ANOTHER RESOLVED SUCCESS! - PCN Horizon Parking

Tillbarn

Hi all 
I received a PCN through the post from Horizon Parking dated 11/12/2020, stating the driver of my car parked in a Tesco carpark on that day and 'Exceeded Maximum Stay Period'.  I then received a second 'Notice To Keeper Reminder Notice' dated 28/01/2021.

I did some research on this site and came across some fantastic advice/letter examples to use for appealing the PCN.  It seems that Horizon doesn't quite comply with all the sections of the POFA 2012, so it was just a case of calling them to task over the gaps which fit my particular situation. 

Thanks to King's thread and example template, in which Coupon-mad and Redx also gave suggestions, (I'm not allowed to post a link to their thread as I'm too new, sorry), 

... and reading the POFA 2012 (Googled it, it's not that long), I was able to write my response to Horizon.  

I posted my letter to them on 17/02/2021 and received a their reply dated 22/02/2021 confirming the Parking Charge Notice was now cancelled!  

IT WORKED!!!

So, I just wanted to take a moment to thank everyone who has previously posted about Horizon Parking PCN's, to help me get this sorted.  I hope I can now pay it forward :-)
If my template below can be of any use to anyone who gets a PCN from Horizon, please feel free to use it for your own situation. 

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MY LETTER TO :-

Horizon Parking Ltd

Finitor House

2 Hanbury Road

Chelmsford

Essex

CM1 3AE

To whom it may concern

Re: Parking Charge Notice Number: HPXXXXXXX

Vehicle Registration Number: XXXX XXX 

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.

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act.

You have also failed to give the required invitation to keeper in the form prescribed by section 9 (2) (e) of the Act.  You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.  There is no legal requirement to name the driver at the time and I will not be doing so.

Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

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.

Your PCN alleges the Date of Breach was 11/12/2020.  The day after the alleged specified period of parking ended, was 12/12/2020.  Your PCN was issued 29/12/2020.  The presumed delivery date was 31/12/2020.  This equates to 20 days, and NOT the 'relevant period' of 14 days.

As a result, you have also failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, failing to ensure delivery of your PCN within the relevant period of 14 days, as prescribed by sections 9 (4) (b), section (5) and section (6) of the Act.  

Your Parking Charge Notice and Notice to Keeper are non-POFA and, as a result, the keeper cannot be held liable.

I do not expect to hear from you again, or your debt collectors, except to confirm that this charge will be cancelled accordingly, that no further action will be taken on this matter and my personal details have been removed from your records.

Regards,

XXXXXXXX (your name)

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HORIZON'S RESPONSE:- 

Parking Charge Notice- XXXXXXX

Thank you for your recent correspondence regarding the above Parking Charge Notice, which we have reviewed.

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

Please note that once the Parking Charge Notice is cancelled the contact details are removed from the Parking Charge Notice and will not be retained for any purpose or shared with third parties.  We are, however, required to retain images and appeal correspondence for a period of 2 years by DVLA and the BPA and are not therefore able to delete these from our system. You can review our privacy policy at https /horizonparking.co.uk/privacy-policy/  or you can request that a copy is sent to you in the post by contacting us at the address below, if you have any queries regarding your data.

Best regards,

Horizon Parking

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Tillbarn

*Amendment to my post above, to make it clearer:-
I received a PCN through the post from Horizon Parking dated 29/12/2020, stating the driver of my car parked in a Tesco carpark 15 days earlier on 11/12/2020 and 'Exceeded Maximum Stay Period'.  I then received a second 'Notice To Keeper Reminder Notice' dated 28/01/2021.

Tillbarn

Oh god sorry, typo, I'm tired...*18 days earlier, not 15.  Any which way, the timescales from the Date of Breach to the date of receiving the PCN was far in excess of the 'relevant period of 14 days' as per the POFA.  Hope this helps. 

Coupon-mad

received a their reply dated 22/02/2021 confirming the Parking Charge Notice was now cancelled!  
IT WORKED!!!
So, I just wanted to take a moment to thank everyone who has previously posted about Horizon Parking PCN's, to help me get this sorted.  I hope I can now pay it forward :-)

Very good!  

Horizon don't use POFA wording as far as I recall, so even if they'd dated it earlier it was not a NTK that could hold a keeper liable.