Help please - Horizon Parking Fine

meganmeg_2

Hi,
So I've been reading through all the forum posts on here regarding parking fines and Martin Lewis' advice, but found nothing similar to my problem.

Basically, I had a parking fine from Horizon Parking, for parking in a Sainsbury car park. It's clocked me just over an hour late. The car park is free parking for 3 hours. I knew this, but suddenly felt ill while shopping. As a result of being sick several times and feeling faint, I was obviously late back to my car. I have no proof this happened. I was alone.

I've been given different advice. First is to just ignore it. Chances are they won't take me to court over a £60 fine. They will try the bullying tactics etc, but just to continue to ignore it. Several people I know have had parking tickets in the same car park, and they have all said eventually they gave up and stopped sending letters. But it would just be my luck, I get taken to court!

But then others have said I should appeal, as I have a genuine reason. But I'm thinking I have no proof, so surely they won't accept this as a valid reason? Otherwise people could try it on all the time?

Then I've been told to just email them and say I refuse to pay the fine, as it's a free car park and £60 doesn't equal their losses.

Anyone have any experience with something similar to this? Or have experience with Horizon parking? What are the chances of them actually taking me to court over a £60 fine?

Thanks, Megan.

pappa_golf

https://forums.moneysavingexpert.com/discussion/5421169

meganmeg_2

Thanks pappa golf, but this wasn't number plate recognition. It was an actual ticket warden, so therefore can't claim I left the car park and returned. It's also worth saying I've already contacted the store, and they didn't want to know. Told me to sort it with Horizon, as it's nothing to do with them.

pappa_golf

so , is it a different person/department at sainsbury,s if there is a ticket on the car?

get complaining to the manager , show him your recepts /bank statement

meganmeg_2

I've already been in and spoke to them, and emailed Sainsbury head office. I just keep being told the same thing, it's nothing to do with them and they can't help. I also ended up leaving my shopping, so didn't buy anything or get a receipt, which is why I have no proof to send to Horizon. All I have is my word, which is highly unlikely they will believe.

pogofish

Please start by reading the Newbies Sticky at the top of this forum, not the appallingly out of date "official" MSE advice!

And stop calling it a fine. Its not!

pappa_golf

send the template letter from the newbies link ,

Umkomaas

Chances are they won't take me to court over a £60 fine.

They have 6 years to pursue you to court. Are you sure you're confident of your 'chances' between now and 2022?

3 years ago, ParkingEye never took anyone to court. Now they issue 30,000 court papers each year.

You need to address the charge, initial appeal, followed by a POPLA appeal to get this killed off.

Do plenty of research via the NEWBIES FAQ sticky.

meganmeg_2

I think I understand the newbies sticky (after reading it several times). I've read that many things, my brain is slowly frying so apologies! I've checked, Horizon are a member of the BPA but not the IPC.

Am I right in saying to send this letter around day 26 after receiving the notice on my window screen? At this point do I need to mention the driver was ill? Or shall I leave that until a later date?

Dear!{name of IPC member, only IPC members for this version!!!}

Re PCN number:!

I am not ignoring your charge for a purported parking infraction. As the driver has not been identified, I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company? I require their contact details and the full identity of the landowner.
2. Is your charge based on damages for breach of contract? Answer yes or no.!
3. If the charge is based on damages for breach of contract please provide your justification of this sum.
4. Is your charge based on an agreed 'fee' for the provision of parking? Answer yes or no. If so, please provide a valid VAT invoice for this 'service'.!
5. Please provide a copy of the signs that you can evidence were on site and which you contend formed a contract with the driver on that occasion, as well as all photographs taken of this vehicle.

Do not send debt collector letters and do not add any costs which would be a thinly-veiled attempt at 'double recovery', specifically prohibited by the POFA 2012 Schedule 4. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data. For the avoidance of doubt, I do not consent to my data being shared or processed by you or your agents.

I contend you have failed to establish keeper liability. So, to continue to process my data now that you have exhausted your only DVLA-allowed purpose (i.e. to invite me to name the driver, which I decline outright) would be wholly unreasonable and contrary to the Data Protection principles. To share, sell, store or process my data at all now you are aware that you have no further excuse or reasonable cause, will be data misuse and I will report you to the Information Commissioner.!

I deny liability for any sum at all and you should consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days.

Yours faithfully,!

Umkomaas

I've checked, Horizon are a member of the BPA but not the IPC.

Dear!{name of IPC member, only IPC members for this version!!!}

I think I understand the newbies sticky

I'm not sure you're quite there with the newbies sticky yet.

meganmeg_2

Apologies, posted the wrong version!

Dear Sirs

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

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

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.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You have omitted clear information about the process for complaints including a geographical address of the landowner.

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.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,