PCN for Long Hire Vehicle

parkingproblems2019

Hi All,

First post. I've been trawling the forum for days trying to decipher the best course of action(all great content). I've also read through the BPA guidelines as best as I can.
Your advice appreciated on the below:

We've received 2 parking notices so far this week from Horizon Parking. They are to the company name.
The notices have been generated by an ANPR car park of Sainsburys. The car has been there regularly, so there is concern a few more will turn up.
The issue date is quite a bit before the date we have received the notices via the post. Around a week. And the alleged incident date is over a month before that.

Firstly, is there a time limit from incident to receiving the notice?
Secondly, I was reading about signage that should be present at the entrance of the car park, which i don't recall seeing. Is this a good option for appeal?
Thirdly, looking for any advice possible.

I have seen Edna Basher's template, but they were not BPA members. So wondering what does and doesn't work?

Thank you

Redx

Use and adapt the Edna basher templates , substitute IPC for BPA

POFA tells you the timescales for POFA compliance , as Edna explains in his posts

Non compliance means they have 7 months to issue a PCN to the relevant person

Just follow the advice by edna

But ideally email the CEO of Sainsbury's and complain and get them cancelled at source , first

parkingproblems2019

Thank you for your reply

The template on 5570109 doesn't mention BPA or IPC. Is there a different one to use?

Umkomaas

but they were not BPA members

Horizon are most certainly BPA members.

https://www.britishparking.co.uk/BPA-Approved-Operators

parkingproblems2019

thank you, I was referring to the template I had previously read (badly written on my part)

The_Deep

Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.

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 Companie

StaffsSW

Is the company the registered keeper? If so, they should serve it to you within 14 days of the event. If they don't, it's not valid, easy appeal.

If the car is leased by the company, have they sent you a copy of the hire agreement, and a "notice to hirer" which is different from a notice to keeper.
If not, they have failed to comply with paragraph 13 of POFA 2012, so again, easy appeal.

If it is leased, take up the offer of POPLA to kill it dead, otherwise there is a risk that vHorizon will pester the leasing company who will just pay and recharge the company, leading to a protracted argument with them.

parkingproblems2019

Thank you StaffsSW,

It is a leased (long rental) so the company is not the keeper and not the V5 holder.

They have sent us a "Parking Charge Notice" addressed to the company name.

"We have received your details following a transfer of liability naming you as the hirer of the vehicle at the time of the contravention. If you were not the hirer (even though you have been named as being the hirer) of the the vehicle at the time it was parked or if the vehicle was stolen prior to the beginning of the period of parking which is the subject of this Notice, please let us know within 14 days of the date of this notice. If you were not the driver, please supply the full name and current serviceable postal address of the driver within 14 days of the date of this notice so that liability of the Parking Charge Notice may be transferred to the driver."

Please explain the "offer of POPLA to kill it dead"? Is this sounds good.

I'm very new to all of this, but must admit find it v interesting.

parkingproblems2019

So i'm not sure if this is the correct Edna template.

Also, as I side note, I checked the signage on entrance to the car park. It is obscured by a big post and is unreadable.

Dear Sir,

Parking Charge Notice Ref. XXX: Vehicle Registration XXX

We are in receipt of the above-detailed Parking Charge Notice ("PCN") dated 26th September 2019 and issued by Horizon Parking Ltd to our company [XX] ("[XX]") in respect of an unpaid parking charge allegedly incurred at Sainsburys Wandsworth on 30th August 2019.

We confirm that XX is the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 ("POFA") and we write to dispute this PCN.

Although the PCN states the reason for issue as "Failure to Pay for Full Duration of Stay", it provides no evidence to support this claim. In the absence of any conclusive evidence in support of the alleged breach, we trust you will agree that it would be unreasonable for Horizon Parking Ltd to expect us to pay this charge.

Notwithstanding this, the PCN failed to comply with the strict requirements of Schedule 4 of POFA and consequently Horizon Parking Ltd has forfeited any right to claim unpaid parking charges from [XX] as the vehicle's hirer and keeper.

Within 28 days please provide us with written confirmation of Horizon Parking Ltd's acceptance that it cannot and does not hold [XX] liable for this parking charge and that this is now purely a matter between Horizon Parking Ltd and the driver.

Thank you for your cooperation and we look forward to receiving this confirmation.

Yours faithfully

Umkomaas

Also, as I side note, I checked the signage on entrance to the car park. It is obscured by a big post and is unreadable.

Have you taken your own photos? If not, you know what you need to do!

Although the PCN states the reason for issue as "Failure to Pay for Full Duration of Stay",

Does it really? I wasn't aware that Sainsbury's have Pay and Display car parks.

parkingproblems2019

Have you taken your own photos? If not, you know what you need to do!

I certainly can do. Should I add as more weight to the above letter?

Does it really? I wasn't aware that Sainsbury's have Pay and Display car parks.

It used to be pay and display, and now you have to go to a machine inside and put your reg in. Or get a PCN in the post via ANPR as we have