horizon parking rejected appeal

marticus89

I edited the draft leaving only the part about keeper liability. I will send it like this:

POPLA reference number xxxxxxxxxx
Horizon Parking PCN no xxxxxxxxx
 
As the registered keeper, this is an appeal against the Parking Charge Notice issued by Horizon Parking for an alleged breach of the company's terms and conditions in Rontec Harlington, on 23rd June 2024
 
For the avoidance of doubt, the driver’s identity has not been provided and this appeal remains purely from the registered keeper. 

Non-compliance with PoFA 2012

This operator fails the Schedule 4 wording on the same basis that another recent (same wording) Premier Park 'Notice to Keeper' was found as non-compliant by Ombudsman POPLA Assessor Timothy Jessop (and other Assessors since) so for consistency, I point out this decision from a few years ago which is in the public domain:

Assessors Name - Timothy Jessop

POPLA Code - 6662515562

Aquila Residential Aprtments Cardiff Bay
Allowed – March 2016 

Your parking charge Appeal against Premier Park.
As the appellant has not ›been identified as the driver I must ensure this PCN has met the requirements of PoFA.
Schedule 4, Paragraph 9 of PoFA states the PCN must (9f) warn the keeper that if after the Period of 28 days beginning with the day after that on which the notice is given —
(i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(ii) the creditor does not know both the name of the driver and a current address for service for the driver,
The creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;
The PCN issued to the appellant states “If within 28 days we have not received full payment or driver details, under Schedule 4 of the Protection of Freedoms Act 2012, we have the right, subject to the requirements of the Act, to recover the parking charge amount that remains unpaid from the keeper o / the vehicle. “
I this case I do not consider or that the operator has, fully met the requirements of PoFA as by informing the appellant it can seek to recover payment after 28 days, it has failed to meet section (9f) as this 28 day period will not begin until the day after the notice is given.
As such I cannot conclude that the PCN has been issued correctly.

Accordingly, the Appeal Allowed.


As the appellant has not been identified as the driver, we must ensure this PCN has met the requirements of PoFA.

Schedule 4, Paragraph 9 of PoFA states the PCN must (9f) warn the keeper that if after the Period of 28 days beginning with the day after that on which the notice is given —
(i) the amount of the unpaid parking charges specified under paragraph
    (d) has not been paid in full, and
(ii) the creditor does not know both the name of the driver and a current address for service for the driver,
The creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;”
 
The PCN issued to the appellant states “If within 28 days we have not received full payment or driver details, under Schedule 4 of the Protection of Freedoms Act 2012, we have the right, subject to the requirements of the Act, to recover the parking charge amount that remains unpaid from the keeper of the vehicle."

In this case I do not consider that the operator has fully met the requirements of PoFA, as by informing the appellant it can seek to recover payment after 28 days, it has failed to meet section (9f), as this 28-day period will not begin until the day after the notice is given. The day after the notice is given cannot be determined as Horizon Parking have not recorded the date the PCN was received in the post to the keeper. As such, we cannot conclude that the PCN has been issued correctly.
 
For the reason above, I request POPLA to uphold my appeal and cancel this PCN.
 
Sincerely,

xxxxxxxxxx

Grizebeck

Give it a go!

Coupon-mad

I agree.   

LDast

In this case I do not consider that the operator has fully met the requirements of PoFA, as by informing the appellant it can seek to recover payment after 28 days, it has failed to meet section (9f), as this 28-day period will not begin until the day after the notice is given. The day after the notice is given cannot be determined as Horizon Parking have not recorded the date the PCN was received in the post to the keeper. As such, we cannot conclude that the PCN has been issued correctly.

You’d better hope that the janitor or the tea boy is doing the assessments when the above highlighted bit of nonsense is read.

FYI, the date the notice is “received” is irrelevant. It is the date the notice is “deemed” to have been received (or given) and that date is two working days after the date of the notice or the postmark, if there is one.

KeithP

@marticus89, what happened next?
Was you PoPLA appeal successful?
The only way we get to find out what works, and what doesn't, is if people give us feedback.

marticus89

The Popla appeal is still ongoing. The next step is the final decision. I will certainly update you all on the outcome.