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Horizon Parking

After looking for a similar case to mine for a couple of hours I have decided to bite the bullet and potentially get blasted for starting a new thread but here goes

My hubby has today received a parking charge from Horizon for Sainsburys in Kettering. It seems it was me who overstayed the time on the ticket bit he is the registered keeper so he got the letter. The parking was paid for 2 hours and it looks like I overstayed by 15 minutes or so (can't be sure as no time of ticket expiry just time it was booked by parking warden) It will have been a short time as I always buy a ticket and never had a problem here before. The ticket says the right to reduced payment is lost as too late.
The carpark has 30 minutes free and the £1 for two hours I wonder if there is any point is appealing that I didn't even have 30 minutes 'free" as the ticket was given 15 minutes(ish) after expiry of the ticket I bought. In effect if I had not bought a ticket for 15 minutes I would not get a penalty charge as 30 minutes are free. 30 minutes are not really free if the take them off your 2 hours when you pay IYSWIM.
I had thought of just ignoring it but I think this is a bad idea after reading other peoples stories
Any advice welcome
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Comments

  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    Right, need a bit more information, you mention your husband has received something but that there was a ticket too? Was there a ticket attached to the windscreen of the car? Was this then followed up by a letter to your husband? If so what are the dates.

    If your husband has received a letter then he should appeal it as the registered keeper. There is a template appeal letter in the newbies sticky thread at the top of the forum (https://forums.moneysavingexpert.com/discussion/4816822). Once you've send that off wait for their reply. If they reject the appeal you can then appeal further (to POPLA). Again advice is available in the sticky thread. You could mention the 30 minutes thing, but make sure you also cover all of the other points in the appeal letter (pre-estimate of loss, signage etc).
  • HO87
    HO87 Posts: 4,296 Forumite
    edited 9 March 2014 at 4:25AM
    By way of background:

    Horizon Parking is the latest parking operation run by Bernie Dickson previously owner of Town & City Parking before it was bought out and became Smart Parking - the well-known oxymoron. Bernie became a director of the then joint operation but left very hurriedly only a few months later. Smart have disclosed to shareholders that they are in a legal dispute with Mr Dickson which suggests that they may be laying the ground for a future pay-out, should they need to make one.

    During Bernie's reign at TCP Towers in Perth the issuing of proceedings for non-payment of PCN's was rarer than hen's teeth such that that poor hen could only have ever gummed you to death. Understandably, it seems, TCP's focus was on those who did pay rather than those who wouldn't or couldn't.

    However, they barked their shins a few times when it came to adhering to BPA guidelines repeatedly using the "p" word (Penalty) on their signs - especially at Asda's for some reason? So much of a problem did it become (perhaps because of the numerous complaints to the DVLA, BPA and Trading Standards generated from this very forum) that the BPA eventually cut a deal allowing TCP - then - 14 months to get their signs sorted.

    On the basis of what the OP has to say, getting their signs to match what happens on the ground would appear to be a problem that may dog Bernie in his latest venture as well as the last.

    The indications at the moment are that Horizon will continue to plough the furrow originally navigated by TCP. So I wouldn't be too concerned at this stage about the prospect of court.

    Although we would need to see the wording of the signs to confirm things it seems to me that the OP may well have a claim against Horizon for breach of contract. If Horizon assert that such a contract exists extending to customers a period of free parking of 30 minutes at which point charges kick-in then by issuing a PCN in respect of a total stay of 2 hours 15 minutes there would seem to be a gross breach.

    If the OP is able to advise us of the exact wording - better still a photo of the signs then we could judge more accurately.

    @Change2011 - For the moment, continue to prepare your appeal to Horizon but if we could understand the wording of the signs we may well be able to kill this dead with a single letter. Are you able to obtain a photo (of sufficient quality that we can read the sign)?

    You also have a Personal Message
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    I think that the OP has misunderstood the T & C. Could it be, if you wish to park for half and hour or less you get a ticket and pay nothing. If you wish to park for two and a half hours you get a ticket for half an hour, and after that, return to the park and buy a £1 ticket which allows you to park for a further two hours. If you arrive at the car park and immediately buy a ticket you only get two hours.

    She has not lost any free time. She should forget all that stuff and concentrate on contract, losses, and signage.
    You never know how far you can go until you go too far.
  • Plushchris
    Plushchris Posts: 3,592 Forumite
    The_Deep wrote: »
    If you arrive at the car park and immediately buy a ticket you only get two hours.


    This is certainly how it works in my local Sainsburys car park "managed" by Horizon
    Missing Tesco R&R since Feb '07 :A & now a "Tesco veteran" apparently! ;)
  • HO87
    HO87 Posts: 4,296 Forumite
    The signs will tell the story. Horizon's forerunners have form for stuffing them up.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • Coupon-mad
    Coupon-mad Posts: 163,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hubby, as he is the registered keeper, sends the template appeal in the NEWBIES sticky thread (top of the forum) and you/he should complain to Sainsburys, the CEO, by email.

    Similar threads (even one from the same car park!):

    https://forums.moneysavingexpert.com/discussion/4823414

    https://forums.moneysavingexpert.com/discussion/4818009


    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Change2011
    Change2011 Posts: 13 Forumite
    Thanks for all replies, I had seen the one about the same car park but it didn't answer the 30 minute question that I was querying. I will have a look at PM and letter for hubby to appeal, There was a ticket but I don't have it as I thought Pfft they won't chase me for 15 minutes when they offer 30 for free lol wrong!
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    I thought Pfft they won't chase me for 15 minutes when they offer 30 for free lol wrong!

    Wrong indeed. Now forget about all that and familiarise yourself with the Law of Contract.
    You never know how far you can go until you go too far.
  • Hi All

    Thanks for all advise, Called in to Sainsburys today and the manager is going to cancel the ticket with Horizon. I said that I was guilty as charged but that it was a bit harsh, he agreed so all is good

    Thanks again
  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    Excellent news. Keep an eye on it though. Did you get any sort of written promise from the manager? If it's getting towards then end of the appeal time limit and you still haven't heard anything then chase it up. You need some sort of proof that the charge has been cancelled. Better to be safe than sorry.
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