PCN sent to old address - missed appeal and landowner not helping

pja75

Hi, I have read everything I can on the Newbies thread so I hope that this follows the rules.

In November last year I parked at a venue which is free for patrons of the venue but has a cost for anyone else. I parked there to visit a function room I was booking, and have bank statements to prove that I spent £150+ there on pre-ordering food for the event. I was there less than an hour. To validate your parking you have to input your details on a tablet at the bar, which I am certain I did. Though for some reason they appear to believe I didn't.

Problem is, the address on my V5 was incorrect (my own fault, I thought I had changed it) and the PCNs have been going to my old address since November. Yesterday I received a letter from Debt Recovery Plus informing me that they have traced my address and owe them £160.

I updated my V5 as a matter of urgency, and then attempted Plan A (as outlined in the Newbies thread) and contacted the landowner to complain. I was parked legitimately and legally, and they got a hell of a lot of money out of my business there!

The landowner says I have to appeal it with Horizon Parking Ltd. Horizon Parking, however, say that I have lost my chance to appeal and offer no alternative way to contact them.

The Q&A regarding debt collector letters says: "IF YOU MISSED APPEAL AND ARE GETTING DEBT LETTERS - DO NOTHING! DO NOT RING THE DEBT COLLECTOR!"

Is this really the stage I am at? To do nothing? Would there be no use sending a letter off to Horizon Parking (as this appears to be the only way to contact them) explaining why I don't think I am liable for the fine and attaching my proof? Id like to get something in writing that states my reason for "ignoring" if that makes sense, incase this goes to court.

I'd be grateful for any advice.

Fruitcake

It is not a fine.

I would be livid having spent all that money but then find the landowner was not interested in securing my repeat custom. I suggest you complain again, pointing this out. If they refuse to help then I suggest you leave negative feedback on their website/social media/Trustpilot/Tripadvisor etcetera to warn others about the infestation and lack of help from the owner.

There is nothing stopping you from sending a late appeal by post, but don't expect it to work. It will however be useful if Horizon make a court claim in the next six years because you can show the judge you tried to resolve the issue at the earliest opportunity.
Add a one liner to the template in blue that since they claim this was a keying error, then they should have offered a reduced charge of £20. By not doing so they have breached the BPA's CoP.
It should be sent first class from a Post Office counter, remembering to obtain the all important free proof of posting.

You should also complain to the BPA about this breach, and should always complain to your MP about the antics of this unregulated industry.

KeithP

pja75 said:

I updated my V5 as a matter of urgency...

You now need to update Horizon with you new address to avoid a court claim being served at the wrong address.

Send a data rectification notice to Horizon's Data Protection Officer - his email address is in Horizon's Privacy Policy webpage - instructing them to remove the old address they have for you from all their records and replace it with your new address. Also insist that they instruct all their subcontractors, e.g. DRP, to act similarly.

pja75

Thank you @Fruitcake, I am certainly not very pleased! The venue was terrible throughout the whole process of the event and I was actually there that evening to fix issues with the booking of the event that they were failing to help with. Every interaction with them in person and over the phone was rude and dismissive, as if me wanting to pay for their services was an inconvenience. They apparently don't have an email address either, which is ridiculous!

This has just been the cherry on top of a very unpleasant experience with them. I am thinking tomorrow I will physically go to the venue and demand to speak to somebody.

Thank you for pointing out the breach of BPA's CoP, that is useful to know. But I don't think they claim it was a keying error - I actually don't know what they claim. The only contact I have had is the demand from DRP. Would it make a difference if I hadn't inputted my details at all? I am starting to question my memory of the evening!

Additionally, should I ever reference the reason I did not appeal in the first instance? Would admitting that the letters were going to the wrong address put me in a bad position? I appreciate this part is my fault, but the PCN should not have been issued in the first place.

Is it safe to email Horizon and DRP and inform them to remove all records of my old address?

KeithP

pja75 said:

Is it safe to email Horizon and DRP and inform them to remove all records of my old address?

You mean as described in my earlier post?

Yes.

Coupon-mad

Same advice as here on two other exact same DRP cases today (and every day):

https://forums.moneysavingexpert.com/discussion/comment/79162968#Comment_79162968

https://forums.moneysavingexpert.com/discussion/comment/79163147#Comment_79163147

But I don't think they claim it was a keying error - I actually don't know what they claim. The only contact I have had is the demand from DRP.

We suspect it was.

And not inputting the VRM is a 'major keying error' for which £20 is the max, under the BPA CoP.

Allege it was a keying error as the driver paid.  See what they say and record the call please - we want evidence for Government. 

ONLY CALL IF YOU ARE ROBUST AND WON'T BE WALKED OVER WITH THEIR AGGRESSION AND UNTRUTHS.

DO NOT SAY WHO PARKED OR USE 'I DID THIS/THAT...I PAID...' 

See the 2 cases replied to already.  Normal advice us ignore unless you get an actual LBC or claim, and we'll help.

Is it safe to email Horizon and DRP and inform them to remove all records of my old address? 

Yes. See email on one of those threads.

pja75

Apologies, Keith. You posted whilst I was writing mine so didn't see it. Thank you for the advice.

pja75

Coupon-mad said:

DO NOT SAY WHO PARKED OR USE 'I DID THIS/THAT...I PAID...' 

Does this apply even if I send a letter to Horizon Parking with an appeal (albeit a late one that probably won't help)? I am not sure how I can explain my side of the story without saying what "I" did, which was attend a meeting with the manager and use the carpark legitimately!

Coupon-mad

You say 'we' or 'the car was parked'.

Certainly it applies - read the NEWBIES FAQS thread first - but you can't appeal now, that's part of the scam.

pja75

Thanks. Yes, aware I can't technically appeal, though Fruitcake suggested it wouldn't be a terrible idea to send a letter with a late appeal to Horizon, if just to cover my back that I tried to deal with the issue should it get taken to court. No expectations that it would achieve anything though.

I think my best bet at the moment is to see if I can really put my foot down with the landowner. Do they have the power to cancel the PCN with both Horizon and DRP?

If not, I suppose I am playing the waiting game and hoping they don't pursue me. My mom is suggesting I just pay it for ease of mind and to not risk court (I am going to be buying a house in the next year, and don't want something like this against my name). If I had actually committed a parking violation perhaps I would, and chalk it up as a learning experience, but it feels totally unfair considering I did nothing wrong at all, like I'm being bullied.

Coupon-mad

But it doesn't affect your credit.