Horizon Parking ticket for parking in parent and child bay

fluffy_snickers

Hi,

A family member got a horizon parking ticket for parking in a parent and child bay in Tesco parking lot. This was on the weekend in the morning (so it's not like children would be off in school at that time). Is it possible to appeal this? Possibly by saying that they dropped off children before heading off into the car park, because they wanted to walk or something similar to explain why my family member was the only one to leave the car? (The pictures they showed on the letter didn't show anybody at all but presumably they could pull CCTV footage)

Should we maybe ask for evidence as well?

LDast

With it even seeing the Horizon Notice to Keeper (NtK), even it one of their more recent attempts at being PoFA reliant, they aren't. Also, if you look carefully at their NtK, there is no mention of an appeals deadline.

So, irrespective of what the NtK was issued, try this as you appeal, or better still, show us the actual NtK (both sides):

Dear Horizon Parking Appeals Team,

I am writing to appeal the Parking Charge Notice issued on [insert date of issue] as the registered keeper of the vehicle [vehicle VRM].

Your Notice to Keeper (NtK) claims to comply with the Protection of Freedoms Act 2012 (PoFA) and the Private Parking Single Code of Practice (PPSCoP), yet it fails to meet the requirements of either. The fact that you proclaim compliance while failing to meet basic legal and regulatory standards is not only baffling but indicates a lack of professionalism within your organisation.

Allow me to explain why your NtK fails on multiple counts:

1. PoFA Non-Compliance

Your NtK misrepresents the timeframe for transferring liability under Paragraph 9(2)(f) of Schedule 4 of PoFA.

PoFA specifies that the keeper can only be held liable "...at the end of the period of 28 days beginning with the day after that on which the notice is given."

Here are the relevant dates:

• Alleged Contravention Date: [date of alleged contravention]

• PCN Issue Date: [PCN issue date]

• Notice Given Date: [calculate the "given date"] (two working days after issue date)

• PoFA-Compliant Start Date: [thr day after the "given date"]

• Correct Deadline: [calculate the deadline date 28 days after the PoFA start date]

Your NtK instead starts the liability period from [calculate the Horizon start date], resulting in an incorrect deadline of [incorrect Horizon deadline date], which is [number of days] days early. This fundamental error makes your NtK non-compliant with PoFA.

2. Breach of the PPSCoP – Section 8.1.2(e)

Your NtK also fails to comply with Section 8.1.2(e) of the Private Parking Single Code of Practice (2024), which states:

"The parking operator must ensure that a notice informs the recipient that they have 28 days from the date of receiving the parking charge to submit an appeal."

On the back of your NtK, under the "Contesting the Parking Charge" section, you focus on appeals made within 14 days to preserve the discounted rate. However, the NtK does not explicitly state the overall appeal deadline of 28 days from receiving the notice, as required by the PPSCoP.

This omission creates ambiguity and could mislead recipients into believing they cannot appeal after the 14-day discount period, even though they still have the legal right to appeal for 28 days. Such a failure is contrary to the PPSCoP's goal of promoting fairness and transparency in private parking enforcement.

By failing to clearly communicate the full 28-day appeal deadline, you breach Section 8.1.2(e), and this failure undermines the enforceability of your notice.

3. Keeper Liability is Inapplicable

As the registered keeper, I have no legal obligation to identify the driver to an unregulated private parking company. Your NtK can only hold the driver liable unless strict compliance with PoFA and the PPSCoP is achieved, which it is not. This NtK is unenforceable as far as keeper liability is concerned.

4. Please Consult a Competent Adult

If you cannot understand why your NtK fails to comply with PoFA or the PPSCoP, I suggest passing this appeal to a competent adult at Horizon who has the necessary understanding of these requirements. Assuming such a person exists, they might be able to avoid wasting further time by cancelling this Parking Charge now.

5. Horizon Has No Hope at POPLA

Your failures to comply with PoFA and the PPSCoP ensure that this charge would fail at POPLA. I urge you to save us both the time and effort by cancelling this Parking Charge immediately.

If you choose to continue pursuing this baseless charge, I require a full response addressing all the points raised above, along with a POPLA code so that I may escalate my appeal.

Yours sincerely,

[Your Full Name]

Registered Keeper of [vehicle VRM]

If you show us the NtK with all dates and times unreacted, we can fill in the blanks in the appeal.

Coupon-mad

Yep - the registered keeper does the above.

DO NOT SAY WHO WAS DRIVING.

buzzcat

Fluffy_snickers how do you get on? I am in the same situation today and do not no what to do 

Le_Kirk

buzzcat said:

Fluffy_snickers how do you get on? I am in the same situation today and do not no what to do 

You should, after reading the NEWBIE sticky, start your own thread with some details of where the vehicle was parked, the name of the PPC and the issue date of the NTK.

Coupon-mad

buzzcat said:

Fluffy_snickers how do you get on? I am in the same situation today and do not no what to do 

Yes you do: read the MSE Guide - it's linked at the top of every page. Everything is explained.