*[Success at first appeal]* Horizon Parking PCN: Non-POFA 2012 Compliant

jc535

Hi all,

I recently received a PCN in the post, requesting £85 (addressed to me as the keeper of the vehicle), from Horizon Parking Ltd for the reason: ‘Failure to Pay / Validate for the Duration of Stay’. This NTK was sent by post only and hence was of the ANPR type, which, as I now understand, means its compliance should be checked under paragraph 9 in Schedule 4 of POFA 2012.

 

Since receiving, I have tried to do as much research as possible, using the (very helpful) guidance in the ‘NEWBIES’ section, as well as through reading other threads. I can see that posts are made frequently on this forum, which you will no doubt be busy going through, so I don’t wish to use too much of your time. I would be most grateful though if you could help me clarify a few things as I am new to this appealing process.

 

Initially, I was going to appeal as the keeper of the vehicle just on the basis that they had not complied with POFA 2012; the PCN issue date was 25 days later than the day after which the specified period of parking ended, and not the requirement of 14 days. However, I followed the advice given to check the PCN against POFA, and it would seem that Horizon Parking in this instance have issued a PCN which does not allege keeper liability ­– a ‘Golden Ticket’, as you seem to call it!

 

I would just like to ensure I am correct in thinking this. Here is an example of one of the statements which I think demonstrates non-compliance with POFA 2012: ‘If after 28 days we have not received full payment, we have the right to recover the parking charge amount that remains unpaid from the driver of the vehicle and further costs may be incurred.’ I can infer from this that they are holding the driver liable, not the keeper. Is my judgement correct? I have seen screenshots online of other PCNs issued by Horizon Parking relatively recently with slightly different wording, sometimes even referencing POFA, so I’d assume they might have sent this particular version upon realisation of their failure to meet the 14-day requirement, perhaps.

 

If I am indeed correct, should I simply send the unchanged blue-text template displayed in your newbies thread, or would it be helpful to include a little detail regarding the context of this case (POFA 2012)? I feel that I would personally prefer the latter option, as detail such as the paragraph on the request of PDT machine information would not be relevant in this case, I would have thought. I have seen some people with similar golden ticket situations send concise initial appeals differing from the ‘one size fits all’ template, adhering strictly to the context of their situation. If I should choose to send a more personal initial appeal, would it still be worth mentioning that they failed to issue the NTK within 14 days, or is this no longer relevant as they never alleged keeper liability in the first place? At the end of the day, the sooner this is resolved, the better, so whichever wording is most likely to win an appeal at this stage would be in my best interests. I do understand though that it will likely be rejected, and I will have to go on to appeal as the keeper to POPLA, which is the main reason for starting this thread: in the case that I need further guidance from you.

 

Thank you very much in advance for kindly taking the time to read my queries. Apologies if this initial post is quite long; I’ve tried to include as much relevant information about my situation as possible, in order to save you having to ask for additional detail. If, however, you’d like to see info such as screenshots of the PCN etc., I will be happy to provide. I look forward to any help you can give me!

D_P_Dance

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 has been known to get the charge cancelled.

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

Fruitcake

At last, a poster that has read the NEWBIES first and done their research before posting. Thank you. You have no idea how mush easier that makes things for the regulars.

You are spot on with most of your summary. I suggest you send the appeal template in blue from the keeper unaltered but for the addition of a one liner too the effect that the NTK was sent to late for keeper liability to apply so they should cancel now to save money.
Sending it unaltered lets them know you are getting forum help. Its only purpose is to get a PoPLA code where BPA scammers are concerned.
If/when it is rejected, read the third post of the NEWBIES and then construct a draft PoPLA appeal. Post it here for checking before you submit it. Non PoFA complaint NTK will be point 1 of course.

There is no advantage in waiting so send it straight away. Waiting until day 25/26 is only suggested where a NTD has been left first.

Have you complained to the landowner yet?

Don't forget to complain to your MP about this unregulated scam.

Umkomaas

Spot on advice from Fruitcake. Keep us posted. And thank you for doing the upfront research via the NEWBIES FAQ sticky - and well done on your understanding of it. 

jc535

Cheers for your replies folks – they were very helpful. I have now submitted my initial appeal as keeper using the blue-text template (with a few slight additions referencing POFA etc) and will indeed keep you posted as to what the outcome is. Not getting my hopes up too high though, so I'll be reading up on POPLA appeal procedures in the meantime!

