Horizon Parking Golden Ticket!

Not_A_Hope

The registered keeper has received the attached PCN from Horizon which as usual is not POFA compliant. Therefore they shall be appealing as keeper with the following:-

I appeal as keeper. I was not the driver nor even an occupant of the vehicle. I am not obliged to identify the driver and I decline to do so. You are not able to transfer the driver’s liability (if any) to me as you have not served me with a notice to keeper that complies with Schedule 4 to the Protection of Freedoms Act 2012 (“POFA”) and it is now too late to do so. In particular (without limitation) your notice does not contain the warning required by paragraph 9(2)(f) POFA. 

I suggest you cancel the parking charge and save the time and expense of a POPLA fee where you will lose. Should this matter go to the small claims court I can provide a witness statement from a serving police officer that I was not the driver.

Following cancellation I require you to remove my personal information from your database

I trust there is little point in detailing at this point any mitigating factors that led to the alleged overstay. Any comments welcome.

Fruitcake

It is as you say a non-PoFA compliant NTK, so I can't think of anything else you need to add, assuming you have already exhausted Plan A.

Not_A_Hope

Plan A was attempted with the Co-Op on the day as the driver was unable to leave the car park in time due to the Ribble Valley Truck Run which apparently is an annual charitable event in aid of local charities. This left the local village completely grid locked during and for some time after the event. All the driver got was the usual  ‘it’s not our car park…there is nothing we can do’.

Umkomaas

I suspect Horizon won't cancel (even though they know they have no case against the RK), but POPLA will, with a suitably drafted a 'not PoFA compliant NtK') appeal. Well done (in advance!). 😄

Not_A_Hope

Thanks to everything I have learnt on this forum in recent years a quick early bail out by Horizon following my initial appeal based on their non-POFA NTK. 

22nd April 202415:31

Parking Charge Notice Reference	xxxxxxxx
Vehicle Registration Number	xxxxxxxx
Breach of Terms and Conditions	Exceeded Maximum Stay Period
Date and Time of Breach	31st March 202431st March 202402:41 PM
Location Name	Co-op Whalley
Date of this Correspondence	22nd April 2024

   

Dear Appellant,

Parking Charge Notice:xxxxxxxx

Thank you for your recent correspondence regarding the above Parking Charge Notice, which we have reviewed.

I can confirm the Parking Charge Notice has now been cancelled and no further action will be taken in this matter.

Please note that once the Parking Charge Notice is cancelled the contact details are removed from the Parking Charge Notice and will not be retained for any purpose or shared with third parties.  We are, however, required to retain images and appeal correspondence for a period of 2 years by DVLA and the BPA and are not therefore able to delete these from our system. You can review our privacy policy at https://horizonparking.co.uk/privacy-policy/ or you can request that a copy is sent to you in the post by contacting us at the address below, if you have any queries regarding your data.

 

Yours sincerely,

Horizon Parking

 

Umkomaas

Nice one. My prediction one step out.  They saved their POPLA fee by 'going early'. Well done.

Thanks to everything I have learnt on this forum in recent years

You're doing well, and I enjoy reading your inputs to the forum, and helping the fight against this pernicious skimdustry!

Coupon-mad

Same. 

Nicely done.  Stick around!

ringling

How do I know if this is compliant? And why does it not say 'parking charge notice' only 'parking charge' does that matter? To add, the registered keeper is the company, it is a company car, I will not state which employee was driving but it wasn't the registered keeper nor was the registered keeper even a passenger. It's mad to me that an Asda car park charges. Any help much appreciated! I also can't find the 'newbies sticky' if anybody could link that to me? Attached the parking charge. 

Grizebeck

Dead easy to beat. Non pofa

Coupon-mad

How do you know if it's compliant?

You just compare the NTK to the Horizon listing on my thread of NTK pictures (which is linked in the first post of the NEWBIES thread).

ringling

If it is non POFA do I contact the store somehow or do I do the appeals process through horizon please? Is there certain terminology I must use as I have seen another similar post here that had their appeal denied.