Horizon Parking PCN at a B&M car park

Ponchos · 27 January at 6:30PM

Hi all,

Received a letter today (27th Jan) from Horizon Parking with a parking charge issued on 16th Jan for a breach on 10th Jan. The location was a B&M car park, according to the entry and exit times on the photos provided I was parked there for just shy of 65 minutes, the reason for the PCN is "failure to pay for full duration of stay", with £51 due if I pay within 14 days (30th) or £85 after that. There was no ticket left on the windshield at the time, only this letter which I the first. The letter was addressed to the keeper of the car, though I was driving at the time so I am looking into the matter on their behalf (they were not in the car at any point). During my stay I didn't go into the B&M store at all but instead to a restaurant around the corner. I also did this at the end of last year but was not sent a letter of a parking charge. My understanding is that it was a free car park, though on looking on Google Maps, there is a small sign on entry mentioning Park, Shop & Pay. However, the Maps photographs are outdated as they show the store as a Wilko store (the mentioned sign also says Wilko on it) thought the store is definitely now a B&M store. Maps also shows a small booth containing a machine or two with small signs next to it. I entered the car park at 19:29 so it was dark at the time, and neither me or my passenger saw the signs for pay to park, nor the machines. I will post photos in the next comment to show the sign on entry (according to Maps they are from 4 years ago) and the machine near the entrance to the store.

I have looked at the Newbie thread for how to process, and I think I can make a claim but I'm not totally sure if I can or which method might be best. If I can use "Re PCN number: I dispute your 'parking charge',..." Plan A template as mentioned in that thread, should it be sent to B&M or Horizon parking, or both? Can I send it or should it be from the keeper of the vehicle (on Horizon's website it doesn’t matter but if sending an email to B&M then it will show the sender's email address)? I honestly didn't know it was a paying car park, and if the rates on Maps are accurate (thought the photos are 4 years old) then 2 hours (which I crept into) costs £1 so I would have definitely paid it. I could do without paying £51 (and definitely £85) for this.

I appreciate this kind of message might have been posted time and time again, I have had a look a the Newbie and "Horizon 28 days error POPLA appeal 2025" threads, but even after having read them I'm not 100% sure on the best course of action, so any help would be gratefully appreciated! Thanks in advance

Ponchos · 27 January at 6:34PM

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/gv/ry3unz6b5o4f.png

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/l2/nls388o813mp.png

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/jm/2dgrq7co4hr8.png

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/nf/iun69c7hn3qx.png

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/xf/c8y40emicu5y.png

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/am/ouix4spwh7u1.png

Photos as mentioned

Gr1pr · 27 January at 6:37PM

B & M won't own the car park, the landowner will be another entity, besides which a cancellation is unlikely given the story so far

If the NTK PCN letter fails to comply with Pofa, use a recent appeal to Horizon based on that aspect

Coupon-mad · 27 January at 6:50PM

I have had a look a the Newbie and "Horizon 28 days error POPLA appeal 2025" thread...

Which is how to win at POPLA. No saying who was driving at any appeal stage.

The letter was addressed to the keeper of the car, though I was driving at the time so I am looking into the matter on their behalf...

OK - as long as you do the appeals in THEIR name, not in yours!

Ponchos · 27 January at 7:15PM

Coupon-mad said:

I have had a look a the Newbie and "Horizon 28 days error POPLA appeal 2025" thread...
Which is how to win at POPLA. No saying who was driving at any appeal stage.

The letter was addressed to the keeper of the car, though I was driving at the time so I am looking into the matter on their behalf...
OK - as long as you do the appeals in THEIR name, not in yours!

Thank you. I'm not at the POPLA stage just yet, though I will not be mentioning who was thedriver at any stage, and any correspondance will be made in their name and not mine.

I've had a look on the Thread of Pictures... to see if I can compare an example to my letter to see if it does or doesn't comply to POFA but I'm honestly not sure. I've taken photos of my letter, if this makes it clearer whether I can appeal or if I haven't got a case and need to pay.

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/b5/5xvxo6x77o92.jpg

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/6k/gnv9xi6npcmi.jpg

Coupon-mad · 27 January at 9:18PM

It can easily be seen - at one glance at one sentence - that the wording matches the crux of the POPLA appeal argument. No need for us to check. You can see the sentence matches the appeal point in the thread you read.

Ponchos · 27 January at 11:52PM

I'm afraid that despite several read throughs I can't spot the matching sentence, but as a pro and the creator of this entire thread I shall trust your knowledge. I assume my next step is to use the "one size fits all" first appeal to Horison Parking on their website, and if so and iff possible, should I also attach the above photos taken from Google Maps Street View as posted above?

Coupon-mad · 28 January at 1:19AM

Top of the back page. Look. You can see it.

DO NOT add anything that implies who was driving. No sentences about what you did. Best just stick to the template.

Ponchos · 28 January at 4:15PM

After looking again I am still unsure but my best guess is that the issue is with the 28 days to transfer liability, it starts a day too soon? I'm not 100% if this is correct, I struggle with legal documents and precise wording. If this is the case then the one size fits all template is step one to be sent to Horizon without any additions or adjustments. The appeal "pauses" the charge while they process it but I could be waiting 28 days for a reply? After that, Horizon is likely to come back to me and reject the appeal but give me a reference for POPLA, where I would need to draft a long claim letter using examples found in these forums to back up my claim. I'm not sure if I could copy the letter sent by LukasBB as posted in the Horizon 28 days error POPLA Appeal 2025 thread, or how my situation might differ from theirs. If different then I imagine there would be other things to copy and paste from for my own claim letter.

I appreciate there are likely many people asking very similar questions and it may be tedious and tiring answering them all individually, but most of this is very techincal to me and I'm struggling to understand it clearly. Please bear with me!

doubleoseven · 28 January at 4:23PM

It's explained in this thread:

https://forums.moneysavingexpert.com/discussion/comment/81253431#Comment_81253431

doubleoseven · 28 January at 6:04PM

You can use the following text as first stage appeal, as the registered keeper, not confirming driver.

Should that be rejected, search for "Horizon 28 days error POPLA Appeal 2025" and copy that.

This is an appeal by the Registered Keeper - No driver details will be given.

Please do NOT try the usual trick of asking for driver details in order to get around the fact that your Notice to Keeper does not comply with Schedule 4 of The Protection of Freedoms Act 2012. This is because the NtK incorrectly starts the 28-day period for transferring liability one day too early.

As there is no keeper liability, liability cannot flow from the driver to the keeper and so this will be an automatic win at POPLA. Please cancel this Parking Charge Notice or issue a POPLA code at which point you will auto withdraw.

Horizon Parking PCN at a B&M car park

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free