Horizon Parking Ltd - Pay and display

UrbanAchiever

Hi,

Hoping for some guidance please.  I've read the newbie FAQ and "think" I have this right, but wanted to check:

Car is leased.  Lease company have advised me of the PCN and also advised Horizon that I am the hirer.  I have advised the lease company not to pay and that I am appealing.

It is a pay and display car park.  The driver bought a ticket and displayed it.  The driver no longer has the ticket, but does have evidence via a credit card statement that the appropriate amount was paid to Horizon Parking on the day in question.  I do not believe there was an overstay.

The PCN Issue Reason is "Failure to Pay for the Full Duration of the Stay".

The PCN includes the following wording:
"This Parking Charge is given to you under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under Schedule 4 of the Act."

Using the FAQ section I have drafted the following to use to appeal the PCN.  I'd be grateful if someone could confirm this is the best wording to use, before I submit:

"I dispute your 'parking charge', as the hirer of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

The allegation concerns a PDT machine, and therefore the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

In order to resolve the dispute I attach a screen shot from the driver’s credit card app showing that payment of £4.90 was made on 21st August to Horizon Parking Limited."

Many thanks in advance.

Coupon-mad

You can only appeal once you have received a NTH to your house. Has it arrived?

UrbanAchiever

Ah, no it hasn't. Only had the email from my lease company with a scanned copy.  Once it arrives is my wording ok?

Many thanks.

Le_Kirk

The lease company needs to transfer liability to you as HIRER using the tear-off slip at the bottom of the NTK and, once you have received the NTH in your name, use one of the Edna Basher replies for hire/lease/company cars.  These are in the NEWBIE sticky below the blue text appeal.

UrbanAchiever

I have today received the PCN from Horizon Parking.  It is now a "Notice to Hirer" - see images at the bottom of this post.

I have taken one of the Edna Basher templates and have drafted my appeal below.  Note I have made a couple of changes, where the template refers to me as the Registered Keeper, I have changed this to the "Hirer" - you can see these where I have crossed out the original wording.  Is this draft suitable?

Also, given it seems I have to give them 49 days to send me the mentioned documents, I think I should wait until that time has lapsed before submitting my appeal?

Many thanks.

Dear Horizon Parking Ltd

RE: PCN No. xxxxxxxxx

I would like you to know that I (as the registered keeper hirer of the vehicle) am not ignoring your letter suggesting my liability for a charge related to a parking infraction that you state took place on 21st August 2025 at Linenhall Street Car Park, Chester.

I wish to outline my current position in reference to your PCN.

Keepers Liability and POFA 2012
As stated in paragraph 13(2) of POFA 2012...

"The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—

(a) A statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b) A copy of the hire agreement; and

(c) A copy of a statement of liability signed by the hirer under that hire agreement.

AND

Paragraph 14(2) and (3) of POFA 2012:

(2) The conditions are that —
(a) The creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;
(b) A period of 21 days beginning with the day on which the notice to hirer was given has elapsed; and
(c) The vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.
(3) In sub-paragraph (2)(a) “the relevant period” is the period of 21 days beginning with the day after that on which the documents required by paragraph 13(2) are given to the creditor.

- You were required to send this information to me (as Registered Keeper Hirer) within 21 days after receiving them from the lease/hire company (Tusker).
- You were required to send these documents to me no later than 49 days after the Notice To Keeper was sent to the hire company, which was 28th August 2025.
- Therefore I should have received these documents no later than 16th October 2025.
- As this has not happened, you cannot use POFA to assume keeper liability. There is more than one driver of the vehicle which you placed a PCN on.

In Summary...
- I wish to confirm to you I was NOT the driver of the vehicle.
- I am not obliged to disclose the identity of the driver and this does not affect my liability in this matter .
- As Horizon Parking Ltd has not complied with paragraphs 13 (2) and 14 (2) of POFA 2012, you cannot rely on the provisions of the Act and hold me liable as keeper.
- You will need to pursue this claim with the driver once you identify them.

Further Questions
To begin our discussions, as this is purely a claim under a purported contract, and you have no statutory footing to issue penalties, I wish to make you aware of the following details and require the specific information so that I can assess the validity of your claim:

1. Who is the party that contracted with Horizon Parking Ltd for the provision of their services at the site of the alleged breach to have taken place?

2. What is the full legal identity of the landowner?
3. As you are not the landowner, please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that Horizon Parking Ltd have the authority of the landowner to both issue parking charges and legislate in your own name or on behalf of the landowner.
4. Is your charge based on damages for breach of contract? - Yes or no?
5. If the charge is based on damages for breach of contract, please provide justification of this sum.
6. Is your charge based on a contractually agreed sum for the provision of parking? - Yes or no?
7. If the charge is based on a contractually agreed sum for the provision of parking please, provide a valid VAT invoice as you make no mention on VAT in any correspondence.
8. The signage to the site (from a seated position in the vehicle as it enters the car park) is impossible to read.

It is the responsibility of the claimant (Horizon Parking Ltd) to mitigate their losses, in this instance I believe they failed to do so and thus invalidates your claim. I refer you to the county court judgement in VCS vs. Ibbotson (2012).

Next Steps
When I receive a full reply to all these questions I will be in a position to be able to furnish you with a full response.

Alternatively you can cancel your charge, or I will happily wait for my day in court to challenge this PCN as the registered keeper hirer of the vehicle.

Note: I have contacted the landowner to strongly protest in writing the basis for this PCN.

UrbanAchiever

Is someone able to assist with the above please?

Thank you.

Nellymoser

Need to edit both your posted images there's pcn and vehicle reg numbers still showing in the two How to Pay black bands

UrbanAchiever

Oh blimey, thank you!  Just done that.

Is my proposed appeal wording ok and do I need to wait to send it to ensure the time has elapsed for them to send me the other required documents?

Thanks

Coupon-mad

Remove all this out of date blurb:

"Further Questions

To begin our discussions, as this is purely a claim under a purported contract, and you have no statutory footing to issue penalties, I wish to make you aware of the following details and require the specific information so that I can assess the validity of your claim:

1. Who is the party that contracted with Horizon Parking Ltd for the provision of their services at the site of the alleged breach to have taken place?

2. What is the full legal identity of the landowner?
3. As you are not the landowner, please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that Horizon Parking Ltd have the authority of the landowner to both issue parking charges and legislate in your own name or on behalf of the landowner.
4. Is your charge based on damages for breach of contract? - Yes or no?
5. If the charge is based on damages for breach of contract, please provide justification of this sum.
6. Is your charge based on a contractually agreed sum for the provision of parking? - Yes or no?
7. If the charge is based on a contractually agreed sum for the provision of parking please, provide a valid VAT invoice as you make no mention on VAT in any correspondence.
8. The signage to the site (from a seated position in the vehicle as it enters the car park) is impossible to read.

It is the responsibility of the claimant (Horizon Parking Ltd) to mitigate their losses, in this instance I believe they failed to do so and thus invalidates your claim. I refer you to the county court judgement in VCS vs. Ibbotson (2012).

Next Steps
When I receive a full reply to all these questions I will be in a position to be able to furnish you with a full response.

Alternatively you can cancel your charge, or I will happily wait for my day in court to challenge this PCN as the registered keeperhirer of the vehicle."

UrbanAchiever

Thanks @Coupon-mad , much appreciated.  In terms of timings should I wait to submit my appeal until after the date that Horizon should have sent me a copy of the documents listed?

Gr1pr

I would submit it a few days before the appeal window closes,  no rush as yet,  definitely not too early