Horizon - Successful Appeal

ronradioron

HI All - thanks to all the advice here, wanted to share good news of a successful appeal against a fine for parking on a Sunday in Harlow Water Gardens, from Horizon Parking. My reason for incurring the fine was the signage was misleading - the Sunday rate was displayed at the bottom of the column entitled Mon-Fri so I looked at the column headings Mon-Fri and Sat and assumed Sunday was free.

But, following advice here I wrote a technical appeal based on the LTO being non-compliant with section 9.2(f) of POFA and the ticket was cancelled. Copying my appeal here in case it helps anyone else.:

I am appealing as the Keeper, noting that 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.

I note that the Parking Charge Notice makes no attempt to pass liability to the Keeper after 28 days, and is therefore not compliant with schedule 9.2(f) of the Protection of Freedoms Act 2012.

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 POFA.

Furthermore, I note that the signage in the car park is not adequate - specifically the charges for Sunday parking are listed under the column entitled 'Mon-Fri', which is misleading and unclear. A photograph illustrating this is attached.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,
etc etc