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#Post#: 43370--------------------------------------------------
HORIZON PARKING CHARGE TESCO OVERSTAY
DIR By: Mocede28
Date: October 31, 2024, 12:47 pm
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Hello to all
I have received this parking charge letter is attached here.
I replied via online portal to horizon with the following pofa
template.
Dear Sirs,
I have just received your Notice to Keeper Mr …….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 …..
I have received a reply to my email as follows
31st October 2024
Dear Appellant,
Parking Charge:HP……..
Thank you for your recent correspondence concerning the above
referenced Parking Charge.
Review of your Appeal
The Parking Charge was issued lawfully and in full and proper
accordance with the Private Parking Sector Single Code of
Practice issued by the British Parking Association (the ‘BPA’).
There are signs located at the entrance to, and within the car
park that state the terms and conditions that apply when
parking.
One of the terms and conditions is that vehicles must not exceed
the maximum stay period allowed. As this vehicle was found to be
parked longer than the maximum period allowed, a Parking Charge
was correctly issued.
The signs throughout the car park are clear and comply fully
with the BPA’s prescribed rules and regulations. When parking
on private land, it is the driver’s responsibility to ensure
they adhere to the terms and conditions of the car park
concerned.
As we have not been provided with the name and a serviceable
address for the driver/hirer, under Schedule 4 of the Protection
of Freedoms Act 2012, we do have the right, subject to meeting
the requirements of the Act, to recover from the Registered
Keeper the amount that remains outstanding. We have obtained the
name and address of the registered keeper of the vehicle from
the DVLA for the purposes of enforcing this charge.
If parking cannot be made without breaching the terms and
conditions of the car park, alternative parking arrangements
must be sought or motorists will be issued with a Parking Charge
as per the car park terms stated on the signage on site.
Given the above, and whilst we have considered your
representations carefully, on this occasion your appeal has been
rejected.
The Charge Amount and Methods of Payment
In good faith, Horizon will hold the charge at the current
amount of £40.00 for a further 14 days from the date of this
correspondence to allow you further time to pay.
Payment of the outstanding charge can be made using our 24-hour
payment line: 020 8106 0789 or online at
HTML https://horizonparking.co.uk/pay-parking-charge-notice/
Alternatively, payment can be made via cheque made payable to
Horizon Parking Ltd and posted to Horizon Parking Ltd, Finitor
House, 2 Hanbury Road Chelmsford, Essex CM1 3AE
Additional Types of Appeal
You have now reached the end of our appeals procedure. Although
we have rejected your appeal, the Parking On Private Land
Appeals (POPLA) provides an independent appeals service. To use
this service, you must appeal to POPLA within 28 days of the
date of this correspondence.
For full instructions of how to appeal to POPLA, please visit
their website at www.popla.co.uk. If you would rather progress
this matter by post, please contact our Appeals Office and we
will send you the necessary paperwork.
Your POPLA reference number is …………
Please be advised that if you elect for independent arbitration
of your case, you will be required to pay the charge at the
full amount and as such will no longer qualify for payment at
the reduced rate. Please also be advised that POPLA will not
accept an appeal where payment is made against the Parking
Charge in question.
We are required by law to inform you that Ombudsman Services
(www.ombudsman-services.org/) provides an alternative dispute
resolution service that would be competent to deal with your
appeal; however , Horizon has not chosen to participate in
their alternative dispute resolution service. As such, should
you wish to appeal then you must do so to POPLA as explained
above.
Any help appreciated.
Thank you for your time reading this.
[attachment deleted by admin]
#Post#: 43371--------------------------------------------------
Re: HORIZON PARKING CHARGE TESCO OVERSTAY
DIR By: Mocede28
Date: October 31, 2024, 12:50 pm
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I think I have done something wrong in replying with POFA
template maybe ?
#Post#: 43374--------------------------------------------------
Re: HORIZON PARKING CHARGE TESCO OVERSTAY
DIR By: DWMB2
Date: October 31, 2024, 12:55 pm
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The front certainly doesn't look PoFA compliant - can you show
us the back?
