Email from Director of Horizon admitting no landowner authority potentially

surveyor_101

Ok so after getting a Tesco ticket from Horizon check their directors response after they ignored me I sent a Section 10 notice>

Mr.

Thank you for your email.

We have investigated into this matter and as previously confirmed you the Parking Charge Notice (PCN) has been cancelled in full with no further action. All of your personal data has therefore been deleted.

The spaces as you confirm are under the lease of the Party on Warehouse and therefore the PCN was issued incorrectly.

We have therefore reiterated the spaces that are to be managed and further to this contacted the Party on Warehouse who are in agreement that are management can now also cover their spaces. This ensuring any further issues can be avoided and for the whole car park to be protected.

Thank you for raising the matter, and apologies for any inconvenience.

We trust this closes the matter.

Kind Regards,

Will Dickson


Will Dickson
Director , Horizon Parking Limited


P: 01245 392 289
| M: 07899 060 832


E: will.dickson@horizonparking.co.uk
| W: https://www.horizonparking.co.uk


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

System

Translation?

[Deleted User]

So, if I read it correctly:

1. This is a shared car park or area abutting two retail premises.
2. The parking restrictions apply to spaces on "Tesco land" as Tesco contracted with Horizon.
3. However, the o/p falling foul of whatever the signs may have said, had the good fortune to park in a space leased by the other retailer "party warehouse land"
4. Whilst he had no entitlement in law to ticket, do KADDOE requests etc, Horizon are happy they've fixed the problem as they've now got permission to ticket everyone.

If that is correct, you may wish to consider the position in relation to misuse of your personal data.

Johno100

Plus of course anyone else who has parked on the Party on Warehouse area of the car park, received and paid an Horizon Parking ticket may be entitled to a refund.

Perhaps it might be worth the OP contacting the local newspaper, I'm sure it is the sort of thing they might be interested in.

System

Here is the site with the Horizon drones looking lost

https://ibb.co/e14esF

surveyor_101

They have failed to prove they had landowner authority and failed under BPA Code of conduct. They have therefore also obtained my details from DVLA unlawfully as I understand it as the space I was parked in was nothing to do with Tesco who which the are contracted.

I didn't have the good fortune the TPW have been there long before tescos and the planning consent shows these spaces as TPW. I knew when I parked in them and visited TPW they were nothing to do with tesco hence I was concerned they had issued a ticket.

I am fed up with these half arsed attempts at extorting money out of people by PPC who dont even seem to know what spaces and whos land they are dealing with.

I believe I am entitled to complain to DVLA and the information commission that they have obtained my details without legal right or cause their lax contractual arrangements mean they have fined me and maybe others.

I think its time people took them to task and I have requested £750 compensation to make a point that this sort of lax negligence will not stand and people need to say they have enough,

surveyor_101

maybe or they are the Bulgarian hand car wash people that seem to operate in the two council car parks either side.

surveyor_101

Johnersh wrote: »

So, if I read it correctly:

1. This is a shared car park or area abutting two retail premises.
2. The parking restrictions apply to spaces on "Tesco land" as Tesco contracted with Horizon.
3. However, the o/p falling foul of whatever the signs may have said, had the good fortune to park in a space leased by the other retailer "party warehouse land"
4. Whilst he had no entitlement in law to ticket, do KADDOE requests etc, Horizon are happy they've fixed the problem as they've now got permission to ticket everyone.

If that is correct, you may wish to consider the position in relation to misuse of your personal data.

That is not retrospective cover though and does not prove landowner authority which asked for them to prove with a copy of the contract.

Unless you are agreeing that they have misused my personal data

[Deleted User]

Unless you are agreeing that they have misused my personal data

Indeed I am. Apologies if the sarcasm didn't shine through in connection with the horizon reply. That being the case; as I noted, it now falls to you to determine if you wish to action it, or not.

I quite like the idea of a news item, which would ensure tickets issued within a really quite lengthy time frame were made subject to review and in addition to your actions.

I'd add to your list the ICO as there is potential for there to have been multiple data breaches at the site.

surveyor_101

Anyone want to comment on my response before I send!

Will,

The matter is far from closed.

Breach of British Parking Association (BPA) Code Of Conduct & KADOE Contract (DVLA)
Your website sets a limit of 35 Days for Horizon to deal with any appeals or challenges. This is a requirement under BPA Code 22.1 if you do not adhere to this code you are in breach of your KADOE Contract with DVLA. You failed to deal with my appeal within this period.
If you do not adhere to BPA Code of Conduct you are in breach of you obligations under the KADOE and therefore it could be argued you are not entitled to apply for Keeper Details from the DVLA.

LETTER BEFORE LEGAL ACTION


As I have previously stated I believe that and you have confirmed the PCN was issued incorrectly and therefore access of my personal data from the DVLA was unwarranted notwithstanding the breach of BPA Code & KADOE Contract. You have obtained my details from the DVLA unlawfully and in Breach of the Data Protection Act 1998.

Your involvement in your supposed parking management arrangements place on you an obligation to ensure proper consideration is given to all the facts. Lax contractual assessment is not an excuse for a denigration of your duty.

Mere supposition is insufficient as to how you arrange these matters with the land owner’s agent. Careful scrutiny of an actual lease would be required to confirm or refute your legitimacy in even taking on a contract for parking manager, or as it turns out, mismanagement. You therefore failed in your duty of care necessary in your collection and processing of my personal details.
Access to the DVLA database for my personal details was unwarranted and unlawful due to the fact that you had no rights to operate on the land without the appropriate authority and subsequently access my data.

I am therefore submitting a complaint to the Information Commissioner’s Office about your misuse of my personal data and now make a claim against you for punitive damages to the extent of £750 for wrongful application for my, and misuse of information from the DVLA. This is a serious matter and one which is both stressful and degrading.

Separate to that complaint to the ICO another complaint will be submitted to the DVLA about your conduct.

An amount of £750 for the damages is also claimed for wrongful application of, misuse of the data from the DVLA. This is already adjudicated on as being reasonable as evidence by the case of Halliday v Creation Consumer Finance Ltd [2013] All ER (D) 199.

To prevent this matter being taken to court I require payment within 14 working days from the date of this letter. Failure will result in a court claim being instigated and consequential separate costs being added for the added expense.

You will see you are in breach of about every Industry Code of Conduct, DPA and KADOE Contract Terms and risk bringing the private parking industry into disrepute.


Yours sincerely

Coupon-mad

I would remove this part as it muddies the waters, no need to talk about no reply to appeal (it is a VERY minor point, compared to the fact of obtaining and processing your data without reasonable cause):

Breach of British Parking Association (BPA) Code Of Conduct & KADOE Contract (DVLA)
Your website sets a limit of 35 Days for Horizon to deal with any appeals or challenges. This is a requirement under BPA Code 22.1 if you do not adhere to this code you are in breach of your KADOE Contract with DVLA. You failed to deal with my appeal within this period.
If you do not adhere to BPA Code of Conduct you are in breach of you obligations under the KADOE and therefore it could be argued you are not entitled to apply for Keeper Details from the DVLA.

You may wish to also mention Blamires and Vidal Hall, like I did here:

https://forums.moneysavingexpert.com/discussion/comment/72985679#Comment_72985679

Point is, they have admitted their mistake, now they must compensate you.