Horizon Parking Charge Notice

PelawPaul

I've read through the Newbies!! private parking ticket FAQs and i've realised i should of visited this thread ages ago as i have went through the stages the thread warns not to do, am i too late?
I received a PCN from Horizon through my door for parking in a Wilkos car park, i paid £1 for the time i parked (the fee was £0.60) however, i entered the registration number for my car rather than my wifes, which i was driving on the day and didn't realise. Horizon acknowledge the payment against the Reg of my car but said this wasn't sufficient enough to cancel the fine. I appealed to POPLA and explained the situation and gave my counter comments to Horizons evidence. which included the pictures of the car entering and leaving, pictures of transactions showing the machine working a few minutes prior to me leaving (this also included my payment against the wrong reg) and they also highlight one of their circumstances for people to receive an £85 fine as failure to pay for duration of stay. which was my main argument as they acknowledged i had paid. POPLA refused my appeal, stating
"Upon review of the evidence, I accept the appellant paid to park in good faith, this is not under any dispute. However, it remains that the payment made was not against their full and correct vehicle details. I am satisfied the signage in the car park makes it clear that in order to make a valid payment the full, correct vehicle registration of the motorist is required when they make payment"
as stated in my evidence, nowhere on the sign does it say a fine would be issued for entering the wrong reg. it does say, as inserted in POPLAS decision 
“Wilko Customer Car Park – PARK | SHOP | PAY – 1. Park & remember your vehicle registration. 2. When ready to leave enter your vehicle registration at one of the pay stations… A Parking Charge Notice of £85 will be issued in the following circumstances: Failure to pay for the duration of stay”.
Could anyone advise me of my next steps?
thanks

BrownTrout

There are no "" next steps "" come back if you get a court claim.

Coupon-mad

Didn't they offer to settle at £20, before POPLA happened (read the BPA CoP about keying errors).

Fruitcake

What happened when you complained to the store manager and/or landowner?
Get photos of the site and signage in case it does go to court later.

With regards to this, you did exactly what the sign said. You entered your vehicle registration; just not the one that was in the car park at the time.
“Wilko Customer Car Park – PARK | SHOP | PAY – 1. Park & remember your vehicle registration. 2. When ready to leave enter your vehicle registration at one of the pay stations… A Parking Charge Notice of £85 will be issued in the following circumstances: Failure to pay for the duration of stay”.

fisherjim

PelawPaul said:

..... nowhere on the sign does it say a fine would be issued for entering the wrong reg.

It won't say "fine" on anything from a private parking company because it isn't.

D_P_Dance

This is not a fine, it is also, judges have said, a waste of court time, read this,

https://en.wikipedia.org/wiki/De_minimis

and complain to your MP.

PelawPaul

this is the sign they've submitted in their evidence, yous are right, it doesn't say 'fine'.  Fruitcake, i never complained to the store, i just appealed the PCN straight away thinking common sense would prevail.

Coupon-mad

Coupon-mad said:

Didn't they offer to settle at £20, before POPLA happened (read the BPA CoP about keying errors).

As above, this is a requirement (January 2020 onwards in the BPA CoP) and if they didn't, you complain to the BPA.

PelawPaul

Coupon-mad said

As above, this is a requirement (January 2020 onwards in the BPA CoP) and if they didn't, you complain to the BPA.

yes, they did make the offer but i didn't want to pay them anything when i'd already paid to park.

Coupon-mad

Fair enough, but the perils of blabbing about who the driver was, means you must now win this in Court.  Horizon use Gladstones so read some Gladstones court cases while you wait for your claim to defend.

It would have been a cinch to win, had you appealed as registered keeper.  Horizon use non-POFA PCNs and couldn't have held you liable...

Fruitcake

PelawPaul said:

this is the sign they've submitted in their evidence, yous are right, it doesn't say 'fine'.  Fruitcake, i never complained to the store, i just appealed the PCN straight away thinking common sense would prevail.

So you know what your next job will be then.