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#Post#: 38997--------------------------------------------------
Horizon Parking PCN – PoFA Compliance & Sudden Change in
Asda Parking Limit
DIR By: zunaster
Date: October 1, 2024, 5:29 am
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Hi all,
I’ve received a PCN
HTML https://acrobat.adobe.com/id/urn:aaid:sc:AP:766efd94-429f-48e7-bf39-d5f6534528e0from<br
/>Horizon Parking for overstaying at Asda Park Royal. Need
advice
on PoFA compliance and whether I should challenge it.
Key Details:
- Incident Date: 13th Sept 2024
- PCN Issue Date: 19th Sept 2024
- Date Received: 1st Oct 2024 (14th day after issue)
- Reason: Exceeded max stay (new 2-hour limit)
- Charge: £70, reduced to £42 if paid by today
What Happened:
I was at WeBuyAnyCar (which uses Asda's car park) and stayed
longer than planned due to delays with my car finance
settlement. For 15 years, Asda’s free parking limit was 3 hours
but they’ve recently reduced it to 2 hours without clear notice!
Concerns:
1. Timeliness of Delivery: I only received the PCN today, on the
14th day after the issue date, which is also the last day to pay
the discounted rate. Does the timing of delivery affect PoFA
compliance? 2. PoFA Compliance: : I’ve read that PoFA is
important for determining whether the registered keeper (me) can
be held liable if the driver isn’t named. From what I see:
- The PCN includes the entry and exit times and explains the
breach (overstaying), but I’m unsure if it includes all the
necessary PoFA wording.
- It mentions keeper liability and gives 28 days to pay or
provide driver details, but I’m not sure if the specific PoFA
wording is there.
3. Parking Limit Change:sudden reduction from 3 hours to 2 hours
without clear signage or prior notice is very concerning. I feel
this is unfair since many of us have been used to the 3-hour
limit for years.
4. Appeal or Pay?: Today is the last day for the discounted £42
rate. Should I pay or appeal?
I’d appreciate any advice—attached both sides of the PCN (with
personal info removed). Thanks in advance!
#Post#: 39027--------------------------------------------------
Re: Horizon Parking PCN – PoFA Compliance & Sudden Change in
Asda Parking Limit
DIR By: b789
Date: October 1, 2024, 8:36 am
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Nobody pays Horizon. The Notice to Keeper (NtK) is basically
PoFA compliant. The fact that you received it more than 14 days
after the date of the alleged contravention is irrelevant unless
you can evidence that it was only received on that date. The
only criteria that PoFA requires is that the NtK is deemed as
given by the 14th day. PoFA allows two working days for delivery
from the issue date of the PCN.
So, the alleged contravention date was Friday 13th September.
The PCN was issued on Thursday 19th September. Therefore it was
deemed given on Monday 23rd September, 10 days after the date of
the alleged contravention.
So, there is no obvious PoFA failures and the Keeper can be
liable for the charge. However, you say that the terms of
parking changed recently from 3 hours to 2 hours max stay. How
recently? Within the last 4 months?
If so, were the change in terms prominently signposted? The BPA
Code of Practice (CoP) state at section 27.10:
--- Quote ---
> Material change - notices
> 27.10. Where there is any material change to any pre-existing
terms and conditions that would not be immediately apparent to a
motorist entering controlled land that is or has been open for
public parking, you must place additional (temporary) notices at
the site entrance for a period of not less than 4 months from
the date of the change making it clear that new terms and
conditions/charges apply, such that regular visitors who might
be familiar with the old terms do not inadvertently incur
parking charges.
--- End Quote ---
The first thing that you should do is try Plan A which is to ask
ASDA to get the PCN cancelled. ASDA can request the cancellation
of the PCN if you can show you were a patron of WBAC.com
operating under ASDA’s permission. You should also ask WBAC.com
to try and get the PCN cancelled.
If Plan A is not successful, then Plans B and C are appeals to
Horizon and then POPLA if necessary. Ultimately, Plan D is the
most likely to be successful, claim in the county court small
claims track.
Please answer the questions about when the change in terms was
made and whether they complied with section 27.10 of the BPA
CoP.
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