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#Post#: 39784--------------------------------------------------
Horizon PCN - NtK POFA or not?
DIR By: SaltEndian
Date: October 8, 2024, 5:04 am
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I received the following NtK from Horizon:
HTML https://i.imgur.com/89qa4hu.jpeg
I understand some of their more recent NtKs are now POFA
compliant, but unsure if this one is.
Would the following be a suitable appeal?
--- Quote ---
>
> Dear Sirs,
>
> I have received your Parking Charge Notice XXXX for vehicle
registration mark XXXX, in which you allege that the driver has
incurred a parking charge.
>
> I am appealing this notice on the grounds that I have no
liability for this matter as the registered keeper of the
vehicle.
>
> I note from your correspondence that you are not seeking to
hold me liable as the registered keeper, under Schedule 4 of the
Protection of Freedoms Act 2012 ("The Act"). You have chosen not
to issue a Notice to Keeper in accordance with The Act, and it
is now too late for you to do so.
>
> There is no obligation for me to name the driver and I will
not be doing so. As I have no liability for this charge, I look
forward to your confirmation that my appeal has been accepted
and you will not be seeking to recover this charge from me.
>
> Yours
>
--- End Quote ---
#Post#: 39785--------------------------------------------------
Re: Horizon PCN - NtK POFA or not?
DIR By: DWMB2
Date: October 8, 2024, 5:10 am
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It would, but that notice says it was issued at the end of July,
is there a reason you haven't appealed before now?
#Post#: 39787--------------------------------------------------
Re: Horizon PCN - NtK POFA or not?
DIR By: SaltEndian
Date: October 8, 2024, 5:22 am
---------------------------------------------------------
--- Quote ---
> is there a reason you haven't appealed before now?
--- End Quote ---
A mix of head in the sand about it, and other aspects of life
getting in the way.
Will the delay likely affect the chances of success?
#Post#: 39793--------------------------------------------------
Re: Horizon PCN - NtK POFA or not?
DIR By: WhoLetTheScamsOut
Date: October 8, 2024, 5:45 am
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Yes they are 99% likely to reject it based on the fact you
appealled it outside the window and your most likely option will
be small claim court to finish this once and for all.
#Post#: 39794--------------------------------------------------
Re: Horizon PCN - NtK POFA or not?
DIR By: SaltEndian
Date: October 8, 2024, 5:57 am
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Actually, I can't even make the appeal :'(
--- Quote ---
>
> The below Parking Charge Notice was issued to the
driver/registered keeper, and a subsequent reminder letter was
also issued.
>
> As per the British Parking Association’s (BPA) Code of
Practice, Point 23.7, the time to challenge the charge has
expired.
>
> Please refer to your Final Demand Letter.
>
--- End Quote ---
That's a lesson learnt. But I haven't received any further
correspondence about this, so not sure how to proceed.
I guess it might be worth a strongly worded email to the leisure
centre chain where the breech took place?
#Post#: 39802--------------------------------------------------
Re: Horizon PCN - NtK POFA or not?
DIR By: WhoLetTheScamsOut
Date: October 8, 2024, 6:37 am
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That shouldve been plan A but i dont think it’s late to try so
try it asap.
#Post#: 39806--------------------------------------------------
Re: Horizon PCN - NtK POFA or not?
DIR By: DWMB2
Date: October 8, 2024, 6:41 am
---------------------------------------------------------
Definitely try the leisure centre, but you may be wise for your
tone to be dictated by the nature of the situation (about which
we currently know very little).
The alleged breach is that the driver failed to pay for the
duration of the stay? Is that the case? If so, you might be wise
to be somewhat gentler with your tone, as you would essentially
be appealing to their good nature. If it's the case that the
charge shouldn't have been issued at all, you may wish to be
more firm, but bear in mind your email will be read by a human
being, who may be more amenable to helping you if you are firm
but polite.
#Post#: 39811--------------------------------------------------
Re: Horizon PCN - NtK POFA or not?
DIR By: SaltEndian
Date: October 8, 2024, 7:01 am
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--- Quote ---
> the nature of the situation...
--- End Quote ---
Accidental overstay - we've been a loyal customer of the leisure
centre for many years. Use it weekly for multiple children's
swimming lessons, football etc. On this occasion we'd booked
tickets for an event held in their grounds (inflatable obstacle
course). There was an issue with the equipment/generator, which
meant our slot was delayed, and eventually cancelled. I believe
the overstay was 19 minutes.
--- Quote ---
> shouldve been plan A but i dont think it’s late to try so try
it asap.
--- End Quote ---
I will get something over to them now, bearing in mind my tone.
#Post#: 39812--------------------------------------------------
Re: Horizon PCN - NtK POFA or not?
DIR By: DWMB2
Date: October 8, 2024, 7:03 am
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If that doesn't work, there's no harm in sending your proposed
appeal in to Horizon - they won't accept it, of course, but it
will at least show that you are well-informed, and perhaps not
the easy target they are hoping you'll be.
#Post#: 39821--------------------------------------------------
Re: Horizon PCN - NtK POFA or not?
DIR By: SaltEndian
Date: October 8, 2024, 7:55 am
---------------------------------------------------------
Just received from the leisure centre:
--- Quote ---
>
> I can confirm I have contacted Horizon and we have waived this
parking fine for you.
>
--- End Quote ---
Main lesson learnt here is not to procrastinate :-[
Thanks for the replies and encouragement - when I realised I
couldn't easily appeal I was 95% resigned to paying it :-X
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