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Horizon Parking - Lack of Communication - Appeal deadline breached (Resolved)

pete-20-11
pete-20-11 Posts: 1,485 Forumite
Part of the Furniture 1,000 Posts Name Dropper Debt-free and Proud!
edited 8 September 2019 at 1:57PM in Parking tickets, fines & parking
The TLDR is
  • I have complained to the retailer - they will get the ticket cancelled
  • Horizon haven't confirmed the matter resolved
  • I also appealed just before the 28 day deadline, just in case
  • Horizon haven't communicated their decision, or a request to take longer, within the required 35 days.
  • I'm now considering what I need to do next - including complaint to Horizon and a SAR (might be too early for that?).


A PCN was received for 28 June 2019, issued 4 July 2019, received Monday 8 July.

It alleges the vehicle exceeded the maximum stay period - 10hr32m stay (7hr32m overstay).

However the car entered and left the car park twice in one day - and was parked for less than 10 minutes that evening.

Thus a double dip?!

The driver changed their mind about visiting the store in the morning and therefore did not park, they just entered and exited the car park.

I, as the registered keeper, complained to the supermarket - they said they would cancel the PCN. However Horizon never confirmed the matter was dropped.

I therefore carried out an appeal online on Saturday 3 August using the blue template. I carefully added some information about the driver's activities that day (google location history) and advised them to check their cameras for the car's re-entry to the car park.

Horizon advise in their FAQs that "We will notify you of the outcome of your appeal in writing within 35 days of from the date of your appeal." - however this has not been received. I believe day 35 would have been Saturday 7 September (yesterday).

And their immediate acknowledgement email states "We will aim to respond to your communication within 14 days, but certainly no more than 35 days. Please wait to hear from us during this period."



I am therefore planning to write to Horizon to chase the status of the appeal - although I'm not sure how to best phrase this or if it's not recommended to do this.

I am presuming I need to do this to secure the chance to appeal via POPLA should the matter not be resolved.



I have today complained to the following people:

The DVLA (ccrt@dvla.gov.uk), referencing KADOE/Data Team/MP/Ombudsman info from the newbies thread, plus complaining about:
* Wording not POFA complaint
* ANPR equipment may not be in good working order
* Horizon not accepting or rejecting the appeal within the required 35 days
* Horizon not advising that the appeal will take longer than the usual timeframe


The BPA via their complaints web form

My MP - I have already complained to my MP and have sent an update today.

Citizen's advice (who the council refer Trading Standards matters to), but also advised my local councillor as it seems strange that I cannot contact TS direct.


I plan to send an SAR (but I assume I should hold fire on that for now?)

Plus I'm thinking a formal complaint to Horizon and also the ICO?


Thanks for reading!

Any advice welcome and I'll update thread with any news, hopefully good news.
PPI success. Banding success. Double Dip PCN cancelled! South facing solar (Midlands) and battery. Savings Session supporter (is it worth it now!?)
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Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Who is the supermarket ?

    They have said they would cancel so you go back to them

    The CAB by the way is pointless, they don't have a clue about the parking scam.

    It's now in the hands of retailer
  • pete-20-11
    pete-20-11 Posts: 1,485 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Debt-free and Proud!
    It's Sainsbury's.

    They did say I wouldn't get any acknowledgment from them (the supermarket) when it's done, but I assumed I'd at least get something back from Horizon.

    The lack of correspondence could be a good thing, but I don't want a sudden surprise months later.
    PPI success. Banding success. Double Dip PCN cancelled! South facing solar (Midlands) and battery. Savings Session supporter (is it worth it now!?)
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    beamerguy wrote: »
    Who is the supermarket ?

    They have said they would cancel so you go back to them

    The CAB by the way is pointless, they don't have a clue about the parking scam.

    It's now in the hands of retailer

    Might be wrong but I get the impression that the OP wants to make a complaint to TS and the normal way to do that now is through the Citizens Advice consumer line

    It doesn't seem to be about seeking CAB advice on how to deal with a parking ticket

    Can you clarify please OP as it will probably impact on further answers on this thread

    Thanks
  • Redx
    Redx Posts: 38,084 Forumite
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    I would not do any SAR at this time

    Nor do I think you have any grounds for an ICO complaint either

    The BPA complaint is sufficient for now , and the 35 days is a guideline , it isn't enshrined in law

    Personally I would have waited until 42 days had elapsed so that the 35 day failure cannot be explained away so easily

    You appear to have done plenty already , so sit on your hands and wait , but in the meantime check if there is an outstanding balance on the horizon site for this PCN , obviously without paying it
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Nine times out of ten these tickets are scams so consider complaining to your MP.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies
    You never know how far you can go until you go too far.
  • pete-20-11
    pete-20-11 Posts: 1,485 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Debt-free and Proud!
    Cheers for the info everyone.

    I didn't want CAB advice on how to deal with the matter, just wanted Trading Standards to be informed. Seems a strange route to do so!

    This is the first time I've had to deal with such a matter and have read the various threads including the newbie one multiple times.


    Cheers, I'll hang fire for now.

    I wasn't aware I could check the status of a PCN, I did have a look but couldn't find anything obvious. I didn't think to try the payment option - so thank you for that idea - and I guess might have been a little concerned about clicking that button in case it screwed up the appeal process!
    PPI success. Banding success. Double Dip PCN cancelled! South facing solar (Midlands) and battery. Savings Session supporter (is it worth it now!?)
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    pete-20-11 wrote: »
    It's Sainsbury's.

    They did say I wouldn't get any acknowledgment from them (the supermarket) when it's done, but I assumed I'd at least get something back from Horizon.

    The lack of correspondence could be a good thing, but I don't want a sudden surprise months later.

    You need immediate closure on this and as sainsbury's said it would be cancelled you need at least something in writing from them

    Sainsbury's are pretty good normally and as a customer it is your right to push for this.

    Really, the CAB/Trading standards have nothing to do with this and you will be wasting your time.

    Your MP could contact the CEO of sainsbury's as you could, explaining how their car park operator fails to respond

    Mr Mike Coupe Chief Executive

    Email mike.coupe@sainsburys.co.uk
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    pete-20-11 wrote: »

    I didn't want CAB advice on how to deal with the matter, just wanted Trading Standards to be informed. Seems a strange route to do so!

    Ha, certainly is, I have experienced this. If you complain to trading standards one would expect a reply and not be fobbed off to the CAB who time and time again give bad advice about parking problems
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Due to the way horizon log appeals they lose a lot as it is NOT a live system like parking eye/highview or any zatpark system
    Horizon is ALL manual
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Write a letter to your local TSD. If they try to fob you off to the CAB, complain to the CEO of the Council.

    Have you complained to your MP/
    You never know how far you can go until you go too far.
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