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#Post#: 40969--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: b789
Date: October 16, 2024, 4:34 am
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Of course you give it a go. However, you don't start at the
bottom of the management food chain. You go straight to the top.
The CEO. Let them decide which of their minions will deal with
it.
#Post#: 41252--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: ezmarok178
Date: October 17, 2024, 11:11 am
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--- Quote from: b789 link ---
>
> Horizon are likely to reject the appeal but POPLA should
uphold it if so.
>
--- End Quote ---
Have more faith in yourself!
..I just received this email from Horizon:
'Dear Appellant,
Parking Charge ref: Hidden
Thank you for your recent correspondence regarding the above
Parking Charge , which we have reviewed.
I can confirm the Parking Charge has now been cancelled and no
further action will be taken in this matter.
Please note that once the Parking Charge is cancelled the
contact details are removed from the Parking Charge and will not
be retained for any purpose or shared with third parties. We
are, however, required to retain images and appeal
correspondence for a period of 2 years by DVLA and 3 years by
the BPA and are not therefore able to delete these from our
system. You can review our privacy policy at
HTML https://horizonparking.co.uk/privacy-policy/
or you can request
that a copy is sent to you in the post by contacting us at the
address below, if you have any queries regarding your data.
Yours sincerely,
Horizon Parking'
I don't suppose they get more straight forward than that. Thanks
very much for your help b789!
#Post#: 41258--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: DWMB2
Date: October 17, 2024, 11:36 am
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Thanks for the update. Useful to know Horizon are still in the
business of cancelling non-PoFA chsrges.
#Post#: 42340--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: frustin
Date: October 25, 2024, 10:36 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Oh dear... has there been any communication with Horizon that
reveal the driver identity? For example has the Keeper (the
recipient of the Notice to Keeper (NtK)), mentioned or given
away that they were the driver?
>
> That NtK is not fully compliant with all the requirements of
PoFA and so the keeper cannot be liable unless they have
admitted to being the driver, inadvertently or otherwise.
>
> Easy one to defeat... as long as the unknown drivers identity
is not revealed. There is no legal obligation on the known
keeper (the recipient of the Notice to Keeper (NtK)) to reveal
the identity of the unknown driver and no inference or
assumptions can be made.
>
> The NtK is not compliant with all the requirements of PoFA
which means that if the unknown driver is not identified, they
cannot transfer liability for the charge from the unknown driver
to the known keeper.
>
> Use the following as your appeal. No need to embellish or
remove anything from it:
>
> [quote]I am the keeper of the vehicle and I dispute your
'parking charge'. I deny any liability or contractual agreement
and I will be making a complaint about your predatory conduct to
your client landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. Horizon has relied on contract law allegations of
breach against the driver only.
>
> 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.
--- End Quote ---
[/quote]
Can this be used this for an APCOA notice response which is
basically the same as the mention Horizon one?
#Post#: 42349--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: b789
Date: October 25, 2024, 10:50 am
---------------------------------------------------------
Is it an APCOA Parking Charge Notice or one of their fake
Penalty Notices?
#Post#: 42357--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: frustin
Date: October 25, 2024, 10:59 am
---------------------------------------------------------
I'm not sure:
HTML https://imgur.com/a/8gULzyC
#Post#: 42358--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: frustin
Date: October 25, 2024, 11:00 am
---------------------------------------------------------
it looks like this:
HTML https://imgur.com/a/8gULzyC
#Post#: 42363--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: b789
Date: October 25, 2024, 11:08 am
---------------------------------------------------------
In which case you can use the appeal provided and just change
the name of the PPC to APCOA. That PCN is not PoFA compliant.
#Post#: 42365--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: frustin
Date: October 25, 2024, 11:13 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> In which case you can use the appeal provided and just change
the name of the PPC to APCOA. That PCN is not PoFA compliant.
>
--- End Quote ---
I am the keeper of the vehicle and I dispute your 'parking
charge'. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. APCOA has relied on contract law allegations of
breach against the driver only.
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.
APCOA have no hope at POPLA, so you are urged to save us both a
complete waste of time and cancel the PCN.
#Post#: 42367--------------------------------------------------
Re: PC - Horizon Parking - Exceeded Maximum Stay Period - Tesco
Express Taunton
DIR By: b789
Date: October 25, 2024, 11:15 am
---------------------------------------------------------
--- Quote from: frustin link ---
>
> [quote author=b789 link=topic=3462.msg42363#msg42363
date=1729872492]
> In which case you can use the appeal provided and just change
the name of the PPC to APCOA. That PCN is not PoFA compliant.
>
--- End Quote ---
I am the keeper of the vehicle and I dispute your 'parking
charge'. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. Horizon APCOA has relied on contract law
allegations of breach against the driver only.
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.
APCOA have no hope at POPLA, so you are urged to save us both a
complete waste of time and cancel the PCN.
[/quote]
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