Horizon Parking Charge - update : Horizon withdrew appeal after POPLA

1122abc

Hi all,

I’m seeking advice about this Parking Charge from Horizon. It is dated 18th November but I received it on 14th December. Unfortunately, I didn’t realise the date on the letter, so I didn’t save the envelope - not sure if it would have had any proof of the date of postage. I haven’t had any issues with my mail being received on time at all. 

It’s well past the date of appeal now, which I find unfair. Can this successfully be appealed?

DE_612183

Have you read the newbies thread?

Plan A - appeal to the landowner.

1122abc

DE_612183 said:

Have you read the newbies thread?

Plan A - appeal to the landowner.

I didn’t think it applied for an appeal about the 14 day discount period. I’m not going to appeal the ticket (as never win and it’s so much hassle) but I wish to appeal against the letter being sent well after any opportunity has been given for me to pay the discounted fine. 

1122abc

I suppose can I even prove that it was sent to me late? How can they prove that the date on their letter is correct? It’s all very unfair. 

DE_612183

1122abc said:

I suppose can I even prove that it was sent to me late? How can they prove that the date on their letter is correct? It’s all very unfair. 

Well the date on the letter is the date on the letter - they don't have to prove what date it dropped through your letter box.

Not sure what you're looking for - in the first post you say "t’s well past the date of appeal now, which I find unfair. Can this successfully be appealed?" , but in the later one you state "I’m not going to appeal the ticket"

It may be a bit unfair - but what are you expecting to happen?

Fruitcake

Plan A is always a complain from the keeper to the landowner and the keeper's MP.
If a landowner cancellation is not forthcoming then appeal using the template in blue text from the NEWBIES plus a one liner that the NTK is not PoFA compliant and therefore the keeper cannot be held liable. 
Send the appeal from the keeper and do not reveal the driver's identity in complaints or appeals. If the keeper can't appeal using the PPC's portal, then send it by post, first class from a Post Office counter and obtain the free all important proof of posting.

Is it me, or is the appeal deadline date missing from the NTK? It mentions 28 days for payment, 14 days for the mugs' discount, 28 days to name the driver/hire or lease company, but I can't see a deadline for an appeal. If I am right, but Horizon refuse the appeal by saying it is out of time, then complain to them that there is no appeal deadline on the NTK. If they still refuse, then complain to the BPA.

1122abc

DE_612183 said:

1122abc said:

I suppose can I even prove that it was sent to me late? How can they prove that the date on their letter is correct? It’s all very unfair. 

Well the date on the letter is the date on the letter - they don't have to prove what date it dropped through your letter box.

Not sure what you're looking for - in the first post you say "t’s well past the date of appeal now, which I find unfair. Can this successfully be appealed?" , but in the later one you state "I’m not going to appeal the ticket"

It may be a bit unfair - but what are you expecting to happen?

I thought it was possible to appeal that the ticket was sent late, but not appeal the contravention?

1122abc

DE_612183 said:

1122abc said:

I suppose can I even prove that it was sent to me late? How can they prove that the date on their letter is correct? It’s all very unfair. 

Well the date on the letter is the date on the letter - they don't have to prove what date it dropped through your letter box.

Not sure what you're looking for - in the first post you say "t’s well past the date of appeal now, which I find unfair. Can this successfully be appealed?" , but in the later one you state "I’m not going to appeal the ticket"

It may be a bit unfair - but what are you expecting to happen?

I wonder if I could be offered the discounted rate again. In any case it is now past their 28 days and I assume bailiffs/court action is next. 

1122abc

Fruitcake said:

Plan A is always a complain from the keeper to the landowner and the keeper's MP.
If a landowner cancellation is not forthcoming once the appeal deadline is approaching, then appeal using the template in nlue text from the NEWBIES plus a one liner that the NTK is not PoFA compliant and therefore the keeper cannot be held liable.
Send the appeal from the keeper and do not reveal the driver's identity in complaints or appeals.

I have called Tesco but the contravention is correct. I have sent an email to the CEO. The issue is that it was received very late and I don’t believe Horizon posted it until recently. I would just like an opportunity to pay the reduced fee.  

Fruitcake

The late receipt of the NTK is an issue, so the keeper should complain to the landowner and their MP and Horizon.
However, it is more important to know that the keeper cannot be held liable for the charge, only the driver, because irrespective of when the NTK was issued or received, it is not PoFA compliant and therefore incapable of holding the keeper liable. It is imperative therefore that the driver's identity is never revealed.

The Interpretation Act and The PoFA 2012 both state that anything posted first class is presumed to be delivered on the second working day after the date of posting. In this case, it is presumed that the delivery date would have been Wednesday the 20th of November. (BPA member) PPCs normally give 28 days to appeal, which should be from the date of receipt/delivery but may be from the issue date because you are dealing with an unregulated industry. You are however still within that nominal 28 day period from the delivery (given) date. You should check the BPA and/or the combined BPA/IPC CoP to see what it says about appeal deadlines.
I may be wrong but I don't think there is an appeal deadline given on your NTK. If I am right, then you can appeal any tome now until eternity and still not be outside the PPC's appeal window. 

I have amended my previous post so I suggest you revisit it.

Coupon-mad

1122abc said:

DE_612183 said:

Have you read the newbies thread?

Plan A - appeal to the landowner.

I didn’t think it applied for an appeal about the 14 day discount period. I’m not going to appeal the ticket (as never win and it’s so much hassle) . 

Even though you can't lose?

As long as you don't say who was driving you have 100% easy win.