Horizon Parking - Princes Mead Shopping/ ASDA

cidermaker92

Hi newbie here. I have read the post and all available information (that I think I can find relevant). It was received on the 14th day since the supposed breach date, so just within the 14 day window.

I have received a PCN from Horizon Parking. It is a NTK and I believe it is a POFA one. I am only the keeper, not the driver. It gives no details of the amount failed to pay for the car park and I believe the signage is rather small around the car park, and as a super store car park you wouldn't expect it to be a ticketed car park during business hours. The time frames given on the PCN is less than 1 hour.

I have contacted the land owner Sovereign Housing Association as PLAN A and have had the issue passed on to the commercial team and awaiting reply. I clearly stated as the keeper not the driver I hold no liability and do not appreciate the predatory conduct of Horizon Parking contacting me with this PCN, no window PCN present.

Have I done all I can do for now, or should I email Sovereign as well?

When should I be enacting plan B appeal?

Anything I have missed out doing or should be doing differently would be greatly appreciated.

regards

Gr1pr

The keeper appeal is submitted before the standard deadline for appealing, if its not cancelled 

Are you absolutely certain that the PCN complies with POFA. ?

What was the alleged breach. ?

LDast

It matters not one iota on what date you physically received the NtK. The important dates are that of the alleged infraction and the date the NtK was issued. The number of days from the date of the alleged infraction plus the number of days from the date of issue plus 2 working days is what counts.

It is unusual to see a Horizon NtK that is PoFA reliant, irrespective of the dates. Please show us both sides of the NtK with all dates showing. Just redact the usual personal details, VRM and PCN number.

Not_A_Hope

Check out my last thread regarding a recent Horizon PCN that wasn’t POFA compliant. They cancelled it promptly

https://forums.moneysavingexpert.com/discussion/6521465/horizon-parking-golden-ticket#latest

cidermaker92

I think this is POFA compliant, but please correct me if I am wrong

Coupon-mad

Hmmm... Horizon are finally trying to comply with the POFA - but they've failed.

  

In that final paragraph on page 1, "if after 28 days" is the wrong time period. That does not match the prescribed wording in Schedule 4 para 9(2)f.

KeithP

In the last few days I've had a Horizon PCN cancelled by using these words, and only these words,
in an appeal...

This is an appeal by the Registered Keeper - no driver details will be given. 
Please do NOT try the usual trick of asking for driver details in order to get around the fact that your Notice to Keeper does not comply with Schedule 4 of The Protection of Freedoms Act 2012. 
As there is no keeper liability, liability cannot flow from the driver to the keeper and so this will be an automatic win at POPLA. Please cancel this Parking Charge Notice or issue a POPLA code.

Seems to take them about a week to think about it and then their appeal portal shows...

cidermaker92

Coupon-mad said:

Hmmm... Horizon are finally trying to comply with the POFA - but they've failed.

  

In that final paragraph on page 1, "if after 28 days" is the wrong time period. That does not match the prescribed wording in Schedule 4 para 9(2)f.

I am confused, but this is the wording of sch 4

"(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—"

so surely the time period is correct?

Gr1pr

The number may be correct but the rest of the wording you quoted is missing, no start day etc ( look at the part, after the 28 days. )

Wording is strict, not just numbers 

cidermaker92

Hi thank you all for your help so far, I have contacted the land owner , Sovereign, and this time have been told they can't (won't) do anything. Thus exhausting plan A.

On to Plan B it is then. I will get online to the appeals page but wanted to check with you knowledgable people on the wording I plan to use. See below.

Re PCN (number):

I dispute your 'parking charge', as the Registered Keeper of the vehicle. I deny any liability or contractual agreement and I have made a complaint about your predatory conduct to your client landowner, Sovereign Housing Association.

I appeal as the Registered 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 and no assumptions can be drawn. 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. 

Please do NOT try the usual trick of asking for driver details in order to get around the fact that your Notice to Keeper does not comply with Schedule 4 of The Protection of Freedoms Act 2012. 
As there is no keeper liability, liability cannot flow from the driver to the keeper and so this will be an automatic win at POPLA.

I suggest you cancel the parking charge and save the time and expense of a POPLA fee where you will lose. Please cancel this Parking Charge Notice or issue a POPLA code.

Regards

Please advise of any changes or additions/subtractions I should make if possible.

Thanks once again, very grateful keeper

Coupon-mad

Looks good.