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  • FIRST POST
    • JoshBrux
    • By JoshBrux 14th Jun 17, 5:37 PM
    • 3Posts
    • 0Thanks
    JoshBrux
    Haven't received initial PCN letter.
    • #1
    • 14th Jun 17, 5:37 PM
    Haven't received initial PCN letter. 14th Jun 17 at 5:37 PM
    Hi, my girlfriend has come back home (After living away at uni) and has received a 'Reminder notice' dated 27th May from Horizon Parking regarding a ticket that was issued back on 23nd April 2017, now according to this letter, the "PCN" was issued on the 28th of April, however we received no letter of communication regarding this.

    We've looked the forums and FAQ's and as excellent as they are, can not seem to figure out where to go next, as the BPA templates only seem to be for the first letter received and they have already contacted the DVLA to confirm the registered keepers details of the car.

    Could anyone be of any help regarding this, its come completely out of the blue. I read somewhere that Horizon don't abide by POFA, so do we FAQ guide, an is it too late for us to be given a POPLA number?
    Last edited by JoshBrux; 14-06-2017 at 5:40 PM.
Page 1
    • Umkomaas
    • By Umkomaas 14th Jun 17, 5:40 PM
    • 13,213 Posts
    • 20,658 Thanks
    Umkomaas
    • #2
    • 14th Jun 17, 5:40 PM
    • #2
    • 14th Jun 17, 5:40 PM
    Work on the basis that this is the NtK and appeal using the initial appeal for BPA members (blue text) and see how they handle it.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • JoshBrux
    • By JoshBrux 14th Jun 17, 5:55 PM
    • 3 Posts
    • 0 Thanks
    JoshBrux
    • #3
    • 14th Jun 17, 5:55 PM
    • #3
    • 14th Jun 17, 5:55 PM
    Thank you for the reply Umkomass,

    Just to clarify as I don't want to do this wrong,

    "Dear Sirs

    Re: PCN No. ....................

    I challenge this 'PCN' as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,"

    I need to send this to Horizon Parking directly?
    • Umkomaas
    • By Umkomaas 14th Jun 17, 6:42 PM
    • 13,213 Posts
    • 20,658 Thanks
    Umkomaas
    • #4
    • 14th Jun 17, 6:42 PM
    • #4
    • 14th Jun 17, 6:42 PM
    That's the one. Can't guarantee how they will handle it, but the best to hope for is a rejection and POPLA code (hardly anyone gets a cancellation at initial appeal stage).

    If they handle it some other way, we can then guide you further.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
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