Horizon Parking Charge - update : Horizon withdrew appeal after POPLA

1122abc

Fruitcake said:

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.

Thank you for your time and advice.

You are right, there is no appeal deadline.

I thought it was PoFA compliant because I have compared the back of the ticket to other photos on the board and there is an extra paragraph on my ticket which references paragraph 9 of the PoFA Act 2012 (the first paragraph). I cannot see this paragraph on the photos of other tickets on the board, particularly in the post which is mentioned in the newbie guide that has photos of lots of tickets. Hope that makes sense.

1122abc

Coupon-mad said:

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.

I have looked through your thread with photos of tickets. The back of my ticket is different to other Horizon tickets as the first paragraph is a new addition and makes reference to paragraph 9 of the PoFA Act 2012. May I ask for your opinion on my ticket? Thanks for your reply.

Coupon-mad

Yes. It's non-POFA. It matches the one referred to in the latest posts in the sticky thread 'POPLA Decisions' today.

Fruitcake

It is non-PoFA compliant because it does not "specify the land on which it was parked," and does not "warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given " ...

The other issue is that there is no time limit given for an appeal, so the keeper can appeal whenever they want and still not be late. If the PPC refuses an appeal from the keeper for being out of time, however given and no matter when, then complaints to them, then the BPA, should be made. This should be backed up with complaints to the keeper's MP that an unregulated PPC has refused an appeal despite complying with that unregulated PPC's appeal requirements stated on the unregulated PPC's documentation (NTK).

1122abc

My appeal was declined within less than 24 hours after it being sent. I cannot find exactly what I wrote, but I copied and pasted wording from other posters who had recently posted on this board re their Horizon parking charge. I also referenced a recent successful POPLA appeal. I stated that their letter was not POFA compliant.

Does anyone have further advice? I have to proceed with a POPLA appeal by Jan 18th.

Here is their reply:

Thank you for your recent correspondence concerning the above referenced Parking Charge.

 

 

 Review of your Appeal

 

 The Parking Charge was issued lawfully and in full and proper accordance with the Private Parking Sector Single Code of Practice issued by the British Parking Association (the ‘BPA’).

 

There are signs located at the entrance to, and within the car park that state the terms and conditions that apply when parking. 

 

One of the terms and conditions is that vehicles must not exceed the maximum stay period allowed. As this vehicle was found to be parked longer than the maximum period allowed, a Parking Charge was correctly issued.

 

The signs throughout the car park are clear and comply fully with the BPA’s prescribed rules and regulations.  When parking on private land, it is the driver’s responsibility to ensure they adhere to the terms and conditions of the car park concerned.

 

As we have not been provided with the name and a serviceable address for the driver/hirer, under Schedule 4 of the Protection of Freedoms Act 2012, we do have the right, subject to meeting the requirements of the Act, to recover from the Registered Keeper the amount that remains outstanding. We have obtained the name and address of the registered keeper of the vehicle from the DVLA for the purposes of enforcing this charge.

 

Given the above, and whilst we have considered your representations carefully, on this occasion your appeal has been rejected.

  

The Charge Amount and Methods of Payment

 

In good faith, Horizon will hold the charge at the current amount of £70.00  for a further 14 days from the date of this correspondence to allow you further time to pay.

 

Payment of the outstanding charge can be made using our 24-hour payment line: 020 8106 0789 or online athttps://horizonparking.co.uk/pay-parking-charge-notice/

 

Alternatively, payment can be made via cheque made payable to Horizon Parking Ltd and posted to Horizon Parking Ltd, Finitor House, 2 Hanbury Road Chelmsford, Essex CM1 3AE

 

Additional Types of Appeal

 

You have now reached the end of our appeals procedure.  Although we have rejected your appeal, the Parking On Private Land Appeals (POPLA) provides an independent appeals service. To use this service, you must appeal to POPLA within 28 days of the date of this correspondence.

 

For full instructions of how to appeal to POPLA, please visit their website at www.popla.co.uk. If you would rather progress this matter by post, please contact our Appeals Office and we will send you the necessary paperwork.

 

Your POPLA reference number is XYZ

 

Please be advised that if you elect  for independent arbitration of your case, you will be required  to pay the charge at the full amount and as such will no longer qualify for payment at the reduced rate. Please also be advised that POPLA will not accept an appeal where payment is made against the Parking Charge in question.

 

We are required by law  to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal;  however ,  Horizon has not chosen to participate in their alternative dispute resolution service.  As such, should you wish to appeal then you must do so to POPLA as explained above.

 

Yours sincerely,

Coupon-mad

Yep - standard rejection letter, that you were surely ready for? Nobody expected this to work at first appeal stage.

All normal stuff, not new, and you know what to do next, from the NEWBIES thread.

1122abc

Hi all, would appreciate any feedback on my POPLA reason for appeal (only 10k characters allowed). I have tried to search for the original post from the user who had a very recent successful POPLA case (referenced in my wording below), but the user only has 3 posts and no threads

"I am the registered keeper of the vehicle in question, and I am appealing the Parking Charge Notice (PCN) issued by Horizon.

I dispute the PCN on the following grounds:

1. The PCN does not meet the wording requirements of the Protection of Freedoms Act (PoFA).

 

2. This is comparable to an earlier POPLA decision whereby the case was allowed, date of decision on 17/12/2024, POPLA code 3762434330.

The rationale for this decision is copied below:

I am allowing this appeal, with my reasoning outlined below: In this case the appellant has presented a technical challenge to the parking operator’s application of PoFA. The parking operator is reliant on the correct application of PoFA in this case as driver liability cannot be established. As such, in respect of the 28 day period given for the PCN to be paid or for the driver’s details to be provided, I must note that Notice to Keeper in this case does state: “the period of 28 days from the second working day after the date of this Parking Charge”. However, PoFA stipulates (at paragraph 9 subparagraph (2) (f)) that this period must be given from: “the period of 28 days beginning with the day after that on which the notice is given”. In respect of the presumed date of issue, paragraph 9 subparagraph (6) of PoFA advises: “A notice sent by post is to be presumed…to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted”. As such, I must uphold the appellant’s grounds in respect of the wording used by the parking operator in this case, as this sets the 28 day timescale from the presumed date of issue, whereas PoFA stipulates this must begin from the day after. Accordingly, I must allow this appeal.

3.The wording in respect of when a period of 28 days (before the keeper can be pursued) begins a day too early. "

Gr1pr

You will be uploading your popla appeal to popla as a pdf,  nothing to do with character count 

The popla comments stage later on has a character limit 

Follow post 3 in the newbies sticky thread in announcements 

Also study the popla decisions thread up there too, especially any similar cases

1122abc

Update: Horizon withdrew my appeal after the POPLA requested my comments. I have added my outcome to the POPLA decisions thread. Thank you to coupon-mad, gr1pr and fruitcake (won't tag you again to avoid double notifications!)