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Horizon 28 days error POPLA Appeal 2025

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  • Coupon-mad
    Coupon-mad Posts: 151,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 19 January at 9:35PM
    @andromeda24 I think has a Horizon POPLA appeal on their thread. I saw it the other day. Still awaiting the supposed POPLA 'Sector Expert' to get their finger out and realise that the wording on this NTK is a day out.

    But we do have a winning one in POPLA DECISIONS which was exactly the same.  The point is that you need to quote verbatim from the winning decision itself (date, POPLA Code & Assessor if shown) as well as copying what andromeda24 wrote.

    Plus the usual two extra points that everyone includes to POPLA (unless they are brave like andromeda24 and want to try a one-point 'the 28 days is wrongly stated' appeal).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • andromeda24
    andromeda24 Posts: 38 Forumite
    10 Posts Name Dropper
    @andromeda24 I think has a Horizon POPLA appeal on their thread. I saw it the other day. Still awaiting the supposed POPLA 'Sector Expert' to get their finger out and realise that the wording on this NTK is a day out.

    But we do have a winning one in POPLA DECISIONS which was exactly the same.  The point is that you need to quote verbatim from the winning decision itself (date, POPLA Code & Assessor if shown) as well as copying what andromeda24 wrote.

    Plus the usual two extra points that everyone includes to POPLA (unless they are brave like andromeda24 and want to try a one-point 'the 28 days is wrongly stated' appeal).
    My appeal didn't work, FWIW. Will post an update in my thread and the POPLA decisions thread.
  • Coupon-mad
    Coupon-mad Posts: 151,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    @andromeda24 I think has a Horizon POPLA appeal on their thread. I saw it the other day. Still awaiting the supposed POPLA 'Sector Expert' to get their finger out and realise that the wording on this NTK is a day out.

    But we do have a winning one in POPLA DECISIONS which was exactly the same.  The point is that you need to quote verbatim from the winning decision itself (date, POPLA Code & Assessor if shown) as well as copying what andromeda24 wrote.

    Plus the usual two extra points that everyone includes to POPLA (unless they are brave like andromeda24 and want to try a one-point 'the 28 days is wrongly stated' appeal).
    My appeal didn't work, FWIW. Will post an update in my thread and the POPLA decisions thread.
    But your Assessor has erred in law so needs a POPLA complaint to sort it out.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LukasBB
    LukasBB Posts: 20 Forumite
    10 Posts Name Dropper Photogenic
    I was just about to copy the appeal from your thread andromeda24 but seeing as the appeal didn't work is it worth sending it anyway? Or should I try something else? Thanks
  • Coupon-mad
    Coupon-mad Posts: 151,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    But you can see why it didn't work and what is happening now. Show us your draft.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • LukasBB
    LukasBB Posts: 20 Forumite
    10 Posts Name Dropper Photogenic

    POPLA reference number: XXXXXXX
    Horizon Parking PCN: XXXXXXX

    As the registered keeper, this is an appeal against the Parking Charge Notice issued by Horizon Parking for an alleged breach of the company's terms and conditions in Hewetts Quay, Essex car park, on 7th December 2024. For the avoidance of doubt, the driver’s identity has not been provided and this statement remains purely from the registered keeper.

    Summary of Case:
    The Notice to Keeper (NtK) issued in this case is non-compliant with the requirements set out in schedule 4 of The Protection of Freedoms Act (PoFA) 2012. This is because the NtK incorrectly starts the 28-day period for transferring liability one day too early.

    PoFA Requirements:
    Under paragraph 9(2)(f), the NtK must include the following wording:
    "The notice must state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper to pay the unpaid parking charges or, if the keeper was not the driver of the vehicle, to provide the name of the driver and a current address for service for the driver and to pass the notice on to the driver."
    It must also state:
    "(i) that 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; and
    (ii) the period of 28 days beginning with the day after that on which the notice is given."

    Under paragraph 9(6), the notice is deemed to have been 'given' to the keeper on the second working day after the date it was issued. The 28-day period then starts the day after that.
    For example:

    1. The NtK was issued on Monday 16th December.
    2. The NtK is presumed to be 'given' to the keeper on Wednesday 18th December (the second working day).
    3. The 28-day period should then begin on Thursday 19th December (the day after the second working day).

    Where the NtK's Wording is Non-Compliant:
    The wording on the back of the NtK attempts to transfer liability to the keeper one day early by stating that the 28-day period starts “from the second working day after the date of this Parking Charge," rather than the day after the second working day.

    Why This Matters:
    Incorrectly starting the 28-day period is significant because PoFA requires full and strict compliance with its wording to hold the registered keeper liable. By attempting to transfer liability one day too early, the operator has not met the legal requirements of PoFA, meaning that the keeper cannot be held liable for the parking charge.
    The mistake in the NtK effectively cuts short the keeper’s response period and breaches PoFA’s clear requirements, which unfairly prejudices the keeper. POPLA must recognise that this premature attempt to start the liability transfer invalidates the notice, making it non-compliant with PoFA, and as a result, the parking charge should be cancelled.

    Reference to a Previous POPLA Decision:
    I would also like to draw POPLA’s attention to a recent decision regarding a similar case involving Horizon Parking (POPLA code 3762434330, decision date 17/12/2024), which was allowed on the basis of the same non-compliance with PoFA. The assessor in that case ruled as follows:

    POPLA Assessor’s Rationale:
    “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.”

    This case is almost identical to mine in terms of the non-compliant wording used in the NtK, and I respectfully ask that POPLA consider this previous decision when reviewing my appeal.

    In Summary:

    • PoFA states that the NtK is presumed 'given' on the second working day after issuance.
    • The 28-day period to transfer liability then begins the day after the second working day.
    • The NtK incorrectly starts the 28-day period from the second working day itself, which is one day too early.
    • As PoFA requires exact compliance, this error invalidates the attempt to transfer liability to the keeper.

    This is a crucial challenge that POPLA should uphold, as it directly affects the legality of the operator’s attempt to hold the keeper liable.

    I request that this Parking Charge Notice be cancelled based on the non-compliance with PoFA.

    Kind regards,
    [Your Name]

  • Coupon-mad
    Coupon-mad Posts: 151,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep looks good.

    I'd also add the usual 2 other POPLA points in the 3rd post of the NEWBIES thread.  Just to make it harder for the operator and as a safety net to catch you if there is an error like the andromeda24 case error.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad
    Coupon-mad Posts: 151,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Neither. No idea where you found them?!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LukasBB
    LukasBB Posts: 20 Forumite
    10 Posts Name Dropper Photogenic
    Neither. No idea where you found them?!
    There was a link for it in the newbies thread post about popla. Perhaps I'm looking in the wrong place. Could you send a link to the correct post please? I'm really struggling to find it. I'll delete my previous post to avoid confusion.
  • LukasBB
    LukasBB Posts: 20 Forumite
    10 Posts Name Dropper Photogenic
    I've spent about an hour looking through different posts and still couldn't find the two points you mentioned @Coupon-mad
    Could someone help me find those two points I should add to my draft please?
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