PCN for Long Hire Vehicle

Umkomaas

parkingproblems2019 wrote: »

re BPA https://www.britishparking.co.uk/write/BPA_AOS_CODE_OF_PRACTICE_CURRENT.pdf

Page 28 covers entry sign. I'm sure this does not comply as it is obscured.

Image below:
https://ibb.co/KrKWdHB

That’s not the BPA approved entry sign - see Appendix B of the Code of Practice. But whether you’ll get very far with POPLA, if you get there, is debatable. It’s not the strongest appeal point in the world.

MistyZ

It might just be me, but this thread is getting confusing.

For starters, 'the company name' .... I think some of us took this to mean the company which owns the vehicle and leases it to the OP. Yet on re-reading, I think 'the company' sounds like the OP's company, the car being leased on a long-term basis from another one. Can you clarify OP? If only to humour me!

I've seen Edna Basher's post 20, warning that POPLA may not be quite the slam dunk it sometimes is for hire car situations. Yet if the OP is going for POPLA, then Horizon's failure to comply with PoFA Para 13 will be the first and main point ... do others agree?

parkingproblems2019

Hi MistyZ,

We have hired the car on a long term deal. Its a lease where the manufacturer retains the V5. It is described as rental.

parkingproblems2019

Just received this back. Thoughts?

Parking Charge Notice 00000

I can confirm the Parking Charge Notice was issued correctly and legally in accordance with the British Parking Associations Code of Conduct.

As clearly stipulated on signage within the car park, vehicles must make payment for parking for the full duration of their parking session. Our systems do not show any evidence of payment made against vehicle registration reg on 30/08/2019.

Please be advised, this Parking Charge Notice was not issued under the Protection of Freedoms Act 2012. In light of this, your representations have been carefully considered and rejected.

The charge will be held at the current rate of £42.00 for a further 14 days from the date of this correspondence.

Payment of the outstanding charge can be made using our 24-hour payment line: 0330 008 1610 or online at https://www.pay.horizonparking.co.uk

Alternatively, payment can be made via cheque made payable to Horizon Parking Ltd and posted to Horizon Parking Ltd, Finitor House, 2 Hanbury Road, Chelmsford, Essex, CM1 3AE

You have now reached the end of our appeals procedure. Although we have now rejected your appeal, you may appeal to Parking On Private Land Appeals (POPLA), an independent appeals service within 28 days of the date of this correspondence. To appeal to POPLA, please go to their website https://www.popla.co.uk and follow the instructions. If you would rather deal with this matter by post, please contact our Appeals Office and we will send you the necessary paperwork.

Your POPLA reference number is .................

Please be advised that if you opt for independent arbitration of your case you will be requested to pay the charge at the full amount and will no longer qualify for payment at the reduced rate. Please note, POPLA will not accept an appeal where payment is made against the Parking Charge Notice in question.

By law we are also required to inform you that Ombudsman Services (https://www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA as explained above.

Yours sincerely,

KeithP

parkingproblems2019 wrote: »

Thoughts?

Mine is - appeal to PoPLA.

Let post #3 of the NEWBIES thread be your guide.

Coupon-mad

This is the same as every BPA case, bog standard rejection with POPLA code.

As the NEWBIES thread covers all this completely already, we hope newbies have already found the POPLA templates and be halfway to building a POPLA appeal at this stage.

StaffsSW

"Please be advised, this Parking Charge Notice was not issued under the Protection of Freedoms Act 2012. In light of this, your representations have been carefully considered and rejected."

If they do not know the driver name, then this should be a clear cut win at POPLA - the admit to not relying on POFA, and if the "hirer" of the vehicle is a company, then they can not be a driver.

parkingproblems2019

So I raised the PCN where the email was rejected by Horizon, with BPA. I sent the pictures of the obscured entrance signs:

Good morning,

Thank you for your patience while we approached Horizon Parking Limited for their comments.

Horizon has taken your comments on board and relocated the entrance sign (photographs attached).

I am also advised the Parking Charge Notice has been cancelled as a gesture of goodwill.

As Horizon has responded accordingly, this case is now closed; thank you for bringing this matter to our attention and helping us raise standards within the private parking industry.

Over the last few days, Horizon have been sending out :

Thank you for your email regarding this above Parking Charge Notice.

I can confirm the Parking Charge Notice has been cancelled in full and no further action shall be taken regarding this matter.

Which covers all but one of the PCNs. Hopefully this will be cancelled in the next few days.

Thank you for all of your support, much appreciated.