Horizon PCN Advice

fluffy_kittens321032

Hi all, 

Recently received a PCN letter from Horizon for overstaying, I appealed using the following response kudos of another thread and Coupon-Mad, but was unfortunately rejected.

My appeal:

"I appeal as keeper.  I am not obliged to identify the driver and I decline to do so.

The operator can only pursue the keeper by complying with the strict requirements set out in Schedule 4 to the Protection of Freedoms Act 2012 (‘POFA’). Paragraph 9.(2) (f) states that a notice to keeper "must ...: warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i) the amount of the unpaid parking charges … has not been paid in full, and

(ii) the creditor does not know both the name of the driver and a current address for service for the driver,

...the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid."

The PCN does not comply with POFA because it states the 28 day period wrong by one day. This is fatal to your case. Cancel the 'PCN' or cough up a POPLA Code if you want to put yourselves to that time & expense."

Their reply: 

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. 

I'd appreciate some advice on if I should go through with a POPLA appeal, I've seen that since January / February, Horizon have amended their wording to tighten it up to this exact appeal. 

Is it still worth trying to go down that route and what are my odds?

PCN details below with exact wording

Thanks for your time and help!

Gr1pr

Most parking companies reject appeals,  so no surprises there 

Did you compare the NTK PCN letter above to the 2 examples by coupon mad in that newbies sticky thread   ?

If yes, was it the compliant version or non compliant version   ?

What happened to plan A from the newbies sticky thread in announcements   ?

fluffy_kittens321032

It appears to be the New - 2025 - POFA: compliant version!

Complaining to Tesco directly got me majorly brushed off, told me there's nothing they can do.

Gr1pr

So why was it onsite for 3 hours and 25 minutes  ?  ( 205 minutes   )

What was the allowed limit   ?  3 hours   ?

Have you tried a complaint to head office   )

Do Tesco actually own the site   ( in which case they lied to you,  because there is always something that a landowner can do   )  or are they tenants,  not the landowners   ?

Coupon-mad

fluffy_kittens321032 said:

It appears to be the New - 2025 - POFA: compliant version!

Complaining to Tesco directly got me majorly brushed off, told me there's nothing they can do.

They lied. Try again.

Car1980

Complaining to Tesco directly got me majorly brushed off, told me there's nothing they can do.

Tell them in the event of a court claim you will be submit an N20 witness form to require Mark Walastyan to attend.