Author Topic: Horizon Parking Charge - Fort William Travelodge  (Read 589 times)

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Horizon Parking Charge - Fort William Travelodge
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Hi,

Hopefully someone will be able to assist.  Today I, as the registered keeper, received a Parking Charge form Horizon Parking Ltd from Fort William Travelodge with the issue reason as: Failure to Register for Full Duration of Stay.

The sequence of events are:

01:27 15 Jun 25 vehicle is photographed entering Travelodge car park - car park is dark due to it being the middle of the night - only headlights and front number plate is visible. 
Driver parks vehicle and then enters the Travelodge, spending a short period of time resting before departing early to catch a ferry. At no stage was the driver informed by any member of staff that the vehicle had to be registered.
06:43 15 Jun 25 vehicle is photographed leaving the Travelodge car park.

This is the first parking charge I have received for a vehicle I wasn’t driving so, I have a few questions:

•   I was not the driver at the time - do I legally have to either, pay up or, inform them who the driver was?
•   The alleged offence occurred on the 15 Jun and I have only received the parking charge today (2 Jul), is this beyond the maximum time required for notification?  (The parking charge issue date on the paper work states 23 Jun but I cannot believe that it would take 9 days for RM to deliver a letter)
•   As am not disputing that the vehicle was in the car park at the times stated, what should my next steps be?

Unfortunately, the car park in question is too far away to allow a re-visit to take photographs.  I can upload a pdf of the parking charge if required, once I have figured out how to remove personal information from it.

Thanks in advance.

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Re: Horizon Parking Charge - Fort William Travelodge
« Reply #1 on: »
• I was not the driver at the time - do I legally have to either, pay up or, inform them who the driver was?
No, and no.

There is no keeper liability in Scotland - as long as you don't tell them who was driving, you're in the clear (and so is the driver)

Re: Horizon Parking Charge - Fort William Travelodge
« Reply #2 on: »
Redacted PCN

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Re: Horizon Parking Charge - Fort William Travelodge
« Reply #3 on: »

No, and no.

There is no keeper liability in Scotland - as long as you don't tell them who was driving, you're in the clear (and so is the driver)
[/quote]

In that case do I just attempt to log onto their portal and tell them I was not the driver?  Or will it require an appeal and/or a formal letter?

Re: Horizon Parking Charge - Fort William Travelodge
« Reply #4 on: »
Don’t contact them at all, there’s no point. Once you bite, they won’t want to let you go.

Re: Horizon Parking Charge - Fort William Travelodge
« Reply #5 on: »
I would advise you appeal as it is doubtful that even POPLA would let this one pass.

Easy one to deal with... as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

For now, there is no Keeper liability in Scotland which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

Quote
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 there is no Keeper liability in Scotland, you are unable to hold the keeper of the vehicle liable for the charge. 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.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Horizon Parking Charge - Fort William Travelodge
« Reply #6 on: »
That's great news, thank you all for your help and quick replies. 
I'll appeal as shown above and update here if there is any news.
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