Horizon - Ticket attached to windscreen TEMPLATE HELP

Fruitcake

SnowWhiterThanWhite wrote: »

I called into the supermarket today, spoke with the duty manager. She said I should speak with Horizon and explain the situation to them and she felt sure they would understand??
I took in the original ticket and also the repair bill from the garage regarding work done to the car a week after the breakdown.

She then went on to say that if they didn't cancel the ticket to go back to her and she would see what she could do.
Shall I do this or just continue to ignore at this stage?
The parking is free for 3 hours, he was issued a ticket 17 minutes after this 'free' period.
Have taken a pic of the sign and will post in a mo.

The duty manager has no idea what he/she is talking about. As advised, wait for the NTK. Never 'phone a PPC.

stator

Do you have any paperwork for the car , towing or repair receipts?

Anyway I would stop talking to the manager in person, write everything in letters.
Write a letter to Sainsburys explaining the cirumstances and ask them to write to Horizon requiring them to cancel the charge.
Write an appeal to Hozion giving the basics and they will probably reject your appeal and give you a POPLA Code. Use this forum to draft a POPLA appeal.


If Sainsburys can get the charge cancelled, good. If they can't you need to rely on POPLA, but do them both at the same time.

Annie1960

Read the newbies sticky.

Mitigating circumstances arguments never win. When the NTK arrives, appeal to Horizon using the standard arguments.

Draft your appeal and post it in this thread for comments before you send it.

SnowWhiterThanWhite

Annie1960 wrote: »

Read the newbies sticky.

Mitigating circumstances arguments never win. When the NTK arrives, appeal to Horizon using the standard arguments.

Draft your appeal and post it in this thread for comments before you send it.

Will do. Cheers

SnowWhiterThanWhite

Have now received the REMINDER NOTICE.
I have drafted the reply, mostly from the template, highlighting the wording I'm not too sure about (IAS/POPLA)
Would you mind checking it through to confirm OK to send. Also, whether I should or shouldn't include a paragragh of mitigation (re car broken down)

Thank you

Date


Dear Sirs

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

I challenge this 'PCN' as keeper of the car, on these main grounds:

a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is a disguised penalty and not commercially justified.
b). As keeper I believe that the signs were not seen, the wording is ambiguous and the predominant purpose of your business model is intended to be a deterrent.
c). There is no evidence that you have any proprietary interest in the land.
d). Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations.
e). There was neither consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.

The landowner will be made fully aware of this matter and your response, which I will forward to their CEO when I complain in writing and via social media, as appropriate.

The purpose of this communication is:

1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. As such, you must either rely on the POFA 2012 or cancel the charge. I suggest you uphold this challenge now or alternatively, send a rejection letter - subject to accepting my claim for costs as clearly stated below, since you have no case.

2. ''Drop hands'' offer
The extravagant 'parking charge' is baseless but I realise that you may have incurred nominal postage costs. Equally, I have incurred costs to date, for researching the law and responding to your junk mail dressed up to impersonate a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15. Therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days without further expense and I will not pursue you for my costs. If you persist then I will charge in full for my time at £18 per hour plus my out-of-pocket expenses and damages for harassment.


3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered by you and certainly was not expressly agreed. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - IAS or POPLA, then the contract ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies. The Consumer Contracts (Information, Cancellation & Additional Payments) Regulations apply now to every consumer contract, save for a few exemptions, which parking contracts are not. It is the will of Parliament following the EU Consumer Rights Directive, that express consent is obtained for consumer contracts now - not implied consent - and that information is provided in a durable medium in advance.
You have failed to meet these requirements. The foisting of unexpected contracts like this on consumers, by stealth, is a thing of the past.

I look forward to receiving your acknowledgement within 14 days and your comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8).
If you reject this challenge or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you acknowledge with the necessary ‘POPLA code’ so that I may immediately refer the matter for their decision.
Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.
By replying to the challenge you are acknowledging receipt and acceptance of points 2 and 3 above. If you decide to persist with this unwarranted threat, I will be put to unnecessary expense and hours of time in appealing or defending this matter. As such, you will be liable for my costs and a pre-estimate of my loss - and in contrast with yours, mine is genuine - is that this sum will be likely to exceed £100.


Yours faithfully,


{the registered keeper's name}

Fruitcake

You have bullet points a to e but then only expand on three of them numbered 1 to 3.

The template is a ready use item and doesn't need modifying so my advice is to use it as it is.

Horizon are BPA members so they will either cancel when they see a full forum appeal, or they will give you a PoPLA code that you use to make a second appeal, cost Horizon money, and win.

SnowWhiterThanWhite

Fruitcake wrote: »

You have bullet points a to e but then only expand on three of them numbered 1 to 3.

The template is a ready use item and doesn't need modifying so my advice is to use it as it is.

Horizon are BPA members so they will either cancel when they see a full forum appeal, or they will give you a PoPLA code that you use to make a second appeal, cost Horizon money, and win.

Thanks, will amend and repost tomorrow.
Should this be sent recorded delivery, proof of posting only or email?

enfield_freddy

if you don,t get a reply , just proof of posting as they don,t like signing in case they are ccj,s

waamo

Free proof of posting is the preferred option.

bod1467

It's OK - Fruit has mis-read your post. As this is a PPC appeal not a POPLA/IAS appeal then appeal points a to e are correct ... the numbered items are separate from the appeal points and bear no relation to them.

Your appeal is fine as it is ... it is the template appeal minus the rant paragraph.

In terms of POPLA or IAS ... it is POPLA, as Horizon are BPA AOS members.

http://www.britishparking.co.uk/approved-operators