#Post#: 43376--------------------------------------------------
Re: HORIZON PARKING CHARGE TESCO OVERSTAY
DIR By: Mocede28
Date: October 31, 2024, 12:59 pm
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Not pofa compliant? 🤦🏼‍♂️
[attachment deleted by admin]
#Post#: 43441--------------------------------------------------
Re: HORIZON PARKING CHARGE TESCO OVERSTAY
DIR By: b789
Date: October 31, 2024, 7:49 pm
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The Notice to Keeper (NtK) is not PoFA compliant for the
following reason:
PoFA Wording Requirement (Schedule 4, Paragraph 9(2)(f))
PoFA states:
[indent]"...the creditor has the right to recover unpaid parking
charges from the keeper if, at the end of the period of 28 days
beginning with the day after that on which the notice is
given..."[/indent]
This means the 28-day period begins the day after the NtK is
deemed to have been given to the keeper.
For an NtK sent by post, it is deemed to be “given” on the
second working day after the date it was issued.
Therefore, the 28-day countdown under PoFA starts on the third
working day after the issue date.
Wording in the NtK Provided
[indent]"...after the period of 28 days from the second working
day after the date of this Parking Charge..."[/indent]
In this case, the NtK wording suggests that the 28-day period
starts on the second working day after the issue date, not on
the day after it is deemed given, as required by PoFA.
Key Difference
PoFA: The 28-day period starts on the third working day (the day
after it is deemed given).
NtK Wording: The 28-day period starts on the second working day
after the issue date, effectively starting one day earlier than
required by PoFA.
Conclusion
The NtK wording incorrectly starts the 28-day period a day too
soon, which fails to align with PoFA's required timing. This
discrepancy renders the NtK non-compliant with PoFA.
As long as the driver is not identified, appeal as the Keeper
with the above précis to POPLA.
#Post#: 43550--------------------------------------------------
Re: HORIZON PARKING CHARGE TESCO OVERSTAY
DIR By: Mocede28
Date: November 1, 2024, 1:18 pm
---------------------------------------------------------
Thanks for that info. Can anyone please help me with a template
to appeal to POPLA?
#Post#: 43573--------------------------------------------------
Re: HORIZON PARKING CHARGE TESCO OVERSTAY
DIR By: DWMB2
Date: November 1, 2024, 7:35 pm
---------------------------------------------------------
If nobody beats me to it I should have some time Sunday evening
to help draft something up.
#Post#: 43575--------------------------------------------------
Re: HORIZON PARKING CHARGE TESCO OVERSTAY
DIR By: Mocede28
Date: November 1, 2024, 8:38 pm
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Thank you so much
#Post#: 43589--------------------------------------------------
Re: HORIZON PARKING CHARGE TESCO OVERSTAY
DIR By: b789
Date: November 2, 2024, 5:52 am
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Here is a suggestion for a POPLA appeal that can be enhanced if
necessary. It is based on the fact that the NtK is not fully
compliant with all the requirements of PoFA and therefore the
Keeper cannot be liable:
--- Quote ---
> I am the registered keeper of the vehicle in question and am
appealing Horizon Parking’s Parking Charge Notice on the grounds
that the Notice to Keeper (NtK) issued fails to comply with the
strict requirements of Schedule 4 of the Protection of Freedoms
Act 2012 (PoFA), specifically Schedule 4, Paragraph 9. Due to
these deficiencies, Horizon Parking has no right to hold me, the
keeper, liable. This appeal will demonstrate that Horizon
Parking's NtK does not meet all mandatory requirements of PoFA,
and partial or substantial compliance is legally insufficient.
>
> 1. Failure to Comply with the Mandatory 28-Day Notice Period
>
> PoFA Schedule 4, Paragraph 9(2)(f) requires that:
>
> [indent]"...the notice must state that the creditor has the
right to recover unpaid parking charges from the keeper if, at
the end of the period of 28 days beginning with the day after
that on which the notice is given..."[/indent]
>
> This wording mandates that the 28-day period begins the day
after the NtK is deemed served. For an NtK sent by post, it is
“given” two working days after the date of issue, and the 28-day
countdown should start the following day (the third working day
after the issue date).
