Successful Horizon Appeal "Hornsea Car Park"

nopcns

Just a quick thread for reference on a recent successful appeal against a Horizon Parking NtK.

NtK was not PoFA compliant and appeal was made on two PoFA failures: Non PoFA compliant wording and undefined relevant location. Location: Hornsea Car Park (that's it!)

Appeal was successful.

NtK:





Appeal as sent:

Dear Sirs,

I have received your Parking Charge Notice (PCN) Ref: HPXXXXXXX for vehicle registration mark XXXXXXX, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA).

Additionally, even if Horizon were relying on PoFA (which is denied), the Notice to Keeper (NtK) would fail the strict requirements of the Act. The NtK states that the contravention location as “Hornsea Car Park". There is no address or post code for the actual location of the alleged breach of contract between the driver and yourselves.

Upon investigating the alleged location in the NtK, I searched Google Maps for “Hornsea Car Park” and four different “Car Parks” in the area are listed. The four possible locations for the “relevant land” are :

Hornsea Burton Road Car Park, Hornsea;

Eastgate Car Park, Hornsea;

Broadway Car Park, Hornsea;

Morrow Avenue Car Park, Hornsea.

In the NtK, stating a location simply as “Hornsea Car Park", leaves an ambiguity about which car park location the NtK is referring to and therefore, does not define the “relevant land”, which is a strict requirement under PoFA if Horizon wanted to hold me liable as the keeper.

As Horizon Parking have chosen not to issue an NtK in accordance with the requirements of PoFA and there is no obligation for me to name the driver, I will not be doing so. Horizon will be aware that there can be no presumption or inference that the keeper was the driver

I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code where we both know that Horizon will be wasting its money and has no hope of convincing an assessor that the PCN was issued correctly.

Yours faithfully,

And the appeal response:

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