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Horizon Parking ticket arrived late

Hello everyone. I got a parking ticket from horizon parking on the 28th or September for a parking contravention that allegedly occurred on the 12th or September. As far as I’m aware, I, as the registered keeper of the car am under no obligation to pay this fine if it arrived later than 14 days and they have quoted PoFA 2012, which they did, but the driver at the time can be chased down but I’m under no legal obligation to name them. However, I’ve been struggling to know exactly which laws to quote in my appeal. Any help would be appreciated. Thanks everyone

IMG_2339.jpeg

Comments

  • yarpsnehpets
    yarpsnehpets Posts: 236
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Forumite
    edited 3 October at 10:21AM

    They will say (unless you can prove otherwise) that the notice was served on 23rd September.

    However, the wording does not look POFA compliant. Can you show the back of the notice?

  • Woodstok2000
    Woodstok2000 Posts: 2,194
    1,000 Posts Second Anniversary Name Dropper
    Forumite
    edited 3 October at 10:26AM

    They issued it on the 21st, its presumed delivered 2 working days after that so well within POFA time unless you have proof you received it later.

    Still, no worries, follow the newbies thread and youll be grand.

  • Car1980
    Car1980 Posts: 3,686
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Forumite
    edited 3 October at 11:39AM

    Looks like one of Horizon's compliant ones. There will be more on the back.

    Think how you can evidence the date of arrival. Are postal delays usual for you? If so, could you post something to yourself from somewhere far away and document it? No point responding now if this is your main defence, and you'd have at least 12 months before a court claim in all likelihood.

    It is always presumed it arrived in time, but at the end of the day in county court, a statement of truth plus some sort of evidence should trump this presumption. They can never provide evidence of arrival, only posting (and even that can be problematic for them). It's a weird situation of the onus being on them to prove the delivery date, but the presumption being that it arrived on time. But what is the point of the legislation if it always presumed and can never be evidenced against.

  • Coupon-mad
    Coupon-mad Posts: 166,205
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    edited 3 October at 10:29PM

    Just compare the back top paragraph to the NTK pictures thread. This is for you to check against the thread. POFA worded, I suspect.

    We hear you, and believe you that arrived late but you can't prove it because the industry use outsourced mail 'consolidators' who DEFINITELY delay posting by several days but they use anonymised envelope franking which hides second class post and date sent.

    Why didn't the driver pay to park?

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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