>
> However, Horizon Parking's NtK states:
>
> [indent]"You are advised that if, after the period of 28 days
from the second working day after the date of this Parking
Charge..."[/indent]
>
> This is incorrect. Horizon Parking has improperly commenced
the 28-day period from the second working day after the date of
issue rather than from the day after it is deemed served. This
error results in the 28-day period beginning one day earlier
than PoFA prescribes.
>
> 2. Strict Compliance with PoFA is Required – Partial
Compliance is Insufficient
>
> The wording and timing of PoFA are explicit, and courts have
held that strict compliance with PoFA is required to transfer
liability to the keeper. Horizon Parking’s NtK fails to meet the
requirements of Schedule 4, Paragraph 9(2)(f) exactly as
prescribed. This failure means that Horizon Parking cannot hold
the registered keeper liable for the alleged charge.
>
> The fact that Horizon Parking’s NtK almost meets the
requirements is irrelevant under PoFA. Any minor deviation from
the exact language or requirements in PoFA renders the NtK
non-compliant. Therefore, partial or substantial compliance does
not satisfy PoFA; Horizon Parking must meet every single
requirement precisely.
>
> 3. Incorrect Wording on Keeper Liability
>
> PoFA Schedule 4, Paragraph 9(2)(f) requires the following
wording:
>
> [indent]"...the creditor has the right to recover unpaid
parking charges from the keeper if, at the end of the period of
28 days... the creditor does not know both the name of the
driver and a current address for service for the
driver."[/indent]
>
> Horizon Parking's NtK uses ambiguous wording by stating:
>
> [indent]"...we have the right to recover any unpaid part of
the Parking Charge from you."[/indent]
>
> This deviation introduces confusion and does not match the
strict requirements of PoFA. Horizon Parking’s NtK does not
correctly convey that liability will only transfer to the keeper
if specific PoFA conditions are met. The NtK's failure to use
precise language, as PoFA mandates, further invalidates any
keeper liability.
>
> 4. No Obligation to Identify the Driver
>
> The NtK wording implies that Horizon Parking may pursue the
keeper because the driver has not been identified. However, PoFA
imposes no obligation on the keeper to identify the driver. As
the registered keeper, I have chosen not to provide driver
details, and there is no legal requirement for me to do so.
>
> Without strict compliance with PoFA, Horizon Parking has no
legal grounds to hold the keeper liable, regardless of whether
the driver’s identity is disclosed.
>
> 5. Request for Strict Proof of Full Compliance with PoFA
>
> Horizon Parking claims the right to hold the keeper liable
under PoFA. I request that POPLA requires Horizon Parking to
provide strict proof of compliance with all aspects of PoFA, not
just selected parts. Horizon Parking must demonstrate that the
NtK:
>
> [indent]• States the mandatory 28-day period correctly,
beginning the day after the notice is deemed served.
>
> • Contains the precise wording mandated by Schedule 4,
Paragraph 9(2)(f), regarding the conditions for holding the
keeper liable.
>
> • Complies with every other requirement in Schedule 4 of PoFA,
as partial compliance is legally insufficient.[/indent]
>
> If Horizon Parking cannot demonstrate full compliance with
PoFA, POPLA must conclude that there is no keeper liability in
this case and the PCN must be cancelled.
--- End Quote ---
#Post#: 43624--------------------------------------------------
Re: HORIZON PARKING CHARGE TESCO OVERSTAY
DIR By: Mocede28
Date: November 2, 2024, 9:14 am
---------------------------------------------------------
Thank you b789.
I have another pcn from the same place but in a different car
with a different keeper name and address. This one I haven’t
appealed to horizon yet. Do I use the same template above for
the initial appeal to horizon or something different ?
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