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#Post#: 1359--------------------------------------------------
Horizon Parking
DIR By: antman40
Date: July 16, 2023, 8:03 am
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Hi all.
I received this PCN from Horizon Parking for being parked in a
Tesco car park for approximately 26 mins, this was at 2am. I
just went to use the ATM and then stopped to finish my coffee as
I was on a late shift at work. I didn't see any restriction
signs on entering the car park nor were there any illuminated in
the car park as the street lighting was very poor or switched
off.
Any advice to get this cancelled?
Thanks in advance. x
[attachment deleted by admin]
#Post#: 1363--------------------------------------------------
Re: Horizon Parking
DIR By: DWMB2
Date: July 16, 2023, 2:37 pm
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I've removed the images you attached as you had left all your
personal details visible including full name, home address and
car reg.
Reupload them with your personal details redacted! Leave on any
dates and times. Also show us the back Page of the notice.
It might also be worth you reading the thread titled "Read this
first" at the top of the forum, particularly the bit about not
identifying who was driving.
#Post#: 1511--------------------------------------------------
Re: Horizon Parking
DIR By: DWMB2
Date: July 19, 2023, 5:34 am
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Thanks for re-uploading. As usual, Horizon aren't bothering to
make use of Schedule 4 of the Protection of Freedoms Act (2012)
(there's a link to PoFA in my signature at the bottom of this
post), so they cannot hold you liable as the registered keeper.
Only the driver (who they don't know) is liable.
You could try an appeal along the lines of the below, from
Ostell over on the PePiPoo forum:
[indent]Dear Sirs
I have received your Notice to Keeper ####### for vehicle VRM
#######.
You have failed to comply with the requirements of Schedule 4 of
The Protection Of Freedoms Act 2012 namely, but not limited to,
failing to give notice of keeper liability as prescribed by
section 9 (2) (f) of the Act. You cannot, therefore, transfer
liability for the alleged charge from the driver at the time to
me, the keeper.
There is no legal requirement to name the driver at the time and
I will not be doing so.
I do not expect to hear from you again, or your debt collectors,
except to confirm that no further action will be taken on this
matter and my personal details have been removed from your
records.
Yours etc.[/indent]
Or this one from Nosy Parker:
[indent]I appeal as keeper. I am not obliged to identify the
driver and I decline to do so. You are not able to transfer the
driver’s liability (if any) to me as you have not served me with
a notice to keeper that complies with Schedule 4 to the
Protection of Freedoms Act 2012 (“POFA”) and it is now too late
to do so. In particular (without limitation) your notice does
not contain the warning required by paragraph 9(2)(f) POFA.
I require you to cancel the parking charge and remove my
personal information from your database[/indent]
If you're appealing online, make sure you don't tick any boxes
etc. that reveal who was driving, you're appealing as the
registered keeper. If appealing by post, send it standard 1st
class, but ask for a free certificate of posting from the post
office.
#Post#: 1776--------------------------------------------------
Re: Horizon Parking
DIR By: antman40
Date: July 22, 2023, 12:02 pm
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Thank you DWMB2 for assisting me with this PCN.
Horizon Parking have now cancelled the PCN.
[attachment deleted by admin]
#Post#: 1803--------------------------------------------------
Re: Horizon Parking
DIR By: DWMB2
Date: July 23, 2023, 10:17 am
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Thanks for the update. Good result!
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