Horizon Parking Ticket

kayola

http://tinypic.com/m/jrpk5t/4

http://i66.tinypic.com/2pt7bdt.jpg

http://tinypic.com/r/246kp5y/9

http://i66.tinypic.com/246kp5y.jpg

Please find as stated above

kayola

Hello Folks,

Please i lost at POPLA and presently do not know what to do.? My fear is should i pay or I should wait till Horizon Parking possibly through Gladstone take me to Small Claim Court. Also i dont know whether i have strong chance to win at small claim court in view of the fact that i have been identified by my spouse as the drive. Please advise me genuinely. I am totally confused. Popla did not look into all the details i provided in aspect of signage not too clear.

Coupon-mad

This is pretty frustrating, you said when you first posted:

the vehicle was registered in my wife’s name and but bad enough she has provided my name as the driver.

and we now see that the PCN was served a month after the event, so your wife was never liable and she (as keeper) would have won easily at POPLA. Just goes to show not to name the driver. That was a terrible decision, should have researched this better from the start.

Sit tight and come back if Horizon try a small claim, is the answer, like here with ECP, another person who appealed before they came to this forum and shot some toes off too:

https://forums.moneysavingexpert.com/discussion/5571642

Next time, come here FIRST and the best appeal is always from the keeper.

Sit tight, ignore the debt demands, come back if you get a Gladstones claim. At least they are hopeless in most cases and we've never lost one v Gladstones solicitors (who Horizon sometimes use) nor have we even seen them go to a hearing after a forum defence was supplied.

DO NOT PAY FOR AN EASY LIFE, THAT WOULD BE SPONSORING THE DESPICABLE INDUSTRY AND FUNDING THE NEXT FAKE PCNS AGAINST POOR VICTIMS.

kayola

i will keep you posted. Thank you.

Coupon-mad

Good - you do know that no CCJ is risked as long as you do not ignore court papers? Even if they try, and you defend but lose in court (which has NEVER happened on this forum) there is still no CCJ if the losing party then pays within 30 days.

So there is no risk in sitting tight, as long as you keep all letters and if you move house within six years you will have to tell them, to ensure no late claim form arrives to an old address.

mattwilson_2

Dear All - I realise that this thread is now a bit old, but I do get a lot of help from these forums in general and I wanted to share my recent success against Horizon. :beer::j:T

I received a PCN from them in September 2017 at Sainsbury's Stanway (near Colchester), even though I stopped for 30 minutes to drink a coffee and take a break on my journey at 0200 in the morning on a Sunday when the store was deserted and closed. Despite having this reason as a request to cancel the PCN from their automated cameras, I did not use this justification - I saw another angle on this forum or another which takes Horizon on by a technicality - and it seemed to work just fine! Here below a transcription of the appeal and the eventual response from them:

HORIZON PARKING CHARGE NOTICE APPEAL TEXT - (enter this in the online form to them)

I am appealing as the keeper and ONLY Schedule 4 of the POFA (or evidence of who was driving) can cause a keeper appellant to be deemed to be the liable party. The PCN makes no attempt to pass liability to the keeper after 28 days. A vehicle can be driven by any person (with the consent of the owner) as long as the driver is insured.!

There is no dispute that the driver was entitled to drive the car and I can confirm that they were, but I am exercising my right not to name that person. As the keeper of the vehicle, it is my right to choose not to name the driver, yet still not be lawfully held liable if an operator is not using or complying with Schedule 4.!

This exact finding was made in 6061796103 against ParkingEye in September 2016, where POPLA Assessor Carly Law found: ''I note the operator advises that it is not attempting to transfer the liability for the charge using the Protection of Freedoms Act 2012 and so in mind, the operator continues to hold the driver responsible. As such, I must first consider whether I am confident that I know who the driver is, based on the evidence received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge. As I am allowing the appeal on this basis, I do not need to consider the other grounds of appeal raised by the appellant. Accordingly, I must allow this appeal.''[/INDENT]

REPLY FROM HORIZON (about a month later and after emailing them 3 times for a response):

Dear Sir,

Thank you for your recent correspondence regarding the above Parking Charge Notice.

I can confirm the Parking Charge Notice has been cancelled in full and no further action will be required in regard to this matter.

Kind Regards

C Montague




Horizon Parking Limited
Appeals Department
Horizon Parking Limited

A: Finitor House, 2 Hanbury Road, Chelmsford, Essex, CM1 3AE