Author Topic: Horizon PCN - NtK POFA or not?  (Read 96 times)

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SaltEndian

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Horizon PCN - NtK POFA or not?
« on: October 08, 2024, 11:04:01 am »
I received the following NtK from Horizon:



I understand some of their more recent NtKs are now POFA compliant, but unsure if this one is.

Would the following be a suitable appeal?

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Dear Sirs,

I have received your Parking Charge Notice XXXX for vehicle registration mark XXXX, in which you allege that the driver has incurred a parking charge.

I am appealing this notice on the grounds that I have no liability for this matter as the registered keeper of the vehicle.

I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. As I have no liability for this charge, I look forward to your confirmation that my appeal has been accepted and you will not be seeking to recover this charge from me.

Yours
« Last Edit: October 08, 2024, 01:49:44 pm by SaltEndian »

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DWMB2

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Re: Horizon PCN - NtK POFA or not?
« Reply #1 on: October 08, 2024, 11:10:26 am »
It would, but that notice says it was issued at the end of July, is there a reason you haven't appealed before now?

SaltEndian

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Re: Horizon PCN - NtK POFA or not?
« Reply #2 on: October 08, 2024, 11:22:59 am »
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is there a reason you haven't appealed before now?

A mix of head in the sand about it, and other aspects of life getting in the way.

Will the delay likely affect the chances of success?

WhoLetTheScamsOut

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Re: Horizon PCN - NtK POFA or not?
« Reply #3 on: October 08, 2024, 11:45:42 am »
Yes they are 99% likely to reject it based on the fact you appealled it outside the window and your most likely option will be small claim court to finish this once and for all.

SaltEndian

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Re: Horizon PCN - NtK POFA or not?
« Reply #4 on: October 08, 2024, 11:57:22 am »
Actually, I can't even make the appeal :'(

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The below Parking Charge Notice was issued to the driver/registered keeper, and a subsequent reminder letter was also issued.

As per the British Parking Association’s (BPA) Code of Practice, Point 23.7, the time to challenge the charge has expired.

Please refer to your Final Demand Letter.

That's a lesson learnt. But I haven't received any further correspondence about this, so not sure how to proceed.

I guess it might be worth a strongly worded email to the leisure centre chain where the breech took place?

WhoLetTheScamsOut

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Re: Horizon PCN - NtK POFA or not?
« Reply #5 on: October 08, 2024, 12:37:32 pm »
That shouldve been plan A but i dont think it’s late to try so try it asap.

DWMB2

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Re: Horizon PCN - NtK POFA or not?
« Reply #6 on: October 08, 2024, 12:41:20 pm »
Definitely try the leisure centre, but you may be wise for your tone to be dictated by the nature of the situation (about which we currently know very little).

The alleged breach is that the driver failed to pay for the duration of the stay? Is that the case? If so, you might be wise to be somewhat gentler with your tone, as you would essentially be appealing to their good nature. If it's the case that the charge shouldn't have been issued at all, you may wish to be more firm, but bear in mind your email will be read by a human being, who may be more amenable to helping you if you are firm but polite.

SaltEndian

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Re: Horizon PCN - NtK POFA or not?
« Reply #7 on: October 08, 2024, 01:01:14 pm »
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the nature of the situation...

Accidental overstay - we've been a loyal customer of the leisure centre for many years. Use it weekly for multiple children's swimming lessons, football etc. On this occasion we'd booked tickets for an event held in their grounds (inflatable obstacle course). There was an issue with the equipment/generator, which meant our slot was delayed, and eventually cancelled. I believe the overstay was 19 minutes.

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shouldve been plan A but i dont think it’s late to try so try it asap.

I will get something over to them now, bearing in mind my tone.

DWMB2

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Re: Horizon PCN - NtK POFA or not?
« Reply #8 on: October 08, 2024, 01:03:53 pm »
If that doesn't work, there's no harm in sending your proposed appeal in to Horizon - they won't accept it, of course, but it will at least show that you are well-informed, and perhaps not the easy target they are hoping you'll be.

SaltEndian

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Re: Horizon PCN - NtK POFA or not?
« Reply #9 on: October 08, 2024, 01:55:00 pm »
Just received from the leisure centre:

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I can confirm I have contacted Horizon and we have waived this parking fine for you.

Main lesson learnt here is not to procrastinate :-[

Thanks for the replies and encouragement - when I realised I couldn't easily appeal I was 95% resigned to paying it :-X

DWMB2

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Re: Horizon PCN - NtK POFA or not?
« Reply #10 on: October 08, 2024, 01:56:26 pm »
Good result, thanks for the update - engaging with the landholder is always a wise option.

Yes, in future it would be wise to come here promptly, so that we can advise accordingly.

b789

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Re: Horizon PCN - NtK POFA or not?
« Reply #11 on: October 08, 2024, 02:33:45 pm »
For future reference, this is the giveaway that Horizon are not relying on PoFA:

Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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