Free Traffic Legal Advice

This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the trick of asking for driver details in order to get around the fact your NtK does not comply with PoFA. As there is no keeper liability, therefore, liability cannot flow from the driver to the keeper and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.

Please tell us that you only appealed as the keeper and didn't reveal the drivers identity, inadvertently or otherwise, in your appeal?

Had you used the following as your appeal, it would have been cancelled:

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This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the trick of asking for driver details in order to get around the fact your NtK does not comply with PoFA. As there is no keeper liability, therefore, liability cannot flow from the driver to the keeper and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.

Only the (hopefully) unknown driver is liable for the PCN. The unknown driver and the known keeper are separate entities in civil law and there is no legal obligation for the known keeper to identify the unknown driver. The only way that the known keeper can be liable for the PCN is if Horizon issued an NtK that complies fully with the requirements of PoFA.

Horizon have not issued an NtK that complies with the requirements of PoFA and as long as the driver remains unknown, they have nowhere to run with this. So, is the driver still unknown?

If you have revealed the identity of the keeper to have also been the driver then you have made things so much more difficult for yourself.

So, you need to start preparing your POPLA appeal. The POPLA code is actually valid for 33 days, not the 28 stated on the appeal rejection letter.

Please show us what you intend to put in your POPLA appeal before you send anything. POPLA will only consider relevant law and the BPA Code of Practice (CoP) to determine whether the PCN was issued correctly. Mitigation is not considered at all.

You should start to swat up on PoFA, BPA CoP and the CRA 2015.

As long as the selection "I paid for parking" is not construed as admittance of being the driver, this should be won at POPLA

Dear Appellant,

 
Parking Charge Notice: xxxxxxxx

Thank you for your recent correspondence regarding the above Parking Charge Notice.

Thank you for contacting us and bringing this to our attention. 

We have investigated this further and can see that you did make payment to park. Unfortunately, due to the high volume of vehicles in the car park that day, the client informed customers to use the overflow car park but did not inform us of this.

Please accept our since apologies for this . I can confirm the Parking Charge has now been cancelled in full and no further action is required.

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

Please note that once the Parking Charge Notice is cancelled the contact details are removed from the Parking Charge Notice 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 the BPA and are not therefore able to delete these from our system. You can review our privacy policy at https://horizonparking.co.uk/privacy-policy/ 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,

Appeals Department

Horizon Parking Ltd