Horizon - debt recovery

System

This discussion was created from comments split from: **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!.

mail2kcm

Hi @Coupon-mad, I have read through the forums but my situation is slightly different.

On 6th March, I parked at Farnborough's Horizon Parking to catch up with my ex-colleagues. The option to pay was through an app but due to signal issues, I could not download the app. However the parking notice said I could pay within 24 hours so I thought of paying later. After the food at the pub, I wasn't feeling very well the next day so I slept and only on the 25th hour realised I had not paid so I immediately paid but could only pay for the current day (the next day of parking) which I did. 

I immediately emailed horizon explaining the situation and requested them to consider my next days parking for my actual parking the previous day but they said since it has been 24hours since the parking, they cannot help.

I later promptly received a parking ticket from them which I appealed stating that I had issues owing to which I could not pay and that I had paid for the next day.

After a week or so they seem to have replied that my appeal has been rejected BUT that email went into my spam folder and I did not know! 

After a few months, I received Debt Recovery Letter (Again I seem to have not checked their previous letters!) which states that this is my 4th letter and that if I dont pay within next week, I will be taken to the court.

I once again reached out to Horizon trying to explain that I had paid for the wrong day but they said their appeal response did have an option for me to pay £15 and close the case and since I did not respond within 14 days of their response they had to go to Debt Recovery process. I tried explaining that I did not receive their email but they said they cannot help!

What are my options now? Having sent them email, I cannot claim that I wasn't driving since I admitted I parked but only paid late! 

Is there a chance for me to get away from Debt Recovery? I have an upcoming mortgage application and do not want any negative records on my credit history! 

You expertise and suggestion is greatly appreciated.
Thanks in advance.

Regards
mail2kcm

MSE_ForumTeam5

Hi @mail2kcm we've split this into a new thread, as the 'newbies' thread is for reference only, and it's best if everyone seeking help with their own situation sticks to one thread per case

Gr1pr

Ignore the powerless debt collectors letters,  nothing of theirs will affect your credit file or mortgage application 

You cannot stop debt recovery letters, but you can and should ignore them 

Coupon-mad

I immediately emailed horizon explaining the situation and requested them to consider my next days parking for my actual parking the previous day but they said since it has been 24hours since the parking, they cannot help.

Very good.

So you can prove that they know that the payment made was for that parking session. And they have acted unreasonably by then - later - issuing a PCN and thus, they have no cause of action against you.

That will be VERY useful to win any court claim defence but you aren't at that stage.

Obviously DR Plus can't affect your credit rating! Ignore them completely!

mail2kcm

Coupon-mad said:

I immediately emailed horizon explaining the situation and requested them to consider my next days parking for my actual parking the previous day but they said since it has been 24hours since the parking, they cannot help.

Very good.

So you can prove that they know that the payment made was for that parking session. And they have acted unreasonably by then - later - issuing a PCN and thus, they have no cause of action against you.

That will be VERY useful to win any court claim defence but you aren't at that stage.

Obviously DR Plus can't affect your credit rating! Ignore them completely!

Hi, I parked on 6th BUT paid for 7th since I was already beyond their 24 hour rule. So in effect I have not paid for the day I parked but for the next calendar day! 

Coupon-mad

I know.  My advice was on that basis.

The point is: they know.

mail2kcm

Coupon-mad said:

I know.  My advice was on that basis.

The point is: they know.

Thank you. So the general consensus is to wait and see if they go to the court which I believe they would? As advised I would not be reaching out to DR.
Any suggestions for me to do proactively before I receive any court letter or something similar?

Gr1pr

Plan A is always worth a punt, complaining about the pcn to the landowner or business 

Otherwise,  ignore the powerless debt collectors letters and come back to this thread if or when you receive a Letter of Claim giving you 30 days notice,  or a court claim 

A lot of cases fail to reach court, even if a claim is issued 

mail2kcm

Coupon-mad said:

I know.  My advice was on that basis.

The point is: they know.

Hi FYI, I today received sort of a final warning from Debt Recovery asking me to pay £145 within next 3 days or a CCJ will be issued against me! Should I still stay put?

As I mentioned earlier, will a CCJ impact anything for me down the line like Visa or Employment applications or even Credit Report? My Mortage is due soon so I am just being wary of that! 

Any expert opinion on this is really appreciated.

Gr1pr

Its not possible for a debt recovery company to issue a CCJ, only a judge can do so, once an MCOL claim has been filed by the parking company or their legal company,  the lawyers acting on behalf of the private parking company 

You haven't read the debt collectors letter properly,  nor understood it 

Should a CCJ ever happen,  from an actual live court claim,  you pay it off , IN FULL, promptly,  ASAP within the grace period and it is expunged from the record,  meaning that no CCJ is recorded,  so no impact on your credit file or future