private company changed reason when I appealed

Wirebird

I parked in a private car park and paid by entering my number plate (ticketless machine). I returned within the grace period. I got a ticket with photos saying I had overstayed by 7 minutes. I appealed on the grounds there was a 10 minute code of practice grace period and I was disabled (though no blue badge).  They then replied and changed the reason, saying that they had no record that I had ever paid or how long I had paid for, for my specific car (even though I had sent them my credit card statement with the payment on). I am not sure how to reply - as it was a ticketless machine (I now know to photograph payment in future) I have no other proof. The credit card statement has the amount and day but not the time and of course does not mention my number plate so it is only circumstantial and though I do have a receipt too for the meal at the adjacent restaurant they emphasised that I need to link payment to my number plate. I understand private companies have to prove what you paid and when - but if they are claiming there was no payment when there was, it seems like they have found a  loophole! Any advice appreciated. It's only £15 but I object to this tactic.  Of course also they have sent evidence I was parked there for at least 7 minutes which means the intent to park rule of 5 minutes is overrun so they seem to really have planned these reasons out. 

Gr1pr

Post redacted pictures of both sides of the pcn, redacting or hiding your name and address,  VRM details and reference number 

Why do you say that it's only £15  ?  Most pcns are £100

Coupon-mad

It'll be a typo in the VRM. Or a machine that failed to record what you typed in.

Car1980

Bear in mind they could have also just said "we have carefully considered your appeal but on this occasion we have decided to refuse it as the terms and conditions displayed are clear", like 99% of other appeals.

The end result is the same. All their tactics are objectionable because there is no genuine appeals process for an invoice.

Wirebird

This is their response in full which is jammy because it was a ticketless machine (I double checked the reg so there was no typo). I sent them evidence of payment for the date/time in question ........

Unfortunately I did not realise I should not admit I was the driver so I said I was and had a disability - their reading of the Disability Act is very wrong but that point I can easily address; it's not going to be my main argument anyway.......

I note that the wording at the end about POPLA is a bit confusing (jf the reader hasn't checked the rules elsewhere) as it doesn't say you only have to pay in full if you fail.....

Dear Appellant, 

 

Parking Charge:xxxxx

 

Thank you for your recent correspondence concerning the above referenced Parking Charge.

 

 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. 

 

As clearly stipulated on signage within the car park, payment for parking must be made for the full duration of the vehicles stay.  Our systems do not show any evidence of payment made against this vehicle on the incident date.

 

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.

 

Unfortunately, our systems do not show any evidence of payment made against vehicle registration xxxxx

 

Please be advised that when parking on private land, a motorist enters into a contract and agrees to the terms and conditions in place in return for permission to park. The Parking Charge has been issued because no payment was made to validate the full duration of stay for xxxxx.
 
Horizon has no way of knowing why your vehicle was parked in contravention of the failure to pay conditions or what your personal circumstances are or were at that time. It is therefore impossible for Horizon to have acted unfavourably towards the you in breach of the Equality Act 2010 (‘Act’). You have not been treated unfavourably. Indeed, you have been treated no differently (i.e., neither unfavourably nor favourably) to any other user of the private land who is in breach of the terms and conditions applying to the same and therefore no breach of s.4 of the Act can exist. 

 

The failure to pay condition of the car park in question was clearly advertised upon signage displayed on the land and therefore you were or ought to have been aware of that payment must be made to validate your parking for the full duration of stay. There was no restriction or prejudice of your right to use the car park in exactly the same way as any other user of the car park. 

 

Given the above, and whilst we have considered your representations carefully, on this occasion your appeal has been rejected although please see the paragraph below regarding further evidence, receipt of which may enable us to review your case further.

 

Further Evidence

 

Although we have rejected your appeal, we would be happy to review the status of your appeal should supporting evidence such as payment confirmation / booking evidence to show the vehicle registration payment was made against be provided.

 

To submit the requested evidence, you can do so by resubmitting the appeal form available on our website; www.horizonparking.co.uk or write to us at Horizon Parking Ltd, Finitor House, 2 Hanbury Road, Chelmsford CM1 3AE.

 

Until we receive this important evidence, please be advised that the Parking Charge will remain outstanding; however, in good faith, we will hold the current charge rate for an additional 14 calendar days to allow you sufficient time to compile and send the information we require. Once received, we will review the matter further and respond to you accordingly.

 

We look forward to receiving the above information so we may further consider the Parking Charge for you. Please be aware that Horizon must reserve its rights to pursue the Charge if the evidence requested is not received within the next 14 calendar days.

  

The Charge Amount and Methods of Payment

 

In good faith, Horizon will hold the charge at the reduced amount of £15.00 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 Horizon Parking Portal 

 

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.

 

Your POPLA reference number is xxxxxx 

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.

 

Yours sincerely,

Appeals Department

Horizon Parking Ltd

 

Wirebird

This is the original

Gr1pr

So, to unravel the case a bit 

Horizon Parking NTK PCN letter for £51 / £20  for 129 minutes on site,  presumably 120 minutes was paid for by some method 

Reason for Issue was , Failure to pay for full duration of stay  

It did not mention any Overstay,  but the Joint CoP would allow a minimum grace period of 10 minutes to leave at the end of a paid parking period,  so if everything was correct,  no keying errors and 2 hours was paid for,  then it seems that the pcn should be cancelled   ( nothing to do with the Equality Act 2010,  although it might be said that extra time should be allowed under reasonable adjustment   )

It would appear that Horizon may believe that it's a keying error,  or non payment against the VRM their cameras clocked , and are offering £15 as a settlement figure 

Coupon-mad

Yep it will be a keying error or machine /system failure to record the full VRM even if you typed it in properly.

Interesting that the PCN sum is only £51 and the discount is £20 which is what PPCs usually 'offer' (dressed up as an admin fee for their own system failure) for major keying errors. It's almost like they know this was a keying error.

Can you get a pic of the signage? Is the contract on the sign 'only' for a £51 PCN? The NTK sums just look odd.