Horizon Parking Charge for Charging (leased) EV at Tesco

guyvxt

Coupon-mad said:

Try the NEWBIES thread clear advice re 'plan A' while you await your NTH.

I received the Notice To hirer today from Horizon, any advice for the next steps with my case of re-fuelling an EV? thanks

Gr1pr

guyvxt said:

Coupon-mad said:

Try the NEWBIES thread clear advice re 'plan A' while you await your NTH.

I received the Notice To hirer today from Horizon, any advice for the next steps with my case of re-fuelling an EV? thanks

Does it fully comply with Pofa   ?  Including a copy of the contract   ?  ( I doubt it   )

In which case there would be no hirer liability,  meaning that you appeal as hirer by following the Edna Basher advice in the newbies sticky thread in announcements,  first post 

guyvxt

It is a single A4 piece of paper,
Front has the photos of the vehicle with the entrance/exit times
Rear has some 'useful information' on it and a how to pay section



Should I be using this template found on here adapted for my circumstances:

I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to me at the address listed below:

Address...

I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Horizon Parking has no reason to contact Tuskerdirect Limited again regarding this PCN.

The car was left charging in an EV charging bay, which is not parking. I attach evidence of the transaction with Podpoint as proof of this fact.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Horizon Parking’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,


If so then when should I be sending this correspondence? Amount due is £40 within 14 days and £70 thereafter.

guyvxt

Some additional info 
Parking Charge Notice was issued to Lease company on 19th March, they responded on 31st March stating it was on long term lease to me.

NTH was issued on 7th April and received at my address today on 14th April.

Gr1pr

You have not answered the 2 questions I asked 

1) does that NTH fully comply with the law named POFA 2912, specifically the timescales and wording that apply to hire or lease vehicles   ?

2) as well as the NtH document,  did they include a copy of the hire agreement or lease agreement with the NtH   ?  As required under Pofa2012   ?

You appeal when you have checked the details,  before the appeal deadline expires 

Coupon-mad

Yeah but we know they didn't include any documents, @Gr1pr  

guyvxt

Hi both and thanks for the replies. I can confirm that there was no copy of a hire agreement with the NTH.

I do not believe the timescales quoted on the letter are correct after reading the latest Horizon related decision in the POPLA thread. They have quoted 28days from this parking charge not allowing any time for postage. The parking charge issue date was 7days before the day of delivery.

I asked about the appeal time as I didn't want to appeal too early and allow them time to obtain the hire agreement and come back at me.

Coupon-mad

That's easy - the final lines on the front page say they can only pursue the driver

guyvxt

Coupon-mad said:

That's easy - the final lines on the front page say they can only pursue the driver

So what does that mean for me?

Do I need to send a reply using the template:

I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to me at the address listed below:

Address...

I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Horizon Parking has no reason to contact Tuskerdirect Limited again regarding this PCN.

The car was left charging in an EV charging bay, which is not parking. I attach evidence of the transaction with Podpoint as proof of this fact.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Horizon Parking’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,