Horizon Parking PCN

RobinHill

Hello guys, Received a NTK from Horizon Parking. Advice appreciated as to what approach to take. Thank you.

ps. trying to work out how to upload a reacted image of the NTK

Redx

See the newbies faq sticky thread , post #1 , third thread down from the top of this forum

RobinHill

Hello Redx, thank you for the prompt. Please excuse my being "thick" but I don't understand "Post #1, third thread down". I tried to do so but not sure what I am looking for. Cheers

Redx

Each entry like yours is a thread , one topical query followed by posted replies , or posts for short , each post is numbered with a hash in front of it , such as #1, #2 etc

Count from the top of the forum down , to the third topic with Newbies in the title and click it , it's above this thread in the forum list

Scroll down and read post #1 , the first post , it advises you on the initial appeal, further posts deal with other associated topics

I am replying with posts on your own thread , after 5 years and 63 posts you should know this

When you signed up here , you agreed that you knew how to use a forum

You cannot upload pictures on here , you have to use other sites like imgur

RobinHill

Thank you, will try and work through it. FYI the previous posts were by an ex partner and not by myself.

Fruitcake

The NEWBIES is just underneath the button and asks people to read it begore starting a thread.

It explains in great detail how to fight an unfair parking charge at every stage.

What happened when the keeper complained to the landowner?

Redacted images can be uploaded to a web hosting site such as Postimages, Tinypic, Dropbox etcetera. You can then paste the URL here but change https to hxxps. Someone here will change it back to a live link.

Please tell us where this alleged dastardly deed occurred. Which part of the UK, residential, hospital, retail, station or airport etcetera?

Umkomaas

You've given us next to no detail, but from reading your previous threads, are you not able pray in aid the Equality Act 2010, especially pointed at the landowner? You can also hit the PPC with it.

RobinHill

Hello Fruitcake,

Thank you for the advice. I think that I know what to do but I am just trying to gain more of an understanding about the facts behind the process.

The PCN was for a parking "over stay" at Tesco, Tadcaster Road in York. It is for £70 with a £20 quick payment bribe. We had a similar several years ago with CEL and with significant help from a lady on here successfully won the case at POPLA. That PCN was £100 with a £60 bribe. One of the points used in that appeal was as below ...

"The charge is for breach of contract but it is not a genuine pre-estimate of loss. The average cost across the industry for dealing with a parking ticket is £20 ..."

Now that the charge is £20 does that mean the above can no longer be used since it is now in keeping with the industry average for dealing with such?

Secondly and perhaps more importantly ...

How do we ascertain if the NTK is POFA 2012 compliant? I can't see any reference on the NTK to POFA 2012. Must they literally state "POFA 2012" in order to pursue such, or is is just specific "wording" that needs to be used?

I understand that POFA 2012 compliance means that they can pursue keeper liability, if they don't then can only pursue driver, assuming they can find out who that is? ;-). However I am not sure how to work out if the Horizon Parking NTK is POFA 2012 compliant. Hence why I was trying to upload the NTK.

Thank you

Fruitcake

Not a GPEOL went out with the Beavis case in 2015.

The NTK does not have to say PoFA 2012, but must comply with the timings and wording of the PoFA.

You need to compare the dates on the NTK, and the wording with that of the PoFA to see whether they have complied or not.

RobinHill

Thanks for that Fruitcake. Do we know / if there is information detailing whether Horizon NTK's are POFA 2012 compliant?

Umkomaas

RobinHill wrote: »

Thanks for that Fruitcake. Do we know / if there is information detailing whether Horizon NTK's are POFA 2012 compliant?

These things change/improve all the time, so all you can do is check it for yourself. It needs to comply totally with PoFA, so pedantically study what you have in front of you. Here are two links to take you through it.

https://www.parkingcowboys.co.uk/keeper-liability/

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted