Horizon parking PCN - help required

jrs101

Hello

A PCN appeal was declined (already complained strongly to retailer Tesco - no good, use the "process" was the reply).

Details of appeal rejected below.

Date of appeal response declined - 23rd April

I have a POPLA reference now.

Can someone confirm what I go to POPLA with (I recall some details about "Horizon POPLA DECISION" from the other month about "wording". Does this still apply? What is my way forward here?

thanks in advance!

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. 

 One of the terms and conditions is that vehicles must not exceed the maximum stay period allowed. As this vehicle was found to be parked longer than the maximum period allowed, a Parking Charge was correctly issued.

 

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.

 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 £70.00  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

If you have no evidence that you wish to submit to us then 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.

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.

 

Gr1pr

Study other recent cases in the POPLA Decisions sticky thread,  plus study the 3rd post in the newbies sticky thread in announcements near the top of the forum by coupon mad 

If you have a popla code and a reasonable legal point to make   ( not excuses  ) , possibly Pofa2012,  no landowner authority,  poor signage etc, then popla is plan C ( you already tried plans A & B  )

Any cases within the last 4 to 12 months are useful,  especially recent cases from this year 

Coupon-mad

Horizon are still cancelling at POPLA stage when people use the 'no keeper liability' point (despite the fact they now use PoFA wording).

jrs101

Gr1pr said:

Study other recent cases in the POPLA Decisions sticky thread,  plus study the 3rd post in the newbies sticky thread in announcements near the top of the forum by coupon mad 

If you have a popla code and a reasonable legal point to make   ( not excuses  ) , possibly Pofa2012,  no landowner authority,  poor signage etc, then popla is plan C ( you already tried plans A & B  )

Any cases within the last 4 to 12 months are useful,  especially recent cases from this year 

I have perused in respect of Horizon and Popla and have only found this. Does this suffice? Do I need to edit this or perhaps something else?

I dispute the PCN on the following grounds:

1. The PCN does not meet the wording requirements of the Protection of Freedoms Act (PoFA).

 

2. This is comparable to an earlier POPLA decision whereby the case was allowed, date of decision on 17/12/2024, POPLA code 3762434330.

jrs101

Coupon-mad said:

Horizon are still cancelling at POPLA stage when people use the 'no keeper liability' point (despite the fact they now use PoFA wording).

I dont understand this about "no keeper liability"

I have perused in respect of Horizon and Popla and have only found this. Does this suffice? Do I need to edit this or perhaps something else?

I dispute the PCN on the following grounds:

1. The PCN does not meet the wording requirements of the Protection of Freedoms Act (PoFA).

 

2. This is comparable to an earlier POPLA decision whereby the case was allowed, date of decision on 17/12/2024, POPLA code 3762434330.

Coupon-mad

Yes but of course you'll add the usual two other POPLA appeal points that I already carefully explain & link in the third post of the NEWBIES THREAD (the bit all about POPLA).

Not_A_Hope

Might be useful to show a redacted copy of your Notice to Keeper to allow forum members to comment on whether it meets the requirements of POFA 2012 to hold the keeper accountable. Horizon have improved their NTKs recently but you may find your ‘cut and paste’ invoice is not actually POFA compliant which should be an automatic win if you haven’t inadvertently admitted who was driving in your appeal