Author Topic: Horizon Parking PCN – PoFA Compliance & Sudden Change in Asda Parking Limit (Read 77 times)

zunaster · « **on:** October 01, 2024, 11:29:00 am »

Hi all,

I’ve received a PCN from Horizon Parking for overstaying at Asda Park Royal. Need advice on PoFA compliance and whether I should challenge it.
Key Details:
- Incident Date: 13th Sept 2024
- PCN Issue Date: 19th Sept 2024
- Date Received: 1st Oct 2024 (14th day after issue)
- Reason: Exceeded max stay (new 2-hour limit)
- Charge: £70, reduced to £42 if paid by today

What Happened:
I was at WeBuyAnyCar (which uses Asda's car park) and stayed longer than planned due to delays with my car finance settlement. For 15 years, Asda’s free parking limit was 3 hours but they’ve recently reduced it to 2 hours without clear notice!

Concerns:
1. Timeliness of Delivery: I only received the PCN today, on the 14th day after the issue date, which is also the last day to pay the discounted rate. Does the timing of delivery affect PoFA compliance? 2. PoFA Compliance: : I’ve read that PoFA is important for determining whether the registered keeper (me) can be held liable if the driver isn’t named. From what I see:
- The PCN includes the entry and exit times and explains the breach (overstaying), but I’m unsure if it includes all the necessary PoFA wording.
- It mentions keeper liability and gives 28 days to pay or provide driver details, but I’m not sure if the specific PoFA wording is there.
3. Parking Limit Change:sudden reduction from 3 hours to 2 hours without clear signage or prior notice is very concerning. I feel this is unfair since many of us have been used to the 3-hour limit for years.
4. Appeal or Pay?: Today is the last day for the discounted £42 rate. Should I pay or appeal?

I’d appreciate any advice—attached both sides of the PCN (with personal info removed). Thanks in advance!

b789 · « **Reply #1 on:** October 01, 2024, 02:36:34 pm »

Nobody pays Horizon. The Notice to Keeper (NtK) is basically PoFA compliant. The fact that you received it more than 14 days after the date of the alleged contravention is irrelevant unless you can evidence that it was only received on that date. The only criteria that PoFA requires is that the NtK is deemed as given by the 14th day. PoFA allows two working days for delivery from the issue date of the PCN.

So, the alleged contravention date was Friday 13th September. The PCN was issued on Thursday 19th September. Therefore it was deemed given on Monday 23rd September, 10 days after the date of the alleged contravention.

So, there is no obvious PoFA failures and the Keeper can be liable for the charge. However, you say that the terms of parking changed recently from 3 hours to 2 hours max stay. How recently? Within the last 4 months?

If so, were the change in terms prominently signposted? The BPA Code of Practice (CoP) state at section 27.10:

Quote

Material change - notices
27.10. Where there is any material change to any pre-existing terms and conditions that would not be immediately apparent to a motorist entering controlled land that is or has been open for public parking, you must place additional (temporary) notices at the site entrance for a period of not less than 4 months from the date of the change making it clear that new terms and conditions/charges apply, such that regular visitors who might be familiar with the old terms do not inadvertently incur parking charges.

The first thing that you should do is try Plan A which is to ask ASDA to get the PCN cancelled. ASDA can request the cancellation of the PCN if you can show you were a patron of WBAC.com operating under ASDA’s permission. You should also ask WBAC.com to try and get the PCN cancelled.

If Plan A is not successful, then Plans B and C are appeals to Horizon and then POPLA if necessary. Ultimately, Plan D is the most likely to be successful, claim in the county court small claims track.

Please answer the questions about when the change in terms was made and whether they complied with section 27.10 of the BPA CoP.

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Author Topic: Horizon Parking PCN – PoFA Compliance & Sudden Change in Asda Parking Limit (Read 77 times)

zunaster

Horizon Parking PCN – PoFA Compliance & Sudden Change in Asda Parking Limit

b789

Re: Horizon Parking PCN – PoFA Compliance & Sudden Change in Asda Parking Limit