Horizon Parking - Late submission of NTK

hroot

I received what I think is a copy of a NTK from Horizon Parking. It's marked "Parking Charge Notice" rather than NTK but appears to show the particulars required in POFA 2012.

It refers to parking on 01/06/2022 and shows a Notice Issue Date of 15/06/2022. I have reason to believe that the Issue date was "back dated" because the NTK was delivered on 21/06/2022 and I find it difficult to believe that the Post Office needed six days to deliver the letter. However I have no proof of posting date because the letter is not postmarked. The timings are rather fine, but I intend to challenge the parking charge on the following basis. Having gone to the car park in question, there are no signs at the entrance. There are no signs that I could see in the car park. There are no parking ticket machines in the car park. There are no parking ticket machines in the supermarket and no notices about parking. The NTK states "clearly set out on signage within the car park", but that appears to not be true.

My challenge would be on the basis that the NTK was not delivered within the required 14 days as specified in POFA 2012 9(4)(b). I claim not within 14 days on the basis of POFA 2012 9(6) which states "A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted". My argument is that (1) the NTK could not have been posted before 15/06/2022; (2) the notice was therefore not given in terms of POFA 2012 until after 17/06/2022 assuming it was posted on 15/06/2022 and in fact was not actually given until 21/06/2022.

Whichever facts apply, the notice was either two working days late, or four working days late.

I will mention the non-visibility of signage as well, but it seems that the primary reason to appeal is that the NTK is late. I'm only really challenging this because I feel that Horizon are pulling a fast one, since I can afford the charge but think that it's unjustified given that the car park is being rebuilt and entrance is via a temporary entrance which is not signed. The driver is certain that there were no signs visible. Am I being unreasonable here?

Coupon-mad

Not unreasonable at all - but you missed a trick!

Horizon PCNs are not even worded to comply with POFA 9(2)f so the 14 days is irrelevant in the scheme of things.

A non-POFA NTK can't hold a keeper liable, never mind the date! Just use the forum template appeal and add words to this effect:

Non-POFA innit...cancel the PCN because you can't win at POPLA.

hroot

OK, thanks for that. It's a big help.

hroot

Challenge submitted.

hroot

It has taken a long time, and Horizon did not deign to contact me via post or email, but following the advice here I contacted Horizon and told them I would not pay and they were out of time. I checked their site several times and the "Parking Charge Notice" was shown as "On Hold". Today it has changed to "cancelled" and the outstanding charge is shown as £0.00.

It's astonishing, to me, that it has taken them fifty days to get around to acknowledging that the charge was unenforceable.

Thanks to MSE and to Coupon-mad for the advice.

Coupon-mad

Easy when you know how!

Nicely and patiently achieved without panic. You'd have won at POPLA anyway as the PCN was non-POFA in wording.

Now you've won this battle, please don't disappear just yet. A final Public Consultation is coming.

We need you; motorists need you to help us make a difference forever.  What a waste of your time this was, and why should there be such a litigation culture in parking?   It's truly horrible being pursued for £100 for no reason, by an ex-clamper aggressive firm, isn't it? 

Join us in trying to end the conniving PPC and DRA 'added fees' fuelling the court culture. 

There will be one window of opportunity later this year.  My best guess is in October.

Together, we can stop the rotten parking industry from riding roughshod over the new statutory Code and the charge level caps, and otherwise bullying all motorists forever, using the regulation to gain kudos and status.

If you are not likely to pop back here every week to check, please set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when the Government opens the Consultation:

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

Read the latest posts there.

The PPC money-grabbers have blocked the new Code by filing for Judicial Reviews.  Stopped the declared and much welcomed parking code from February 2022, which stated that added £70 false 'DRA fee' extortion was to be banned and that parking levels would start at £50.

It's on hold. Motorists urgently need it reinstated and the ban on false 'DRA fees' confirmed, to stop the rot.

This year will be your chance to make a difference, plus any other drivers you know (family, friends) who are also fed up to the back teeth with the greedy and unscrupulous parking industry and the stranglehold they have on people.

We need high numbers of real victims to make a point of responding to this final Consultation.