Horizon Wanstead flats

Salamander1722

This is the 1st one.

Coupon-mad

Salamander1722 said:

This is the 1st one.

Oh good!

Non-POFA worded. Can't hold the keeper liable. Easy win as long as you appeal ONLY AS KEEPER without saying who was driving.

Please tell other parents. DON'T let them appeal as driver!!

Salamander1722

This is the second. Argh, I’m so time strapped with work and little kids, i’m going to try and plough through the threads and appeal tonight.

Coupon-mad

Salamander1722 said:

This is the second. Argh, I’m so time strapped with work and little kids, i’m going to try and plough through the threads and appeal tonight.

That top paragraph is POFA compliant so that NTK version can hold a keeper liable.

But this appeal still works:

https://forums.moneysavingexpert.com/discussion/6595502/tesco-harrow-horizon-parking-charge/p1

Salamander1722

Thanks, I’ll concentrate on the 1st one initially.
one of the other parents is using a company that deals with overturning them.

i wanted to give it a go myself because it seems absolutely endemic atm! 

Coupon-mad

Salamander1722 said:

Thanks, I’ll concentrate on the 1st one initially.
one of the other parents is using a company that deals with overturning them.

Oh no. Those companies are mostly awful (clueless) and one is run by Tony Taylor, an ex-PPC employee. None of the parents should be paying some daft third party!

Salamander1722

Ok, so the appeals on all 3 was unsuccessful unsurprisingly.

Time for the POPLA appeals process I’m assuming. I’ve been provided with numbers for all 3.

I have also found a contact at Epping Forest so will share the complaint I make to them re the aggressive tactics of Horizon etc in due course.

Salamander1722

I'm in the process of cobbling my POPLA appeal using a combo of templates, i thought i'd post a link to the BPA's code of practice 1.1 that came into effect 17th of Feb 20245 

https://www.britishparking.co.uk/write/Documents/AOS/Sector Code Templates/sectorsingleCodeofPracticeVersion1.1130225.pdf

Salamander1722

It's relevant as the bullet pointing and clauses are different now than with the old version if paraphrasing from some of the examples given in the NEWBIES thread. 

Salamander1722

For example re consideration and grace periods it now refers to an Annex 2 and is far leaner....
It seems very murky when looking at Annex 2 in regard to parking Tariffs and the 5 min consideration period, which details 'n/a' on the table in relation to online payment (this is a Ringo operated car park). 
I think this is well worth looking at, as it shifts focus on poor signage on entry and what a fair consideration period is.

5.1. Consideration period Where a parking operator assumes a vehicle is parked based on time alone they must allow a consideration period of appropriate duration, subject to the requirements set out at Annex B. The following factors should be taken into account:

 a) the time required for a driver to identify and access a parking bay appropriate to their needs; 

b) the time required for a driver to identify and read signs that display the parking terms and conditions, or the consequences of choosing to park where public parking is not invited;

c) the time required for a driver to identify and comply with requirements for payment;

d) the time required for a driver to leave the controlled land if they decide not to accept the terms and conditions;

e) the impact of the layout of the controlled land on 5.1a) to 5.1d);

f) the impact of the number of vehicles accessing the car park on 5.1a) to 5.1d); and

g) the impact of the volume of traffic within the controlled land on 5.1a) to 5.1d)

NOTE 2: The consideration period may end earlier than the times prescribed in Annex B where there is evidence that the driver has, accepted the terms and conditions applying (whether or not they have chosen to read them) which may for example be evidenced by the driver parking the vehicle and leaving the premises, paying the applicable parking tariff, or remaining on the controlled land for more than 5 minutes. See Annex B Table B.1

5.2. Grace period

A grace period as set out at Annex B to this Code must be allowed by the parking operator in addition to the parking period. A parking charge must not be issued during a Grace Period.

NOTE 1: The grace period does not apply other than where the driver has parked in compliance with the applicable terms and conditions – it does not apply in isolation so as to allow free parking up to the sum of the consideration and grace periods.