Horizon Parking PCN

QuirkyDuck

Hi, 

I have read the newbies thread but a lot of the FAQs don't seem to apply. I parked up at work in the same place I parked for months, however, they changed the signs to now state that without a permit there would be a charge. I parked on the side of the road, not in the actual car park as that belongs to different companies. 

I was about to appeal and send the template appeal thats in the FAQs but on the Horizon portal they have already attached photos of my vehicle and the signage.

Please can you advise what my next steps are here? As you can see from the attached image, there are no road markings to indicate that it was even parking, and given it was next to a car park I am wanting to appeal to say the signage appears to belong to the car parks, not the side of the road. For reference I was parked next to the cones.

Thanks

QuirkyDuck

Can anyone help here please?

Gr1pr

I would suggest that the place where the driver parked could be private property,  so we would need to see the signs,  plus check where the private land meets public highway,  due to the changes in colour and surfaces

Is the NTK PCN letter Pofa2012 compliant   ?  Or not  ?

QuirkyDuck

Here's the sign. I only have the windscreen parking ticket not a NTK. But the windscreen PCN seems to be complaint.

Not_A_Hope

If the signs are unclear as to the area that authorised parking only is allowed you can refer to section 69 of the Consumer Rights Act which states 

 69

Contract terms that may have different meanings

(1)If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

Castle

Wait for the NTK.

QuirkyDuck

Do I not need to appeal 3 weeks in? As per Coupon Mads Thread:

Windscreen ticket from a BPA member? = STOP - wait and research before appealing!! If it was a windscreen 'PCN' (not postal, not an IPC member and not a SABA Railway 'penalty' - see Q&A above) wait 3 weeks.

In the case of CURRENT (NON-DVLA-BANNED) BRITISH PARKING ASSOCIATION (BPA) AOS MEMBERS ONLY, appeal online or by email at day 25 or 26 after a windscreen PCN but as the KEEPER, not driver, using the ''one size fits all'' blue appeal template below.

Gr1pr

You can certainly follow the advice above,  appealing as keeper,  no blabbing about who was driving or about what happened etc

Car1980

Where there is any material change to any pre-existing terms and conditions that would not

be immediately apparent to a driver entering controlled land that is or has been open for

public parking, the parking operator must place additional (temporary) notices at the site

entrance for a period of not less than 4 months from the date of the change making it clear

that new terms and conditions/charges apply, such that regular visitors who might be

familiar with the old terms do not inadvertently incur parking charges.

NOTE: Examples of material changes can include introduction of parking enforcement

where none has previously applied, introduction of time-limited free parking, or reductions

in the time limit within which free parking is available. Given the need to avoid confusion

and clutter at entrances the test is whether the fact that a change has been made is clearly

signalled to drivers on entering the land and the nature of the change is clearly displayed

thereafter – it may also be necessary to install repeater notices depending on the scale of

the premises.

1. https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/sectorsingleCodeofPractice.pdf

2. "Authorised Parking" means parking is authorised. Also backed up by a massive green P which clearly gives the go ahead to park.

"Authorised Parking Only" means only authorised parking is permitted. If this is what they meant they should have said so.

3. "No valid permit" is meaningless. If you hold a permit, how would they know? There is no mention of displaying it. Plus it has also said parking is effectively pre-authorised in the main, large text. You can't alter the meaning of that with a much smaller sub-clause.

The lack of a change of terms sign would back up the notion that authorised parking for all remains.

I'd appeal and Popla it, simply to see how they try and wriggle out of it.

Coupon-mad

QuirkyDuck said:

Do I not need to appeal 3 weeks in? As per Coupon Mads Thread:

Windscreen ticket from a BPA member? = STOP - wait and research before appealing!! If it was a windscreen 'PCN' (not postal, not an IPC member and not a SABA Railway 'penalty' - see Q&A above) wait 3 weeks.

In the case of CURRENT (NON-DVLA-BANNED) BRITISH PARKING ASSOCIATION (BPA) AOS MEMBERS ONLY, appeal online or by email at day 25 or 26 after a windscreen PCN but as the KEEPER, not driver, using the ''one size fits all'' blue appeal template below.

Yes.

I recommend this.

Because they have only just (this year!) realised what a para 9 compliant NTK looks like, chances are, Horizon may not even have a POFA para 8 compliant NTK to send.

You can easily win at POPLA if no NTK arrives. As long as you DO NOT imply who parked.

QuirkyDuck

Ok thanks all! I'll put my appeal in 3 weeks after the windscreen ticket was given with the above arguments! Appreciate the help!!