Horizon Parking Notice

Julie22

My daughter received a Horizon Parking Final Notice last year dated 16th April regarding an offence on 12th February. She did not receive anything prior to that and no notice was stuck on her car..
She has had a baby since and done nothing about it so I want to help her out.
Does she have to pay this please as she did not receive anything until this date and how does she go about appealing please? She has now had a letter from Gladstones Solicitors saying Letter before claim.
Thank you so much in advance for your help.

Redx

Too late to appeal , should have been done 11 months ago

She should pay if a judge says so , in Court

Read post #2 of the newbies FAQ sticky thread near the top of the forum

Julie22

Thank you but as she never received any original notice or anything stuck on her car I thought they had to give original notice within 14 days?

Redx

They have 7 months to issue a PCN

A windscreen PCN is not mandatory

The 14 day postal rule is if they wish to use POFA against the keeper when no windscreen PCN was issued

POFA is not mandatory either , it's optional

If they failed POFA , then the keeper has no liability

A driver who admits to it is ALWAYS liable , if a judge says so

beamerguy

Julie22 wrote: »

My daughter received a Horizon Parking Final Notice last year dated 16th April regarding an offence on 12th February. She did not receive anything prior to that and no notice was stuck on her car..
She has had a baby since and done nothing about it so I want to help her out.
Does she have to pay this please as she did not receive anything until this date and how does she go about appealing please? She has now had a letter from Gladstones Solicitors saying Letter before claim.
Thank you so much in advance for your help.

The letter before claim must give you 30 days to respond and provide proof of their claim.
Have they added an amount of £60 which is unknown ?

Julie22

Thank you for your help.

16/4/19 First letter received - final reminder - £90 - Horizon
26/7/19 - Notice of Intention to commence legal proceedings - £150 - Zenith Collections
8/1/20 - Letter before Claim - Gladstone Solicitors - £150

Nothing was received before the first letter saying final reminder

Thank you again.

Julie22

The letter before claim must give you 30 days to respond and provide proof of their claim.
Have they added an amount of £60 which is unknown ?

It looks like they have and yes they have given 30 days

She has had no contact at all so far

Redx

The SAR should reveal if an NTK was sent by post , Before the final reminder

That is the crucial part of the timeline , especially for compliance with POFA

On the other hand , they will use the law of probabilities , that the keeper is likely to also be the driver , so 51% versus 49%

Tell her to email that SAR asap , with proof of I D , a copy of the V5C will suffice , attached to the email

Horizon will have 30 days notice to respond , check for an NTK when the pack arrives , check the date of it and add to the timeline as seen above

See if it arrived by day 15 , see if it has the POFA warning , check for POFA compliance

Use those 30 days to get up to speed on this topic

Prepare for a court case , watch out for Court claim paperwork from the CCBC in Northampton

The_Deep

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

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.[/FONT]

Coupon-mad

Have you read the NEWBIES THREAD second post now? This is fully explained and everyone defends these claims and 99% here, win.

Great fun - yep - and and interesting life experience for the Defendant at her local court (not scary, more confidence-building!).

Julie22

I have read the NEWBIES thread and I am worried my daughter has it right. 

My daughter has a trial date in July. She was advised by parking fines limited and submitted the attached witness statement last year,  I wonder if she has written enough and has her facts/dates correct so please could you kindly help me as she is in a real pickle with it and what with a new baby and moving in with us due to support bubbles all has been left. 

Parking fines limited have now dissolved which really worries me they have advised her incorrectly and taken her money!  She was advised by them not to contact the company as it would go to court.  There is nothing on page 2 of the notice of trial saying to submit a witness statement by any date only saying that telephone numbers must be submitted 5 days before the telephone hearing.

Attached is the ntk in Horizons evidence.  The photos in the evidence do not show a pcn on the vehicle and there is not one in the evidence either only mention of one in the nkt.  Also a postal pcn was never received.  Date of alleged offence and date notice to keeper were issued were 34 days apart.  She has not submitted anything to the court except below as she was advised by parking fines to do this.  This dates back to 2019.

March 20 - defence (for my daughter) submitted by parking fines ltd - see attached

https://drive.google.com/file/d/1glPqUSYObvnxIyQMc5Y1efW94uc6B9Y_/view?usp=sharing

https://drive.google.com/file/d/17Ht1nQZayMcfiY2nk2jXG47nZUqWPAd3/view?usp=sharing

October 20 - original court date
1/9/20 - email sent to court saying I am relying on my defence solely as advised by parking fines (which was the date on the second page of the notice of allocation to small claims)
10/10/20 - witness statement above submitted as advised by parking fines

May - notice of trial received - no hearing notice attached to letter
June 21 - defence from Horizon arrived in post (Gladstones)

No N180 was submitted
No SAR has been requested

Please could you kindly advise me of our next course of action as the trail date is July

Have they broken POFA rules please which would invalid the claim and if so can she amend her witness statement if she has not got it right please?

Thank you so much for your advice we are so worried in what has been a really tough year.  I so appreciate you helping me.