Appeal to Horizon Parking - can someone check my additions please?

maralions

Hi all, 

Firstly thanks very much for your help. I have read the newbie posts, and have done my best to research and follow up any queries I've had. However I do struggle with information processing so please forgive me if I have missed anything. 

The facts:

- On 23rd September I received in the post via Royal Mail a PCN.
- This was an ANPR issued on the 8th September for a breach on the 31st August.
- This was for parking for 1 hour 2.5 minutes on private retail (Co-op and laundry).
- They allow 45 minutes free parking and £1 for an additional hour.
- This is new paid parking - I have parked for free before - and I was not aware of the change.
- It was dark at the time of me entering (19:45) and I didn't see any signs. However, I can see the signs on Google Streetmap. The sign does not look illuminated - there are no lights on it. 
- They ANPR shows my car entering and leaving at the junction to the carpark, before the sign. i.e. my car had not passed the sign.

Steps I have already taken:
- I firstly emailed to ask for an extension of the 14 day reduced fine as this time had already past.
- After learning more about issue requirements, I emailed them asking for evidence that they posted the notice in time. - They replied with a PRINT date.
- I replied saying that a print date was not the same as a POST date and to provide evidence. They gave no further evidence but simply said that they posted it on the same day and that they have no control over Royal Mail. 

I have read the advice on here and I appreciate that I may have not done everything correctly, but it is what it is at this stage. I probably shouldn't have contacted them first. 

I would like to appeal on the grounds of not receiving the PCN and the signage being poorly visible. Here is my template. I have added additions in BOLD. 

Many thanks everyone and again apologies if I have missed anything. 

Dear Sir/Madam

Appeal against Parking Charge Notice (PCN) no. ---------

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 landowners, The Cooperative and Goodman Sparks Laundry & Dry Cleaning, as well as to my local MP.

There will be no admissions as to who was driving, and no assumptions can be drawn. Since your PCN is a vague template, I require a full explanation of the allegation and full evidence. You must include a close up actual photograph of the sign that you contend was at the location on the material date, including evidence that it was properly illuminated on the date and time in question, which was after dark, as well as your images of my vehicle showing beyond dispute that it was parked in the alleged location at the alleged time and date, and not simply on a road outside of your parking facility.

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.

I contest and appeal this ‘parking charge’, on the grounds that you have failed to comply with Schedule 4 of the Protection of Freedoms Act 2012; the PCN was delivered 22 days later than the day after which the specified period of parking ended, and not within 14 days as required in paragraph 9 of the aforementioned Act. Therefore, keeper liability does not apply, and I consider that your ongoing pursuit of this charge will ultimately be in vain.

Yours sincerely,

------------

Registered Keeper

paulstevens64

The Key thing is not to reveal the identity of the driver. I hope you did not say "I ..." in your initial questions, or in any way imply that you weree the driver.

Horizon do not use the POFA, so cannot hold the keeper liable. You can just send the appeal unaltered, and Horizon will cancel your case. As they are looking for people who have not done their research, who appeal, saying "when I parked, it was dark etc etc", thereby giving away the identity of the driver.

maralions

Hmm. I wrote this in my first email:

Yesterday (23rd September) I received a parking charge notice in the post at my address.

 

The PCN number is ___________ I haven't had the opportunity to pay the reduced fine as I received the letter after the 14 day notice of issue. I should have received this in time to make the payment. I would like the opportunity to pay the reduced fee. I simply did not receive this in time - can you please explain why this has only just been delivered?

 

Please can someone arrange this for me and contact me as soon as possible?

So whilst I have refered to me receiving it and paying it, I have not said that I was driving or parking. 

Should I just send what I have written anyway?

Ugh!!!!

paulstevens64

I think you have really only used "I" in the context of being the keeper. I do not think you have identified yourself as the driver.

I would just send the blue template as it is, with a line saying "As your Notice to Keeper is non POFA complaint you cannot hold me (the Keeper) liable for this charge. Since I will not be naming the driver, to save yourself any further costs, you should cancel the ticket immediately"

maralions

Thanks, I appreciate the help. I've sent it, so fingers crossed!

Coupon-mad

maralions said:

Thanks, I appreciate the help. I've sent it, so fingers crossed!

You don't need to cross your fingers because Horizon PCNs are non-POFA in wording and 100% winnable, as long as you point that out to POPLA and don't write anything about the circumstances/who was driving.

As I always say: DON'T FIXATE ON THE DATE SENT OR RECEIVED WHEN YOU HAVE A PCN THAT IS NON-POFA ANYWAY, IN ITS WORDING!

Even if it had arrived within a week, a PCN from Horizon is still not capable of holding a keeper liable.

CLUE: POFA Sch4 para 9(2)f is missing.

maralions

Thanks all, I received my notice of cancellation today. Hurrah! Thanks again for the help!

Le_Kirk

Whoopy Doo a victory for you.  Well done!