Supermarket PCN - Horizon - Time Limit recently changed, first time help needed

Ack77

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Hi,

Received a PCN from Horizon parking for overstaying in an Asda Car Park. The time limit was recently changed about a month ago after years of being 3 hours free.  I only noticed this after the fact of reviving the PCN. 

I’ve read the newbies thread but I am a little confused on the POFA 2012 statement and how it can complicate the appeal if I went down the route of not disclosing the driver. 

Please can someone help me with best course of action. Do I complain to Asda first then use a template to Horizon? I’ve attached the PCN. 

KeithP

Hello and welcome.

Yes, complain to Asda first, but if needed I found this appeal worked very well against a Horizon pcn...

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 at which point you will auto withdraw.

Within two weeks the following response was received from Horizon...

Dear Appellant,

Parking Charge Notice: 00073****7

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.
 

Kind regards,

Appeals Department

Horizon Parking Limited

Gr1pr

You should also check the BPA CoP for the section on Extra signage etc when the rules change, even though it won't be in the appeal because you should use the template appeal as keeper provided by KeithP above 

LDast

But that NtK is PoFA compliant, unless I've missed something.

Horizon are trying to get their act together. Any defence will have to be on signage and landowner contract.

If the terms of parking have changed recently, have Horizon complied with the BPA CoP section 19.10?

Ack77

KeithP said:

Hello and welcome.

Yes, complain to Asda first, but if needed I found this appeal worked very well against a Horizon pcn...

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 at which point you will auto withdraw.

Within two weeks the following response was received from Horizon...

Dear Appellant,

Parking Charge Notice: 00073****7

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 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.
 

Kind regards,

Appeals Department

Horizon Parking Limited

Hi @KeithP, thanks for the reply. Did this work for a POFA compliant NTK? If so I’ll use it now. 

Ack77

LDast said:

But that NtK is PoFA compliant, unless I've missed something.

Horizon are trying to get their act together. Any defence will have to be on signage and landowner contract.

If the terms of parking have changed recently, have Horizon complied with the BPA CoP section 19.10?

I am not sure if they made temporary signage before the change in hours. So if it’s PoFA compliant would it be easier to just pay?

Gr1pr

No, it would be easier to appeal based on no landowner authority, poor and inadequate signage, plus that BPA CoP section about changes requiring Extra signage etc

LDast

Ack77 said:
I am not sure if they made temporary signage before the change in hours. So if it’s PoFA compliant would it be easier to just pay?

Have a read of the BPA CoP, section 19.10 and then tell us whether they have complied with the requirements?

Nobody pays these vermin. Why would you just pay because it is PoFA compliant?

Not_A_Hope

It would be easiest to complain to Asda in the first place. Retailers can often get PCNs cancelled. Try in store or if necessary write to the chairman explaining the change in maximum parking time and lack of adequate signage. I bet loads of people have been caught out. Show them how much you spent and tell them you cannot afford to shop at Asda if it comes with a surcharge of £100. You will start shopping elsewhere.

An appeal to the parking company is far less likely to be successful as it doesn’t earn them anything.

Ack77

Not_A_Hope said:

It would be easiest to complain to Asda in the first place. Retailers can often get PCNs cancelled. Try in store or if necessary write to the chairman explaining the change in maximum parking time and lack of adequate signage. I bet loads of people have been caught out. Show them how much you spent and tell them you cannot afford to shop at Asda if it comes with a surcharge of £100. You will start shopping elsewhere.

An appeal to the parking company is far less likely to be successful as it doesn’t earn them anything.

My partner was there and she doesn’t have a receipt and paid cash so won’t help. 

Coupon-mad

Ack77 said:

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If neither Asda nor the retail park owner/agent will cancel this PCN when you complain (PLAN A which should work by contacting the retail park site agents and explaining / complaining about the unannounced change), then deploy PLAN B:

Just appeal to Horizon, then POPLA, saying that the operator appears to have just put a sticker over the free hours and changed it from x to y which doesn't comply with the BPA CoP clause (whatever).  Show a photo of the sticker on a sign as evidence for POPLA.

Say there were no additional signs up to warn people familiar with the old time limit.

Should be an easy win at POPLA.


EDIT:

The above new NTK is still non-compliant with the POFA.  The 28 day period is wrong stated by one day, on the back.  See POPLA DECISIONS end of 2024.