Horizon - Ticket attached to windscreen TEMPLATE HELP

Fruitcake

bod1467 wrote: »

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

That's what I get for skim reading during my lunch break.

SnowWhiterThanWhite

Thanks

So, I've just amended Popla/IAS in point 3 to read 'If you offer - and if I decide to use POPLA, then the contract ends immediately on the date of their decision' and left everything else the same.

I will post with certificate of posting - should I wait for a certain amount of time or just send it off now?

Thanks

SnowWhiterThanWhite

When writing to the Supermarket, do I still need to write in the 3rd person?
Also, should I send details of the mitigating circumstances' to the Supermarket?

SnowWhiterThanWhite

OK. So I actually e-mailed my appeal as I could really do with this issue being over, one way or the other.
I am still waiting for a response from the Supermarket manager, won't hold my breath.
The reply from Horizon is:
Dear Mr XXX
Thank you for your correspondence concerning the above Parking Charge Notice (PCN). This PCN was issued legally and correctly according to the British Parking Association Approved Operators Scheme. Signage clearly advertises the terms and conditions for parking in the car park. There is a maximum permitted stay of 3 hours. Your vehicle was initially observed in the car park at xxx and the parking charge notice was issued at xxx. In light of this, on this occasion, your representations have been considered and rejected. Photographs taken to support the issue of this parking charge notice may be viewed at https://www.pay.horizonparking.co.uk and a copy of the car park signage is attached.
As you did not appeal the notice within 14 days of issue the amount of £60.00 remains payable. Payment methods are:
Internet: https://www.pay.horizonparking.co.uk
Phone: 0845 643 5304 (24 hour payment line)
Please be advised £1.50 handling charge will be applied to debit and credit card payments
Post: cheque payable to Horizon Parking Ltd, Waterhouse Business Centre, 2 Cromar Way, Chelmsford, Essex CM1 2QE
Although we have now rejected your appeal, you may appeal to Parking On Private Land Appeals (POPLA), an independent appeals service. To appeal to POPLA, please go to their website https://www.popla.org.uk and follow the instructions. If you would rather deal with this matter by post, please contact our Appeals Office and we will send you the necessary paperwork.
Your POPLA reference number is xxxxxxx.

I'm not sure how to represent myself at POPLA? The signs are prominent. Do I just go down the road of £60 being unfair for less than 20 mins parking (over the ltd free time?)

Thanks

Cygnus_Alpha

There is a POPLA appeal on the newbies threat that will take you 5 minutes to adapt.

Personally I would also go into the supermarket again and give them a piece of your mind. Demand (not ask) that they cancel it. Make a scene. If they say they can't then ask to speak to the person who contracted for these cowboys to issue tickets. Don't make it easy for them. Threaten to take your custom elsewhere etc.

SnowWhiterThanWhite

So, I get a call from the Manager who has apparently spent hours trying to speak with the top bod at Horizon to be told tough! Ticket issued and therefore stands.
So the landowner cannot sort this out? What a joke!

ManxRed

Who hired who here?

Horizon dictate what the supermarket can or can't do in their own car park?

I'd find out who the CEO was and complain to them.

dga1965

I would contact head office personally

SnowWhiterThanWhite

A win!! Cheers guys

The Appellant appealed against liability for the parking charge.
The Assessor has considered the evidence of both parties and has determined that the appeal be allowed.

The Assessor’s reasons are as set out.

The Operator should now cancel the parking charge notice forthwith.

Reasons for the Assessor’s Determination

That car park has a maximum stay period of three hours. A parking charge notice was issued for the reason that the Appellant’s vehicle remained in the car park for more than three hours.
The Appellant’s case is that the charge does not constitute a genuine pre-estimate of loss; the charge was unlawful; the Operator does not have authority to issue parking charges; the terms and conditions of parking were not displayed with sufficient prominence; the Operator failed to issue a valid notice to keeper; and the parking charge notice contained incorrect information.

The Operator rejects all of the Appellant’s submissions.

As regards the issue of whether a valid notice to keeper was given, liability for parking charges lies primarily with the driver; however, schedule 4 of the Protection of Freedoms Act 2012 provides that, in certain circumstances, the registered keeper of a vehicle may be held liable for parking charges incurred by the driver of the vehicle.
It is for the Operator to establish that the Appellant was the driver. The Operator has failed to provide any evidence on this point, and as such I am satisfied that in this case the Appellant must be treated as the keeper, not the driver, of the vehicle.
In order for the Operator to be able to recover unpaid charges from the registered keeper, four conditions must be met.
The second of these conditions is that: either a notice to driver in accordance with paragraph 7 of the schedule, followed by a notice to keeper in accordance with paragraph 8 is given; or, a notice to keeper in accordance with paragraph 9 is given.
These paragraphs set out the content each Notice is required to include. As liability is statutory, it is for the Operator to prove that all of the relevant content was included in the Notices.
I am satisfied that the Operator issued a notice to driver compliant with paragraph 7. However, the Operator has not produced any evidence that a notice was issued in compliance with paragraph 8. Accordingly, the Operator has failed to show that the Appellant is liable as the keeper of the vehicle.
I must therefore allow the appeal.
It is therefore not necessary for me to address the other grounds raised by the Appellant.
Jessica Hunter
Assessor

Umkomaas

Jessica Hunter. New kid on the block? Not heard of her before.

A somewhat different 'take' to chop this. I wonder if Horizon even understand it.