Horizon Parking and Epping Forest

delabc

Hi all, unfortunately I've only just discovered this forum which provides lots of useful information and tips, many of which I've broken over the last few months. I've searched for other threads which cover my case but can't find anything similar so I hope I haven't broken any rules or breached etiquette by starting a new one.

To keep it as short as possible, my wife and I (in her car) attempted to park in one of the Epping Forest car parks on 22nd April to go for a walk. We spent about 5 minutes looking for a space and then moving to a better one when a car left. We then saw that payment was via the RingGo app, which neither of us had on our phones. I tried to download the app, which took some time as the mobile phone signal was not very good. After downloading you then have to register with name, email address, password, car reg etc. This completely failed to work after several attempts. Each time I put in my details and pressed "Next", it just went back to "Register".  Eventually, we realised that all this was taking time and we were at risk of getting a ticket so we decided to leave. A few weeks later, we received a PCN addressed to my wife, as the registered keeper, from Horizon Parking with a charge of £100, reduced to £60 if paid within 14 days. They supplied ANPR evidence that 19 minutes had elapsed between entering and leaving the car park, which we do not dispute. I appealed on behalf of my wife (first mistake) straight away (second mistake) to explain the circumstances. This was rejected, although Horizon did seem to accept the truthfulness of the appeal by stating that "the mitigating circumstances, whilst unfortunate, cannot be considered valid grounds for appeal". At was at this stage that we remembered that I drove the car in and my wife drove it out, but by then the 28 days allowed to transfer liability had expired (third mistake). I then appealed to POPLA on my wife's authority with the same explanation and saying that the charge was unfair as Horizon seemed to accept that the circumstances were truthful, but decided to pursue the charge anyway. Of course, we could not provide any physical evidence to support our case. POPLA rejected our appeal and we have now received a demand to pay £100 within 28 days from the revised issue date of 8th August, although we received the letter some time after that. I have complained to the chair of the Epping Forest and Commons Committee of the City of London Corporation (the land owners), who was very sympathetic but said that the outsourcing of the parking functions to Horizon Parking and RingGo has removed Epping Forest from direct involvement with complaints and it would not be fair, appropriate or proper for her to override or change any decisions or outcomes made by their partners or POPLA.

We now intend to fight any court action taken by Horizon on the grounds of fairness, a long established principle of English justice. We accept that the T's and C's of the car park were technically broken (although we do not know if a grace period was allowed or how long it might have been) but, having accepted the mitigating circumstances, it was unfair of Horizon to continue to pursue the charge. What do the parking experts on this forum think are the chances of a successful outcome?

Castle

delabc said:

Hi all, unfortunately I've only just discovered this forum which provides lots of useful information and tips, many of which I've broken over the last few months. I've searched for other threads which cover my case but can't find anything similar so I hope I haven't broken any rules or breached etiquette by starting a new one.

To keep it as short as possible, my wife and I (in her car) attempted to park in one of the Epping Forest car parks on 22nd April to go for a walk. We spent about 5 minutes looking for a space and then moving to a better one when a car left. We then saw that payment was via the RingGo app, which neither of us had on our phones. I tried to download the app, which took some time as the mobile phone signal was not very good. After downloading you then have to register with name, email address, password, car reg etc. This completely failed to work after several attempts. Each time I put in my details and pressed "Next", it just went back to "Register".  Eventually, we realised that all this was taking time and we were at risk of getting a ticket so we decided to leave. A few weeks later, we received a PCN addressed to my wife, as the registered keeper, from Horizon Parking with a charge of £100, reduced to £60 if paid within 14 days. They supplied ANPR evidence that 19 minutes had elapsed between entering and leaving the car park, which we do not dispute. I appealed on behalf of my wife (first mistake) straight away (second mistake) to explain the circumstances. This was rejected, although Horizon did seem to accept the truthfulness of the appeal by stating that "the mitigating circumstances, whilst unfortunate, cannot be considered valid grounds for appeal". At was at this stage that we remembered that I drove the car in and my wife drove it out, but by then the 28 days allowed to transfer liability had expired (third mistake). I then appealed to POPLA on my wife's authority with the same explanation and saying that the charge was unfair as Horizon seemed to accept that the circumstances were truthful, but decided to pursue the charge anyway. Of course, we could not provide any physical evidence to support our case. POPLA rejected our appeal and we have now received a demand to pay £100 within 28 days from the revised issue date of 8th August, although we received the letter some time after that. I have complained to the chair of the Epping Forest and Commons Committee of the City of London Corporation (the land owners), who was very sympathetic but said that the outsourcing of the parking functions to Horizon Parking and RingGo has removed Epping Forest from direct involvement with complaints and it would not be fair, appropriate or proper for her to override or change any decisions or outcomes made by their partners or POPLA.

We now intend to fight any court action taken by Horizon on the grounds of fairness, a long established principle of English justice. We accept that the T's and C's of the car park were technically broken (although we do not know if a grace period was allowed or how long it might have been) but, having accepted the mitigating circumstances, it was unfair of Horizon to continue to pursue the charge. What do the parking experts on this forum think are the chances of a successful outcome?

The RK can transfer liability at any point up to when a court claim is issued.
                                                 BUT
Epping Forest is subject to Byelaws, so only the Driver can be liable.

Car1980

Eventually, we realised that all this was taking time and we were at risk of getting a ticket so we decided to leave

This is contract law. You have not formed a contract with Horizon as no consideration was exchanged. They received no money and you left the premises and did not benefit from the hire of a parking space.

Everybody has rejected your appeal because you argued mitigating circumstances instead of no contract was formed.

If you get a Letter Before Claim from Gladstones or DCB Legal I suggest you scare them off by replying with more bite. Come back here if you receive a LBC.

Coupon-mad

We now intend to fight any court action taken by Horizon on the grounds of fairness, a long established principle of English justice.

What about defending under the doctrine of Frustration of Contract that I posted about here just yesterday:

https://forums.moneysavingexpert.com/discussion/6624981/newbie-pcn-stage-parkingeye/p1

These cases are a cinch to defend.

This month, we need you:

PLEASE bookmark this thread below and do the government's Public Consultation if you haven't done it yet.

Their proposals are wrong in many ways but you'll be interested in their proposed new appeal point - exactly covering your case...

See this thread: -

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

We need every poster to come back & complete this vital Consultation before the deadline! Just under 2 weeks left but please don't rush it. You can do some then save it and come back to it as you have time.

We understand that you may need some pointers. It looks laborious, we get that.

So to try to help, I've written some guidance on that thread.

Any questions on the Consultation please ask - on the dedicated thread - but I've covered up to question 20 already in that first post, openly telling everyone what I'm going to put and/or what sort of evidence you might wish to use for your response, if you agree with what we'll be saying from our experience.

People like you have lived & breathed the greed and unfairness first hand, and you lost at POPLA despite having a perfectly good example of frustration of contract, so your voice is needed!