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Horizon parking - Passed to Debt recovery plus - POPLA appeal denied

Nicola1212e
Posts: 1 Newbie
Good afternoon everyone.
I was hoping for some help and guidance with regards to a PCN am I am trying to fight.
Last year I parked in a parking space for 20 minutes in a car park which services a small shopping centre in Bristol with a Sainsburys, Wilkos etc etc.
During the first lockdown I parked there a couple of times and the charging had stopped. There wasn't any notice from what i can remember I think it was just that the barrier was up and staff mentioning it. Some time in July I parked there again, for 20 minutes, and subsequently received a PCN for £80. I sent a letter argueing my case which they refused, it then increased to £90.
I appealed to POPLA, because after checking on the website for the shopping centre, there was a banner across the webpage saying that charging was back in force, but no change in the normal signs at the car park. So it proved that they had stopped charging for a period, and they were just expecting people to know these updates without checking the website? .. I also argued that the fine was completely inflated in comparison to the cost to park there, the parking is 60p I think or possibly less for the amount of time I was there.
Anyway fast-forward a few months and the POPLA appeal was denied I believe around Feb after looking back.. however we moved house back in October 2020, and they haven't sent any correspondence to me by post to say it has been denied and payment is now due. The first thing I received was from Debt Recovery Pus demanding £160, I have now had two letters from them.
I contacted Horizon to say I changed my details with DVLA and my V5 address before moving and I have proof that Royal mail have forwarded my post for 3 months after moving, so therefore I received no notification that this was due and it is not correct for them to pass this over when I have not received a formal update via post.
In their response they are quoting British parking association 22.7 'time has passed to challenge'. But surely this is false as I never received notification by post!?
Looking for advice on next steps, as It looks like I have now accepted some form of liability by appealing.
Many thanks for any advice
I was hoping for some help and guidance with regards to a PCN am I am trying to fight.
Last year I parked in a parking space for 20 minutes in a car park which services a small shopping centre in Bristol with a Sainsburys, Wilkos etc etc.
During the first lockdown I parked there a couple of times and the charging had stopped. There wasn't any notice from what i can remember I think it was just that the barrier was up and staff mentioning it. Some time in July I parked there again, for 20 minutes, and subsequently received a PCN for £80. I sent a letter argueing my case which they refused, it then increased to £90.
I appealed to POPLA, because after checking on the website for the shopping centre, there was a banner across the webpage saying that charging was back in force, but no change in the normal signs at the car park. So it proved that they had stopped charging for a period, and they were just expecting people to know these updates without checking the website? .. I also argued that the fine was completely inflated in comparison to the cost to park there, the parking is 60p I think or possibly less for the amount of time I was there.
Anyway fast-forward a few months and the POPLA appeal was denied I believe around Feb after looking back.. however we moved house back in October 2020, and they haven't sent any correspondence to me by post to say it has been denied and payment is now due. The first thing I received was from Debt Recovery Pus demanding £160, I have now had two letters from them.
I contacted Horizon to say I changed my details with DVLA and my V5 address before moving and I have proof that Royal mail have forwarded my post for 3 months after moving, so therefore I received no notification that this was due and it is not correct for them to pass this over when I have not received a formal update via post.
In their response they are quoting British parking association 22.7 'time has passed to challenge'. But surely this is false as I never received notification by post!?
Looking for advice on next steps, as It looks like I have now accepted some form of liability by appealing.
Many thanks for any advice
0
Comments
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Nothing will change the above , unless one of two things happen
1) plan A , a landowner cancellation , or
2) a Court case in your local county court , within 6 years
Once you realise that you are banging your head against a brick wall , and stop , take stock , you will try to get 1) done before it gets to 2)1 -
You should have just come here and sent the template appeal, because Horizon don't use the wording for keeper liability.
You'd have won at POPLA if you'd stopped yourself from doing the usual knee-jerk appeal as driver talking all about what happened and who parked. You'd possibly have won with the first email by not saying who was driving, as Horizon recognise this forum's template appeal. So remember that next time. No appealing all about what happened in future, and certainly not ticking 'driver' on their appeals page.
As long as you have told them your correct address and asked their DPO to erase the old, wrong address (VITAL TO EMAIL THAT TO THEIR DPO AND DON'T ASK US WHAT THAT MEANS...PLEASE...the NEWBIES thread tells you what DPO means and how to find that email address...!). then you must Ignore it unless you get a letter before claim.
This is no different than the advice we hope you already read in the NEWBIES FAQS thread, top of this forum (no link, see my signature for how to hop back with a click).PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
The first thing I received was from Debt Recovery Pus demanding £160, I have now had two letters from them.
The fools of the parking industry, just one of the jokers in a pack of jokers
You cannot be dealing with circus clowns without portfolio
1
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