Horizon 28 days error POPLA Appeal 2025

LukasBB

Hi, I visited my gf's family in London, they rent a flat and the car park is controlled by horizon. After arriving there I was told by a family member it's ok to park there (clearly it wasn't). Fast forward a few days, I received a parking charge from horizon for parking without a valid permit. I contacted the landlord who told me he can't do anything and refered me to the management company who told me in an email they cannot cancel any fines and they also copied horizon on the email. Horizon then replied to the email saying to appeal on their website. I read plan B on this website but I've already admitted to being the driver in the email I sent to the management company. Is there any way to get out of paying the charge? It's £85 or £51 if paid within 2 weeks, should I just pay it? Thank you

LukasBB

Just to add more information as I think it could help: gf's family moved in that flat last month and the landlord told them (verbally) that the flat comes with an allocated parking space (it's not in the contract). They don't drive so they never used it but told me to park there because they believed the parking space belonged to them. The management company replied to my email saying I was supposed to register my parking permit with horizon and they can't do anything. What I'm thinking of doing is appealing on horizon website saying I'm only a registered keeper and the car is used by gf's family and they didn't register with horizon because the landlord never mentioned the need to do it. Does that sound like total BS or is there any chance it could work?

Coupon-mad

Nobody pays Horizon. Forget that!

Appeal online as keeper using the same words seen in the other Horizon thread today (I can't recall the username so please don't ask for a link).

Horizon will not join up the dots. They won't remember the complaint they were copied into.

LukasBB

Thank you, I searched the forum and found this template but I'm not sure if all the points mentioned apply to the PCN I received as the wording looks a bit different. I don't understand how Point 1 deadline is calculated it says on the template: 

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. 

What I'm seeing on the NtK in the First paragraph on the second page it says 28 days from the second working day after the date of the parking charge. Does Point 1 still apply to this?

Point 2 which says that the NtK fails to comply because it's missing 28 days deadline but the one I received does have it.



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]

Coupon-mad

Just put this bit in, only (and obviously don't tick DRIVER):


I am writing to appeal the Parking Charge Notice as the registered keeper of the vehicle.  Your Notice to Keeper (NtK) claims to comply with the Protection of Freedoms Act 2012 (PoFA) but it doesn't. The driver will not be named.  Cancel the PCN or issue a POPLA Code.

LukasBB

I put the text above in the appeal and sent it off. Hopefully they will cancel it and I'll update this thread with the result when I get one. Thank you

LukasBB

Hello I just got a reply from horizon regarding my appeal, they rejected it and issued a popla number. What should I do next?

Coupon-mad

Read the POPLA section of the NEWBIES thread.

And then go and find the POPLA DECISION post - in October or November (?) - about the Horizon 28 days error, because you'll need to quote that decision.

tincombe

Marticus 11 Nov I think. 

The 28-day point remains valid but don't lose sight of the extra-procedural comment which flagrantly misstates the law:

'..all appeals and transfer of liability must be received ..within 28 days of this parking charge'. 

Transfer of liability...my a**e. You have until the creditor morphs into a Claimant and issues legal proceedings which could be years away. Appealing and transfer of liability have no place in the same reference. Chalk and cheese. 

Right to claim unpaid parking charges from keeper of vehicle

4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.

(2)The right under this paragraph applies only if—

(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met;

5(1)The first condition is that the creditor—

(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but

(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

(2)Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.

LukasBB

I read the popla decision post from Marticus 11 Nov but the decision was unsuccesful. There is another post by sgd213 on 17 Dec which was succesful, is this the one you meant to quote to popla?

tincombe

You need to check the exact wording on your NTK against the one usefully provided by coupon-mad in Marticus and sgd. 

Frankly, neither the PPCs nor POPLA really understand what they're doing, to understand why you should read Schedule 4:  https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

It might surprise you, but there is NO reference to Parking Charge Notice in the Schedule, none at all. A total invention of the industry and their servants and acolytes. But we use this term because it's what they use, not because they should. The main issue is that 'parking charge' is a defined term under PoFA:

parking charge”—

(a)

in the case of a relevant obligation arising under the terms of a relevant contract, means a sum in the nature of a fee or charge..

This charge becomes payable by the driver in accordance with the contract formed on site, in effect upon breach of the Ts and Cs. Liability is instant, it does not require the creditor to notify the keeper. Therefore the date of a 'Parking Charge' is the date of the breach. The date of issue of a Parking Charge Notice however is something else. Horizon keep basing their payment periods upon the Parking Charge whereas the law requires them to base these on the date the 'notice is given'.

(f)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;

For the purposes of keeper liability when ANPR is used, the parking charge date is irrelevant, as indeed it must be otherwise the period allowed for the 'Parking Charge' to be paid by the keeper/driver would vary depending upon when the PPC decided to post(issue) the NTK. And pl note that as regards appeals periods, PoFA does not prescribe any form or periods: PoFA is concerned with payment. It also prevents the creditor pursuing the keeper if at any time prior to legal proceedings being commenced they are notified of the driver's details and against a vehicle hire company if they're notified of the hirer  'within the period of 28 days beginning with the day after that on which that notice was given' hence my comment about their grossly defective reference to 'transferring liability'. 

But in all honesty, unless you fully grasp the distinction between parking charge, notice of a parking charge (AKA Notice to Keeper), Code of Practice appeals periods and PoFA payment periods (matters which have eluded PPCs for years) then press on with the relevant template. 

Although marticus and sgd were based on the same facts, their different outcomes suggest that if you intend to reference a prior POPLA decision then you're better off using sgd alone.