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#Post#: 29501--------------------------------------------------
Parked out of Bay - Local Supermarket - Horizon
DIR By: tiger666
Date: July 11, 2024, 8:39 am
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Hi
As the registered keeper of the vehicle concerned, I have just
received the following invoice from Horizon, please advise best
way to deal with it. No correspondence has yet been entered into
HTML https://imgur.com/a/GOa9fKw
Thanks
#Post#: 29506--------------------------------------------------
Re: Parked out of Bay - Local Supermarket - Horizon
DIR By: b789
Date: July 11, 2024, 9:25 am
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Without showing dates and location, that picture is as useful as
poke in the arm with a sharp stick. Please repost showing all
dates and the location.
Have you tried Plan A yet? A complaint to the landowner/managing
agent/supermarket where the driver was a patron?
However, the NtK is not PoFA compliant and so only the unknown
driver can be liable for the charge, as long as the known keeper
doesn't blab the unknown drivers identity, inadvertently or
otherwise.
This can be killed off with the following appeal as the keeper
and if not, POPLA will likely cancel it.
[indent]I appeal as keeper. I am not obliged to identify the
driver and I decline to do so. You are unable to transfer the
driver’s liability (if any) to me because you have not issued a
Notice to Keeper (NtK) that complies with the requirements of
Schedule 4 to the Protection of Freedoms Act 2012 (PoFA) and it
is now too late for you to do so.
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.
Horizon have no hope at POPLA, so you are urged to save us both
a complete waste of time and cancel the PCN or waste your money
and issue a POPLA code so they can order you to cancel
it.[/indent]
#Post#: 29522--------------------------------------------------
Re: Parked out of Bay - Local Supermarket - Horizon
DIR By: tiger666
Date: July 11, 2024, 11:56 am
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Thank you for your initial thoughts. I have uploaded a new 1st
page with the dates showing.
HTML https://imgur.com/a/8FeJwHT
Hope this helps you give any further guidance.
Thanks
#Post#: 29527--------------------------------------------------
Re: Parked out of Bay - Local Supermarket - Horizon
DIR By: b789
Date: July 11, 2024, 12:06 pm
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Doesn't make any difference. They have issued an NtK that is not
PoFA compliant. Keep on with Plan A and send the appeal as the
keeper as advised.
First thing we look at immediately is whether the dates are PoFA
compliant. If they are, we then read the content to look for
PoFA compliance.
The last paragraph of that NtK is the give-away that they have
not bothered to comply with the requirements of PoFA:
HTML https://i.imgur.com/oljil7V.png
As long as the known keeper does not identify the unknown
driver, how do you think they can collect?
#Post#: 29597--------------------------------------------------
Re: Parked out of Bay - Local Supermarket - Horizon
DIR By: Dave65
Date: July 12, 2024, 4:19 am
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If you appeal online on their web site be careful if there are
any drop down boxes asking who is appealing it is "the keeper"
only.
#Post#: 29613--------------------------------------------------
Re: Parked out of Bay - Local Supermarket - Horizon
DIR By: b789
Date: July 12, 2024, 5:37 am
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--- Quote from: Dave65 link ---
>
> If you appeal online on their web site be careful if there are
any drop down boxes asking who is appealing it is "the keeper"
only.
>
--- End Quote ---
... or "Other".
#Post#: 30229--------------------------------------------------
Re: Parked out of Bay - Local Supermarket - Horizon
DIR By: tiger666
Date: July 18, 2024, 5:36 am
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Just received notification that the parking charge notice has
been cancelled. Many thanks for the advice.
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