Parking charge notice Horizon Parking ANPR

getmore4less

if they are still not sending POFA compliant invoices to the keeper then they will probably back off if you include that in your first appeal.

the ones they sent just had if not the diver please tell us who was.

nothing about keeper liability.

included in a general appeal about rubbish signs etc. something like

"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"


Got one cancelled and the other has been ignored(over 6 months now)

worked for another Horizon Sainsbury more recently with a more verbose offering for non POFA compliance.

http://forums.moneysavingexpert.com/showpost.php?p=73386549&postcount=27

Dragonflower

I have drafted a letter, please let me know if this is ok


Dear sir /madam

I write in relation to the notice to the Parking charge notice recived on 8th December 2014, I am keeper not the driver of this vehicle, ref ………. and wish to appeal.
There is inadequate signage on entry to the car park; This is unfair terms in consumer contracts regulations 1999 as regulations state

5 (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term."
This provision certainly applies to so called contracts for private parking.
The full terms of the contract were not provided to the driver upon entry to the car park. Furthermore there was never any contract with me, keeper of the vehicle. This again falls under the unfair terms in consumer contract regulations 1999, therefore I cannot be held responsible.
I am aware that you should only recover any loss, I ask you to give a genuine pre estimate of loss, as this is a free car park. I am aware that charges may not be set at a higher level than necessary to recover business losses and the intention should not be to penalise. If you are claiming for damages, your charge is not a genuine pre estimate of loss and therefore not enforceable, if you feel that this is incorrect please provide evidence to prove this.
I ask you to prove that you have the right to use ANPR, and wish to see any contract in full which proves this, including appropriate planning permission applied for and obtained from the local authority. signage and cameras are illegally placed, and obtaining monies unlawfully should this requirement not be fulfilled. It is a criminal offence when the Town and Country Planning (Control of Advertisements) (England) 2007 Regulations are ignored. You would also have no landowner authority, which means no legal right to enforce any parking charges, which you are not of course entitled to do anyway.

Under the BPA CoP 5.3 states they ‘must keep to all the requirements laid down by law’. Breaches of code of practice are covered in the Consumer Protection from Unfair Trading Regulations 2008. If you have breached any code of practice you are unable to lawfully obtain any parking charges for any alleged breach of contract made by the driver of my vehicle.
I am asking you to provide full details as above, a genuine pre-estimate of loss should you feel that you have satisfied all requirements and are not in breach. I am not aware of any trespass charge, as a shopper there is a right to use the car park thus trespass is un-enforceable.
If my appeal is unsuccessful please provide a POPLA code.

Thank you

KeithP

Don't know where you got that from but it's old.

The Unfair Terms in Consumer Contracts Regulations 1999 was superseded in October 2015 by the Consumer Rights Act 2015.

Also a "genuine pre estimate of loss" is not worth mentioning these days.

What is wrong with the template appeals already written for you in post #1 of the NEWBIES FAQ sticky thread?

Dragonflower

I will need to have a better look as i could not find it

Redx

post #1 of the NEWBIES FAQ sticky thread at the top of this forum has the template appeal you need to appeal to a parking company

post #3 of that same thread has examples of popla appeals

only look at stuff from this year , 2017 only , nothing older

not a gpeol was dead in the water alomost 2.5 years ago

Coupon-mad

Dragonflower wrote: »

I will need to have a better look as i could not find it

It's in my signature, under every reply I write - look at my coloured wording below - 2 clicks away.

Dragonflower

is this the one

Dear Sirs

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

I challenge this 'PCN' as keeper of the car.

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.

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.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

just a word to let you know that the blue and red wording in your signature are not hyperlinks and do nothing when clicked on, not sure if you are aware. I just went back to the very top and looked in there

thanks so much

nosferatu1001

C-m knows they’re not. Hence TWO clocks. What they do is give you the bread crumbs to get there.

KeithP

As well as that, there are forum rules that restrict links in signatures.

See Forum Help - under the heading Why has my signature been removed?

Bobm1963

Hi
I ignored a horizon parking charge and have now received a letter from zenith collections. Can anyone advise whether i should ignore this also or do i need to write to them, if so what should i put in my letter? Sainsbury store was closed when i parked there but not sure if this makes any difference
Thanks