Horizon Scotland Private Parking Fine

Slaver

Hi all, ive recently had a PCN from Horizon.

Essentially they have my car entering and exiting a car park over a period of 40 mins, but no proof that the car was parked. In addition i've been sent an image of a sign that was present but that doesn't detail either the period of allowable time or the charge that will be applied should the car overstay this period, which i believe they have to state.

Regards the NTK, the letter simply states that transfer of liability 'is within 28days of this parking charge' which doesn't appear to be compliant. e.g. it seems that that is 2 days ahead of what POFA state should be written. 

I am looking to pursue this as a basis for my appeal as well. Would really appreciate if someone can tell me whether the below is acceptable or whether i need to make any changes

Dear Sir or Madam,

Re: Parking Charge Notice: Horizon PCN:X

I wish to challenge this parking charge on the following grounds

Non-compliance of Notice to Keeper (NtK) with the Protection of Freedoms Act (PoFA) 2012

The signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself.

Firstly, I appeal on the basis that the Parking Charge Notice is merely a vague template and does not give sufficient explanation or evidence to the allegation that any parking actually took place at this location or that adequate signage existed warning the driver of any charges.

The Protection of Freedoms Act (POFA) 2012 discusses the clarity that needs to be provided to make a motorist aware of the parking charge. Specifically, it requires that the driver is given 'adequate notice' of the charge. As such, evidence should be provided to include a close-up photograph of the sign you contend was at the location on the specified date and include the actual grace period agreed by the landowner.

Secondly, I appeal on the basis that the Notice to Keeper issued in this case is non -compliant with the requirements set out in schedule 4 of the Protection of Freedoms Act (PoFA) 2012. This is because the NtK incorrectly starts the 28-day period for transferring liability too early.

Under paragraph 9(2)(f), the NtK must include the following wording:

"The notice must state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper to pay the unpaid parking charges or, if the keeper was not the driver of the vehicle, to provide the name of the driver and a current address for service for the driver and to pass the notice on to the driver."

It must also state:

"(i) that 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; and

(ii) the period of 28 days beginning with the day after that on which the notice is given."

Under paragraph 9(6), the notice is deemed to have been 'given' to the keeper on the second working day after the date it was issued. The 28-day period then starts the day after that.

The received NtK incorrectly starts the 28-day period from the date of issue and not the day after that on which the notice is given.

As PoFA requires exact compliance, this error invalidates the attempt to transfer liability to the keeper.

On the basis of the above, the parking notice should be cancelled.

ChirpyChicken

its in Scotland so ignore..dont send anything 

oldernonethewiser

It is not a fine. 

Do not send any appeal or letter. 

Do not reply to them. 

If they have no knowledge of who the driver is then they can do nothing. 

Expect more letters.  Keep ignoring. 

Nellymoser

Presently there's still no keeper liability in Scotland like there is in E/W. Read the Scotland info in the NEWBIES Announcement thread and search the forum for PCN in Scotland and read others threads and posts.

Do be aware that MSPs/Transport Scotland do intend to bring Keeper liability to Scotland in line with E/W at some point in the future. 

oldernonethewiser

Nellymoser said:

Presently there's still no keeper liability in Scotland like there is in E/W. Read the Scotland info in the NEWBIES Announcement thread and search the forum for PCN in Scotland and read others threads and posts.

Do be aware that MSPs/Transport Scotland do intend to bring Keeper liability to Scotland in line with E/W at some point in the future. 

The Bill received Royal Assent six years ago but not yet enacted.  

They aren't rushing into it 

James_Poisson

As above, you have obviously done quite a bit of research but missed out some important points:

Private parking companies cannot issue "fines" it's a speculative invoice for alleged breach of contract.

You are in Scotland, as long as they don't know who the driver is they are stuffed and cannot hold the keeper liable unless you fold and pay up, why would you do that.

Ignore them and their tame debt collectors who can't do diddly squat, you don't have a proven debt they just hope their letters will unnerve you.

Nellymoser

True, they're waiting for the UK govt to ensure the private parking industry treat motorists fairly and have access to a truly independent 2nd stage appeals service.

Slaver

thanks for your comments. I did see that the law is different in Scotland so ignoring was an option but ive also seen that if and when the law does change then they can pursue you retrospectively even though them having the time or the will to do so would be unlikely. 

Just for full disclosure, i did appeal on their website initially just to say that i thought they were in breach as the date i received the letter was 1 day over the 14 days permitted from date of issue. They rejected this due to lack of evidence which is hard to prove given it didnt come by registered mail. Essentially however they gave a further 14 days to appeal again should i wish to.

I should point out that In that appeal i only disclosed that i was the keeper of the vehicle and hence the recipient of the 'invoice', therefore I suspect I am at the same starting position or do you think that in making that initial appeal means that i cannot now simply ignore. 

Understanding this determines my next steps, ignore or base an appeal on the letter above.  

ChirpyChicken

no again you ignore in full

Fruitcake

If and when keeper liability becomes a thing in Scotland, it cannot and will not be applied retrospectively.

A PPC will not pursue a one off PCN in Scotland through the Scottish Courts because they cannot claim expenses (costs) for amounts under £300 using the Act of Sederunt (Simple Procedure), meaning it would cost them money, and they would get nothing in return even if they won.

Complain to the landowner and your MSP, without revealing the driver's identity, but otherwise ignore everything from now on.

Umkomaas

Slaver said:

thanks for your comments. I did see that the law is different in Scotland so ignoring was an option but ive also seen that if and when the law does change then they can pursue you retrospectively even though them having the time or the will to do so would be unlikely. 

Just for full disclosure, i did appeal on their website initially just to say that i thought they were in breach as the date i received the letter was 1 day over the 14 days permitted from date of issue. They rejected this due to lack of evidence which is hard to prove given it didnt come by registered mail. Essentially however they gave a further 14 days to appeal again should i wish to.

I should point out that In that appeal i only disclosed that i was the keeper of the vehicle and hence the recipient of the 'invoice', therefore I suspect I am at the same starting position or do you think that in making that initial appeal means that i cannot now simply ignore. 

Understanding this determines my next steps, ignore or base an appeal on the letter above.  

Where have you seen that? Link please.