Author Topic: PCN Appeal – Horizon Parking Ltd – Royal Forest Hotel Location  (Read 1652 times)

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PCN Appeal – Horizon Parking Ltd – Royal Forest Hotel Location
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I received the PCN below for the reason stated as “Failure to pay or register for the full duration of stay (ANPR).”

At the time, I was conducting a driving lesson and using the car park to practise manoeuvres. I also parked briefly and exited the car park to explain the route to my student. I do not recall seeing any signage, although I accept that there may have been signs in place.

In hindsight, it was probably not the most appropriate location to carry out this activity. I would appreciate advice on whether there are any valid grounds for appeal, or if it would be better to pay the reduced amount within the early payment period.



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Re: PCN Appeal – Horizon Parking Ltd – Royal Forest Hotel Location
« Reply #1 on: »
They don't appear to be relying on PoFA so you could send the following response;


I am the registered keeper.

You state that your notice is not attempting to use PoFA to transfer liability from the driver to the registered keeper.

As your notice is not PoFA compliant I will not be accepting any liability for the outstanding parking charges.

The driver is not known to you and I will not be providing any driver details.

Your options are;

Cancel the notice

OR

Waste more money and provide a POPLA Code.


Many thanks,

xxxxxx xxxxxxxx

Re: PCN Appeal – Horizon Parking Ltd – Royal Forest Hotel Location
« Reply #2 on: »
Apologies, I’m still getting my head around all of this and just want to make sure I’m doing the right thing.
Is it ok to send the below template, along the lines of the below?

PCN NO: XXX
Vehicle Registration: XXX

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 your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you
are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial
compliance is not sufficient. There will be no admission as to who was driving and no inference or
assumptions can be drawn. UKPE 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. UKPE have
no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Re: PCN Appeal – Horizon Parking Ltd – Royal Forest Hotel Location
« Reply #3 on: »
Looks good.

Re: PCN Appeal – Horizon Parking Ltd – Royal Forest Hotel Location
« Reply #4 on: »
Apologies ive just realised I added the wrong template which was one my uncle gave me for UKPE.

Please let me know if the below is ok to send off?

Many Thanks

PCN No: [XXXX]
Vehicle Registration: [XXXX]
I am the registered keeper of the vehicle and I dispute your parking charge.

Your Notice to Keeper does not invoke or rely upon Schedule 4 of the Protection of Freedoms Act 2012 and therefore you are unable to transfer liability to the keeper.

As you have chosen not to use the provisions of POFA, only the driver can be held liable. I am under no obligation to identify the driver and I will not be doing so.

There is no legal basis to pursue me as keeper and any suggestion otherwise would be misconceived.

Please therefore cancel the PCN or issue a POPLA code so that the matter may be referred to independent adjudication.

I do not consent to the processing of my data beyond that necessary to respond to this appeal.

Re: PCN Appeal – Horizon Parking Ltd – Royal Forest Hotel Location
« Reply #5 on: »
Again, looks fine.

I wouldn't over think things too much at this point.

The operator will almost certainly come up with a 'reasonable assumption' based argument as a response as they have no other option.

Re: PCN Appeal – Horizon Parking Ltd – Royal Forest Hotel Location
« Reply #6 on: »
Horizon are one of the few who do often give up when they know they've not complied with PoFA.
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

Re: PCN Appeal – Horizon Parking Ltd – Royal Forest Hotel Location
« Reply #7 on: »
Perfect — I’ve submitted the appeal to Horizon Parking and will keep you updated on the outcome.

Thanks again for your help.