Horizon non compliant NTK under POFA

Mad_Ferret72

Hello all,

Great work to all the tireless mods here helping smash the racket. I was here many years ago and back for the same reason. Thought I'd post here  for future people joining and to check a few things.

I've read everything thoroughly, particularly Horizon. Who seem to be pushing a lot of appeals to POPLA even non compliant POFA.

Synopsis is :

90 min free parking at B&M. Exceeded by 20 mins due to busy car park and no available spaces waiting over 10 mins to park a van. Spent time and money in b&m and 1  other shop.  90 mins is for customers.  I received a NTK which I believe doesn't meet POFA. 

Plan A - I enquired with the B&M manager says there's nothing they can do as I was overtime. Fair enough I suppose.

Based on research in forums, I'll appeal online using the thread as follows…

Dear Horizon,

I dispute your 'parking charge notice', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to my MP.

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 more 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 parked in situ with clear signage.

Your  allegation suggests an alleged overstay of minutes, your evidence should also include the actual grace period agreed by the landowner. 

I look forward to hearing back or receiving a PIPLA reference to appeal. .

Many thanks 

—--END—-

I'd be forever grateful If the experts think this is good enough?

Also based on research, might the below see if this summary is a useful explanation for others..

So, based on my research the operator has no legal right to recover the charge from me as the registered keeper of the vehicle, and the charge is unenforceable, as they don't know who was driving.

This is in spite of Horizon stating on the back they “presume NTK is received the  2nd working  after the date of issue” it was not sent registered post so have no record. Assumptions don't stand up in court.

 Essentially they have failed to meet the Requirements of the Protection of Freedoms Act 2012 (PoFA) Schedule 4.

For a private parking operator to transfer liability from the driver (who committed the alleged breach) to the registered keeper, they must meticulously adhere to all conditions laid out in Schedule 4 of the Protection of Freedoms Act 2012.

Specifically, the Notice to Keeper (NtK) they  issued fails to meet the requirements of PoFA Paragraph 9(2)(f). This paragraph requires the notice to:

"warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice is given... the amount remains unpaid... the creditor will have the right to recover from the keeper so much of that amount as remains unpaid."

The operator has not provided proof of the date the NtK was actually "given" (received by me keeper in the post). A notice sent by post is only presumed to be delivered on the second working day after posting. Without recorded delivery or a clear postmark showing the reception date, the start date of the mandatory 28-day period cannot be definitively determined.

Because the operator cannot prove the date the notice was given, they cannot prove that they have complied with the statutory timeframe requirements. This failure invalidates their ability to rely on keeper liability provisions and removes their right to recover the charge from me as the keeper.

This will be the basis of my POPLA response as I feel they will pass it on like many others.

I'll post back the outcome.

Thanks once again.