Parking charge notice Horizon Parking ANPR

Dragonflower

Hello,
Received a Parking charge notice 8 days after overstaying by 1 hour in sainsbury car park, ANPR
controlled.
asked to pay 70quid, or 40 now.

Have they applied to the DVLA in the correct manner in order to pursue me the keeper
Hope someone will help
thanks

Redx

yes they have

under POFA2012 they had 14 days to get the pcn to the keeper (NTK to you) and they have access to the DVLA database under their official KADOE contract (as members of the BPA or IPC)

the NEWBIES FAQ sticky thread at the top of this forum tells you how to deal with it , including templates

a landowner complaint and cancellation is your best option for this

so 2 paths to follow

Dragonflower

Not sure how to access the help,
basically it sounds like I am banged to rights and have no ground here apart from appealing to sainsbury. already complained in store and they say nothing to do with them

help

Quentin

You look at the list of threads. Just like you did to post above.

The Newbies FAQ thread is near the top of the list

Coupon-mad

basically it sounds like I am banged to rights and have no ground here

Wrong. Not sure Horizon are using POFA worded PCNs these days, so check it against para 9 of the POFA Schedule 4 (you've seen it linked in the NEWBIES thread).

No-one here pays Horizon, no idea why you think your case is different.

Dragonflower

Would paragraph 9 of POFA sched 4 be the one where they contact DVLA for keeper as driver not identified.
The letter that I received was not a NTK, it says parking charge notice, the letter appears compliant, has photo's of my car ANPR arriving , leaving, overstaying by over 1 hour. time and date of charge issued,
amount payable with discount, etc. other than claim double dip not sure here

Redx

for arguments sake, just assume they have a legal contract with the DVLA for access to keeper data and therefore can do what they have done

not all companies follow POFA2012, it is their trade body membership that allows them to have a KADOE contract with the dvla

the postal notice , parking charge notice , invoice or whatever you wish to call it is the NTK, its a postal Notice To Keeper

so the letter = pcn = ntk = invoice and should be treated as such

it is what it is, so just appeal it using the correct template from the NEWBIES faq sticky thread, appealing as KEEPER (not driver)

Coupon-mad

Would paragraph 9 of POFA sched 4 be the one where they contact DVLA for keeper as driver not identified.

No.

Read it, we told you where to find it; read para 9 and specifically, 9(2)f. Surely it's easy to compare.

Dragonflower

thank you, I am aware that they are not allowed to charge for parking, just for breaching the alleged contract upon entering the car park. Yes I would appeal as the keeper and not the driver, however as they have sent me a PCN within 14 days they retain the right to make claims towards the keeper, instead of the driver. I assume.
I just was not sure that stating keeper not driver was enough to win

Redx

staying as KEEPER means they have to have fully complied with POFA2012 in order to hold a keeper liable for the actions of a driver

getting an NTK in the post promptly to that keeper is just one part of pofa2012 , the content of said NTK is also important (so not just the timescale)

these parking companies like Horizon have had a contract with the DVLA for years so its pointless asking about if they have that right , they all do as long as they are in the BPA or the IPC and have a valid KADOE contract with the DVLA

so just assume they can get keeper data, which they can and they do , daily

there are various reasons why a keeper may win an appeal, either to the PPC or to a trade body or in court, all of which are detailed in the NEWBIES sticky thread , a summary below

NO CONTRACT
NO LANDOWNER CONTRACT
POOR AND INADEQUATE SIGNAGE
BPA or IPC CoP FAILURES
POFA2012 FAILURES
NOT THE SAME AS BEAVIS

etc

we believe that the NTK fails POFA2012 , even if it is delivered in the first 14 days

Coupon-mad

Yes I would appeal as the keeper and not the driver, however as they have sent me a PCN within 14 days they retain the right to make claims towards the keeper, instead of the driver. I assume.

Already said, this is not just about dates. As Redx rightly said:

Redx wrote: »

getting an NTK in the post promptly to that keeper is just one part of pofa2012 , the content of said NTK is also important (so not just the timescale)

we believe that the NTK fails POFA2012 , even if it is delivered in the first 14 days

Dragonflower, we told you exactly which paragraph of the POFA to read, so please go and read it and don't assume!