Fruitcake said:

At last, a poster that has read the NEWBIES first and done their research before posting. Thank you. You have no idea how mush easier that makes things for the regulars.

No worries at all. I really appreciate you all giving up your time to help people like me who are new to this whole process (for free too). The least we can do in return is thoroughly research what you have already provided on your sticky threads, as well as your responses to countless older threads.

Fruitcake said:

Have you complained to the landowner yet?

Don't forget to complain to your MP about this unregulated scam.

I will be looking into doing both, now that I have submitted my initial appeal; I have included a statement within my appeal informing them that I will be complaining to both the landowner and my local MP.

Thanks again for your help. I'll post here if there are any developments.

jc535

SUCCESS!

Hello again all,

I’m delighted to report back that I've just received an email earlier today from Horizon Parking regarding my appeal as keeper, informing me that the PCN has been cancelled in full and that they will not take any further action regarding the matter. This PCN, which was not in compliance with POFA 2012 (and also sent too late for them to have alleged keeper liability anyway), was cancelled upon this very first appeal, even though I was fully expecting (from previous posts on this site) that it would be referred straight to POPLA.

I would like to express my heartfelt thanks to all who have helped me on this forum – both personally, as well as indirectly through the sticky threads and other posts. It has been invaluable, and I am sure I would not have had such a positive outcome at this early stage without it.

In my appeal, I used the excellent blue-text template provided in the NEWBIES thread as the base. However, I made a few additions [all shown in bold] relevant to my personal situation. I can’t say for sure what, if any, particular wording used made my very first appeal successful. But in the hope it may help others, I now post my initial appeal letter in full below for anyone finding themselves in a similar situation:

                                                                                                                                           

My initial appeal to Horizon Parking Ltd for an ANPR-type PCN issued more than 14 days later than the day after which the specified period of parking ended

Dear Sir/Madam

Appeal against Parking Charge Notice (PCN) no. *******

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner, Iceland Foods Ltd, as well as to my local MP.

There will be no admissions as to who was driving, and no assumptions can be drawn. Since your PCN is a vague template, I require a full explanation of the allegation and full evidence. You must include a close up actual photograph of the sign that you contend was at the location on the material date, including evidence that it was properly illuminated on the date and time in question, as well as your images of my vehicle showing beyond dispute that it was in the alleged location at the alleged time and date.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

I contest and appeal this ‘parking charge’, on the grounds that you have failed to comply with Schedule 4 of the Protection of Freedoms Act 2012; the issue date of your PCN was 25 days later than the day after which the specified period of parking ended, and not within 14 days as required in paragraph 9 of the aforementioned Act. Therefore, keeper liability does not apply, and I consider that your ongoing pursuit of this charge will ultimately be in vain.

Yours sincerely,

****** ******

Registered Keeper

                                                                                                                                           

Thanks once again for all your help! Especially D_P_Dance, Fruitcake and Umkomaas for your kind responses.

Fruitcake

Well done, and thanks for letting us know your most excellent result. The changes you made to the template are very well put; concise, accurate, leaving no doubt as to your intentions. 
Perhaps the scammers can't afford to lose at PoPLA because of the current lockdown and were too scared to proceed.

Umkomaas

Very well done @jc535, I think you getting a good prior understanding via your research of the issues (especially the PoFA intricacies) was fundamental in knocking them out with your first blow. Oh that other newbies had the same calibre.  Just half a dozen posts has put this one to bed. There are many not-too-dissimilar cases running into dozens upon dozens of posts - yet many not even at POPLA stage yet!

Coupon-mad

jc535 said:

SUCCESS!

In my appeal, I used the excellent blue-text template provided in the NEWBIES thread as the base. However, I made a few additions [all shown in bold] relevant to my personal situation. I can’t say for sure what, if any, particular wording used made my very first appeal successful. But in the hope it may help others, I now post my initial appeal letter in full below for anyone finding themselves in a similar situation:

                                                                                                                                           

I contest and appeal this ‘parking charge’, on the grounds that you have failed to comply with Schedule 4 of the Protection of Freedoms Act 2012; the issue date of your PCN was 25 days later than the day after which the specified period of parking ended, and not within 14 days as required in paragraph 9 of the aforementioned Act. Therefore, keeper liability does not apply, and I consider that your ongoing pursuit of this charge will ultimately be in vain.

Very good and well worded as an addition to the template.

There will be lots of PCNs that arrived late at the moment - a happy effect as a result of lockdown!