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Simple Procedure - Horizon Parking

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Hello,

I recently received a simple procedure court order letter in regards to parking tickets from Horizon Parking.

The background of the story is that the driver was in a relationship with someone that lived in a city centre flat which was managed by a private parking company which resulted in some parking tickets. The driver was then added onto the permit and the tickets stopped. Roll on 4 years later and a simple procedure form comes through the door! 

There is proof of this permit via email and I have the tenant of the flat as witness, even though it did take 2/3 months to be added to the permit.

I was just wondering how well this defence would stand up in court? I know I am under no obligation to name the driver so I’m not sure if that would be an easier road to take, although this would be harder to prove.

any help would be greatly appreciated!!

Thanks😊
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Comments

  • Coupon-mad
    Coupon-mad Posts: 152,673 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Better to admit to driving and stick to the facts and evidence about being permitted and that Horizon know you were permitted, and that to trawl back to find old PCNs from the period including where a permit application had been made, is clearly punishing a permitted driver for the parking firm/managing agents' delay and is not a case supported by any 'legitimate interest' as was argued in ParkingEye v Beavis.

    If this adds up to four figures I would get a solicitor or speak to free law advice in Scotland at the very least.
    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 THREAD
  • Tcw23
    Tcw23 Posts: 13 Forumite
    10 Posts
    Thanks so much coupon-mad. I’ve contacted a solicitor for free legal advice this morning but the defence has to be in for next Thursday so I’m starting to panic a little bit. I thought for a while I was in with a good chance of winning due to the circumstances but now I’m not so confident. My friend also got a simple procedure form through from the same parking company 2 days after me so they must be hammering down just now!
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you complained to your MPs
    You never know how far you can go until you go too far.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    They are , but we see very few in Scotland and it's a different legal system up there , hence why we know little about it and we advise people in Scotland to seek out a law centre or a solicitor
  • Tcw23
    Tcw23 Posts: 13 Forumite
    10 Posts
    D_P_Dance said:
    Have you complained to your MPs
    I haven’t, would this help me at all?
  • Tcw23
    Tcw23 Posts: 13 Forumite
    10 Posts
    Redx said:
    They are , but we see very few in Scotland and it's a different legal system up there , hence why we know little about it and we advise people in Scotland to seek out a law centre or a solicitor
    The solicitor got back to me and advised me to contact the university law clinic which I have and it states it can take up-to 15 days for them to respond. Am I best to draft up my defence just now and then if it gets taken further, bring in the advice from the law clinic? 
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Tcw23 said:
    D_P_Dance said:
    Have you complained to your MPs
    I haven’t, would this help me at all?
    It might,  but it would certainly make the MP aware that these companies were in the business of scamming vulnerable people

      
    You never know how far you can go until you go too far.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 12 October 2021 at 10:15AM
    Tcw23 said:
    Redx said:
    They are , but we see very few in Scotland and it's a different legal system up there , hence why we know little about it and we advise people in Scotland to seek out a law centre or a solicitor
    The solicitor got back to me and advised me to contact the university law clinic which I have and it states it can take up-to 15 days for them to respond. Am I best to draft up my defence just now and then if it gets taken further, bring in the advice from the law clinic? 
    We see very , very few of these simple procedures cases on here and we are not allowed to give legal advice either , only our opinions , so I suggest that you familiarise yourself with the simple procedures system by reading up online ( but it's never a good idea to delay any such paperwork , so check your deadline for submitting it to the sheriff's office )

    The FAQ sticky threads on here are only for England and Wales , not Scotland or Northern Ireland !
  • Tcw23 said:
    D_P_Dance said:
    Have you complained to your MPs
    I haven’t, would this help me at all?
    It will help and your can refer your MP to Pete Wishart Scottish MP who spoke in the House of commons regarding the new code of practice

    Pete Wishart MP - Parking (Code of Practice) Bill - End rogue parking firms


    https://www.youtube.com/watch?v=XwfnFAfkvDo
  • Umkomaas
    Umkomaas Posts: 43,427 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    For how many tickets and for what total amount are Horizon pursuing you?  Some further context might help here. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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