keeper is liable under the Protection of Freedoms Act 2012 where they cannot be held liable.”

By doing so, Horizon misrepresented the legal position, misused my data, and pursued a charge under a legal provision that no longer applied. The KADOE contract permits the use of keeper data only for the legitimate purpose of enforcing a parking charge in accordance with the Code of Practice. Once Horizon breached the Code, that lawful basis no longer existed.

These are not minor or technical breaches. They show a clear disregard for the rules that govern how DVLA data must be used, and undermine the lawful basis for pursuing a parking charge. I ask the DVLA to investigate this misuse of my data and take appropriate enforcement action.

This may include:

• Confirming that a breach has occurred 
• Taking enforcement action against the operator 
• Suspending or terminating their KADOE access if warranted

I have attached the relevant PCN and correspondence to support this complaint. Please confirm receipt and provide a reference number. I am happy to supply further information if required.

Name: [INSERT YOUR NAME]
Date: [INSERT DATE]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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B789 - Agree with you - I have submitted a complaint using your kindly provided format.

Success ! Many thanks to DWMB2 and B789 for their assistance. Horizon have now cancelled the PCN. I will update on DVLA once they have concluded their enquiry.

*****

Parking Charge Reference    [Redacted]
Vehicle Registration Number      [Redacted]
Breach of Terms and Conditions   Exceeded Maximum Stay Period
Date and Time of Breach   27th April 202527th April 202505:32 PM
Location Name    Oldings Corner Retail Park/Tesco Hatfield
Date of this Correspondence    4th June 2025
 
Dear Appellant,
 

Parking Charge:[Redacted]

 

Thank you for your recent correspondence regarding the above Parking Charge , which we have reviewed.

 

I can confirm the Parking Charge has now been cancelled and no further action will be taken in this matter.

 

Please note that once the Parking Charge is cancelled the contact details are removed from the Parking Charge and will not be retained for any purpose or shared with third parties.  We are, however, required to retain images and appeal correspondence for a period of 2 years by DVLA and 3 years by the BPA and are not therefore able to delete these from our system. You can review our privacy policy at
This privacy notice will inform you as to how we look after your personal data when you interact with us and tell you about your privacy rights and how the law protects you. This privacy notice is…
Horizon Parking · horizonparking.co.uk
or you can request that a copy is sent to you in the post by contacting us at the address below, if you have any queries regarding your data.

 

Yours sincerely,

Horizon Parking
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When you receive the DVLA fob-off, show us the letter and I will provide the Step 2 complaint to the Head of Complaints.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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