Horizon parking fine - need help appealing please - SUCCESS!

tightbloke61

I received a parking charge notice from Horizon re parking in a Tesco car park, I have just sent the appeal by email.


Update

Its now been cancelled.

I sent the following,

"I appeal as keeper.  I am not obliged to identify the driver and I decline to do so.

The operator can only pursue the keeper by complying with the strict requirements set out in Schedule 4 to the Protection of Freedoms Act 2012 (‘POFA’). Paragraph 9.(2) (f) states that a notice to keeper "must ...: warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i) the amount of the unpaid parking charges … 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."

The PCN does not comply with POFA because it states the 28 day period wrong by one day. This is fatal to your case. Cancel the 'PCN' or cough up a POPLA Code if you want to put yourselves to that time & expense.."

Slaver

Hi there, having read the information above I am looking to pursue this as a basis for my appeal as well. Would really appreciate if someone can tell me whether the below is acceptable or whether i need to make any changes

Essentially they have my car entering and exiting a car park, but no proof that the car was parked. In addition i've been sent an image of a sign that was present but that doesn't detail the charge that will be applied which i believe they have to.

Regards the NTK, the letter simply states that transfer of liability 'is within 28days of this parking charge' which doesn't appear to be compliant. e.g. it seems that that is 2 days ahead of what POFA state should be written

Dear Sir or Madam,

Re: Parking Charge Notice: Horizon PCN:X

I wish to challenge this parking charge on the following grounds

Non-compliance of Notice to Keeper (NtK) with the Protection of Freedoms Act (PoFA) 2012

The signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself.

Firstly, I appeal on the basis that the Parking Charge Notice is merely a vague template and does not give sufficient explanation or evidence to the allegation that any parking actually took place at this location or that adequate signage existed warning the driver of any charges.

The Protection of Freedoms Act (POFA) 2012 discusses the clarity that needs to be provided to make a motorist aware of the parking charge. Specifically, it requires that the driver is given 'adequate notice' of the charge. As such, evidence should be provided to include a close-up photograph of the sign you contend was at the location on the specified date and include the actual grace period agreed by the landowner.

Secondly, I appeal on the basis that the Notice to Keeper 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 too early.

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.

The received NtK incorrectly starts the 28-day period from the date of issue and not the day after that on which the notice is given.

As PoFA requires exact compliance, this error invalidates the attempt to transfer liability to the keeper.

On the basis of the above, the parking notice should be cancelled.

Le_Kirk

You should start a new thread of your own, as it can become confusing trying to answer two posters on one thread.