PCN Appeal – Horizon Parking Ltd – Royal Forest Hotel

John121

I received the PCN below for the reason stated as “Failure to pay or register for the full duration of stay (ANPR).”

At the time, I was conducting a driving lesson and using the car park to practise manoeuvres. I also parked briefly and exited the car park to explain the route to my student. I do not recall seeing any signage, although I accept that there may have been signs in place.

In hindsight, it was probably not the most appropriate location to carry out this activity. I would appreciate advice on whether there are any valid grounds for appeal, or if it would be better to pay the reduced amount within the early payment period.

Coupon-mad

I can't get the links to work. Please just use the portrait icon to show images.

Nobody is going to tell you to ever pay!

Nellymoser

A bit more redacting needed, on both images there's a How to Pay black band with pcn number and VRM and a QR Code on each one.

John121

Thanks for pointing out please see below. I've also updated above.

Regards

Coupon-mad

Oh good. Slam dunk win at POPLA, of course.

It's clearly non-POFA worded (no keeper liability is possible) but I assume you sussed that when you compared the first sentence on the back page with the NTK pictures thread linked in the NEWBIES thread.

Doesn't need explaining or comparing though! Just read that sentence…

John121

Apologies, I’m still getting my head around all of this and just want to make sure I’m doing the right thing.

Am I right in understanding that my next step is to submit the standard template appeal as the registered keeper (without naming the driver), along the lines of the below?

PCN NO: XXX
Vehicle Registration: XXX

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

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you
are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial
compliance is not sufficient. There will be no admission as to who was driving and no inference or
assumptions can be drawn. UKPE has relied on contract law allegations of breach against the driver
only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under
some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. UKPE have
no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Coupon-mad

'UKPE'?

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012

No, it makes no attempt to be a POFA NTK.

John121

Sorry this was a template my Uncle gave me which he used for UKPE. Is there a template I can use to send off which is relevant for the PCN iv'e received?

Regards

John121

Is the below ok to send off?

PCN No: [XXXX]
Vehicle Registration: [XXXX]

I am the registered keeper of the vehicle and I dispute your parking charge.

Your Notice to Keeper does not invoke or rely upon Schedule 4 of the Protection of Freedoms Act 2012 and therefore you are unable to transfer liability to the keeper.

As you have chosen not to use the provisions of POFA, only the driver can be held liable. I am under no obligation to identify the driver and I will not be doing so.

There is no legal basis to pursue me as keeper and any suggestion otherwise would be misconceived.

Please therefore cancel the PCN or issue a POPLA code so that the matter may be referred to independent adjudication.

I do not consent to the processing of my data beyond that necessary to respond to this appeal.

Gr1pr

Yes, Thats ok

John121

Perfect — I’ve submitted the appeal to Horizon Parking and will keep you updated on the outcome.

Thanks again for your help.