Free Traffic Legal Advice

Hello FTLA,

*Removing Imgur link until I can amend*

Received Horizon notice for failing to pay for parking.
This is at a hotel car park. Guests of hotel.
Horizon's evidence shown of entering the car park and leaving the car park hours later.
However, the car entered the car park and immediately left. The car park only has approximately 20 spaces.Car arrived at 1:34 and left at 1:34.
Parked on the council owned street that night.
Picture 2 on the notice shows the car re-entering the car park the next morning, not leaving as the notice says. This was paid for and sent as part of evidence.

How do we get Horizon to understand that they've captured two separate sessions? Did not park at 1am.

1. Entered car park, no spaces available. Immediately left.
2. Entered car park, parked and paid. Have payment confirmation.

Horizon have rejected initial appeal. Their response is on the imgur link
Hotel location here: https://maps.app.goo.gl/Uv5H7BjzqZR18Cn77 and here: https://maps.app.goo.gl/duP6tVFcYLhNA32h7

Would like to know how to approach Horizon again. Also, is it worth contacting the hotel?

Thank you,

When you appealed, did you do so as the keeper or did you identify as the driver? This is important as the the Notice to Keeper (NtK) is not PoFA compliant and driver liability cannot be transferred to the keeper.

If the driver has not been identified, the easiest way to get rid of this would be to tel Horizon to go chase the driver, which they can’t unless the keeper has identified as such or provided the drivers identity to them. Catch-22 for Horizon. If the keeper did identify as the driver, go to phase two…

As this is a case of “double dipping”, Horizon have breached their own Code of Practice by not performing a quality control check on their ANPR evidence. They have also breached the KADOE contract and obtained the keepers data illegally which is a breach of the keepers GDPR.

Do you have evidence of having been parked at the council car park during the period that Horizon say you were at the car park they operate? A receipt for parking?

The new joint CoP specifically mentions “double dipping”. You can read and see where they have breached the CoP at section 7.3(d). In particular, read Note 1 immediately following that section.

As they have breached section 7.3(d), you would be perfectly within your rights to sue them for a breach of your GDPR.

Regarding the hotel, you should always tell them to call off their agents if they are the contracting party.