Horizon parking. 2 tickets appealed one rejected one upheld

bubblehelp

Hi am hoping that you can help

I am not the keeper or the driver but am handling this issue as the keeper is currently unwell and in hospital due to a dislocated artificial hip for the (3rd time)., I am currently managing the keepers  affairs including email.

2 parking charge notices were issued by Horizon for parking at the (Bamford Arms) in Stockport. Both identical except for the date. Charge 1 was issued on the 18th November. Charge 2 was for the 27th November.

An appeal was submitted using the Blue text from the newbies thread. The appeal for the charge on the 18 November was successful and the charge was cancelled

However the appeal for the charge on the 27 November was rejected although the appeals were identical

I did not receive any of the requested information including photos of signage etc. Street view does not show any signage at the entrance of the site, and pub in question has been permanently closed. I intend to visit the site and take photos within the next few days to confirm the lack of signage 

Any advice as to how to appeal to popla will be most appreciated.

Many thanks and thank you for your time

The Keeper received the email below on December 23rd

-------------------------------------------------------------

Dear Appellant, 

Parking Charge:HP3455403 

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.

As clearly stipulated on signage within the car park, payment for parking must be made for the full duration of the vehicles stay.  Our systems do not show any evidence of payment made against this vehicle on the incident date.

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.

If parking cannot be made without breaching the terms and conditions of the car park, alternative parking arrangements must be sought or motorists will be issued with a Parking Charge as per the car park terms stated on the signage on site.

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 £57.00  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 at https://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 xxxxxxxxxxx

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

Use the win reported in POPLA DECISIONS recently. Work your way back & find that username and the appeal they used about Horizon's current mistake in the stated 28 day period.

bubblehelp

Thank you.
I visited the site yesterday to Look at the signs are confusing. All the signage has sections covered over with stickers.

Unfortunately the keeper has received 2 more invoices as the driver thought it was free parking

any advice please 

Coupon-mad

The advice hasn't changed. 

Winnable by using the POFA error in the 28 days and I explained where to find that decision to quote from and copy that person's appeal.

No link needed. POPLA DECISIONS is at the top if the board. Read it from the latest post backwards till you find the Horizon 28 days one.

Make sure the keeper's POPLA appeal states at the start that they are currently unwell and in hospital due to a dislocated artificial hip and don't need this harassment and were not driving. Driving was not possible due to their medical condition. Therefore they cannot be liable due to the POFA wording error already noticed by POPLA in appeal case xxxxxxx by the Assessor (name) on (date) where the decision stated: BLAH BLAH...

bubblehelp

Thank you very much.
I have read the thread and find it very interesting. I plan to submit the appeal tomorrow. Just wondering if there is a template I can use.

The keeper informed me that the driver saw the free parking on entry and feels that they were trapped as the rest of the signage is not obvious. I counted just 4 in a large car park.

Thank you for all of your help. It is very kind

Coupon-mad

No template is needed for that first point (I already wrote it verbatim for you anyway).

There are templates of course for the other usual points 2 and 3, which we assume you've already grabbed when you read the third post of the NEWBIES thread with the POPLA template points in it, where it tells you how to do a POPLA appeal.

bubblehelp

unfortunately the keeper has received 4 more NTK's from Horizon. So I lodged an appeal with them based on the POPLA win. However I had not noticed that they had changed the wording on the NTK in light of the POPLA  case dated 17 December.

However it is still incorrect.
The new wording now states "If, after 28 days we have not received the full payment we have the right to recover the outstanding  charge from the driver.......

Rather than the correct wording that 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....

So no doubt Horizon will reject the appeal as I misread the amended version. But due to the incorrect wording this will still be a win at POPLA

The poor Keeper who is now home and recovering is becoming very stresses and I hoping that somebody can help confirm that the wording is still  wrong

KeithP

bubblehelp said:

The new wording now states "If, after 28 days we have not received the full payment we have the right to recover the outstanding  charge from the driver.......

And of course the last few words of that bit should read "we have the right to recover the outstanding charge from the keeper".

bubblehelp

KeithP said:

bubblehelp said:

The new wording now states "If, after 28 days we have not received the full payment we have the right to recover the outstanding  charge from the driver.......

And of course the last few words of that bit should read "we have the right to recover the outstanding charge from the keeper".

It does I just put a summary. Unfortunately all this is confusing as i am close to 70 and disabled myself after spending a few months in a coma a couple of years ago thanks to sepsis which does not help.  I think I had a bit of brain fog tonight. 

bubblehelp

UPDATE.

Horizon parking are hopeless. At 10am today I have 4 emails rejecting my appeal on the 4 new NTK's Which I had assumed was down to the mistake I made on the appeal.

Then at 10:30am a second set of emails apologising for an error and all 4 NTK's have now been cancelled.  Unfortunately the Keeper has received yet another one today  which I will once again appeal with an amended template because the NtK is still incorrectly worded.

A big thank you to everybody, now just awaiting the outcome of the POPLA appeal

Coupon-mad

Keep going. You are doing well; knocking them down like ninepins!