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       #Post#: 43628--------------------------------------------------
       Re: HORIZON PARKING CHARGE TESCO OVERSTAY
   DIR By: b789
       Date: November 2, 2024, 9:18 am
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       The KEEPER (the person to whom the NtK is addressed) appeals to
       Horizon, only as the Keeper, using the wording above, if it is
       for the same location and reason.
       #Post#: 43956--------------------------------------------------
       Re: HORIZON PARKING CHARGE TESCO OVERSTAY
   DIR By: Mocede28
       Date: November 4, 2024, 1:43 pm
       ---------------------------------------------------------
       Im about to start my appeal with POPLA. Do you think they will
       they ask for evidence of who was driving? Just asking because I
       saw this on the bottom section of appeal. SS attached.
       [attachment deleted by admin]
       #Post#: 43959--------------------------------------------------
       Re: HORIZON PARKING CHARGE TESCO OVERSTAY
   DIR By: DWMB2
       Date: November 4, 2024, 1:48 pm
       ---------------------------------------------------------
       That option is not true, as you are the Registered Keeper.
       Definitely don't select that. Choose 'other' under grounds for
       appeal.
       #Post#: 43961--------------------------------------------------
       Re: HORIZON PARKING CHARGE TESCO OVERSTAY
   DIR By: Mocede28
       Date: November 4, 2024, 2:09 pm
       ---------------------------------------------------------
       100% sure? I thought I was appealing as being the registered
       keeer but not the driver at the time of parking? Therefore they
       can’t hold me liable under the points on b789’s template.
       #Post#: 43965--------------------------------------------------
       Re: HORIZON PARKING CHARGE TESCO OVERSTAY
   DIR By: DWMB2
       Date: November 4, 2024, 2:21 pm
       ---------------------------------------------------------
       --- Quote from: Mocede28 link ---
       >
       > I thought I was appealing as being the registered keeer
       >
       --- End Quote ---
       And the option you had selected above says "I was not the driver
       or the registered keeper", so if you are appealing as the
       keeper, that is the wrong option.
       Select "other" for your reason for appeal, the text you will be
       submitted tells them what your reasoning is.
       #Post#: 43977--------------------------------------------------
       Re: HORIZON PARKING CHARGE TESCO OVERSTAY
   DIR By: Mocede28
       Date: November 4, 2024, 2:51 pm
       ---------------------------------------------------------
       Tomorrow evening I will appeal under other as you stated. Thank
       you for your input. 🖤
       #Post#: 44135--------------------------------------------------
       Re: HORIZON PARKING CHARGE TESCO OVERSTAY
   DIR By: Mocede28
       Date: November 5, 2024, 2:18 pm
       ---------------------------------------------------------
       I submitted the appeal to POPLA now and I’ll wait to hear from
       them and update you all here on the outcome. Hopefully some good
       news.
       Thanks to all who have taken the time to read and reply. Very
       much appreciate the help.
       #Post#: 46483--------------------------------------------------
       Re: HORIZON PARKING CHARGE TESCO OVERSTAY
   DIR By: Mocede28
       Date: November 21, 2024, 7:50 am
       ---------------------------------------------------------
       Hi all.
       I have received operator information and evidence in my Popla
       account today. It’s a 27 page pdf mainly a recap of what’s been
       going on but I have taken a SS of the main reasons they clarify
       to reject my initial appeal with popla.
       I have been given 7 days to reply.
       What are your thoughts on this? They seem very firm in what they
       said.
       Thanks in advance.
       [attachment deleted by admin]
       #Post#: 46502--------------------------------------------------
       Re: HORIZON PARKING CHARGE TESCO OVERSTAY
   DIR By: DWMB2
       Date: November 21, 2024, 8:34 am
       ---------------------------------------------------------
       Don't fire anything off yet but some initial thoughts re. their
       claim to have complied with PoFA
       --- Quote ---
       > [indent]The operator claims that their notice is fully
       compliant with PoFA and has 'zero failings', but entirely fails
       to substantiate this point with any evidence, and makes
       absolutely no effort to engage with the specific issues raised
       in my appeal regarding their lack of compliance. As I set out
       explicitly in point #1 of my appeal, Horizon have used the wrong
       period of time in their notice, meaning that it does not comply
       with 9(2)(f) of PoFA.
       >
       > 9(2)(f) of PoFA specifies the relevant time period for this
       paragraph as:
       >
       > [indent]"the end of the period of 28 days beginning with the
       day after that on which the notice is given"[/indent]
       >
       > Parking Charge date: 15th October 2024
       > Date the Notice was given: 17th October 2024
       > Beginning of the 28 day period per the above wording: 18th
       October
       >
       > Horizon's notice states:
       >
       > [indent]"after the period of 28 days from the second working
       day after the date of this Parking Charge"[/indent]
       >
       > Parking Charge date: 15th October 2024
       > Beginning of the 28 day period per the above wording: 17th
       October 2024
       >
       > As can be seen from the information above, Horizon's defective
       wording means that an incorrect date was communicated by their
       notice, such that the keeper was not properly warned of the date
       from which the operator would be able to recover the unpaid
       charges from him. As a result of this failure, Horizon's notice
       does not comply with the requirements of Schedule 4 of PoFA, and
       as such my appeal should be upheld.[/i][/indent]
       --- End Quote ---
       I'd be minded to include dates like I suggest above just to make
       it as clear as possible that this isn't a silly quibble over a
       difference in wording that ultimately conveys the same meaning,
       but that the wording here creates a material difference in
       meaning.
       #Post#: 46506--------------------------------------------------
       Re: HORIZON PARKING CHARGE TESCO OVERSTAY
   DIR By: b789
       Date: November 21, 2024, 9:25 am
       ---------------------------------------------------------
       Here is a suggested response well within the 10,000 character
       limit that you can copy and paste into their webform:
       --- Quote ---
       > Thank you for considering my response to Horizon Parking’s
       submission. I must address their claim that “this particular car
       park is enforced with the Protection Of Freedoms Act (POFA) 2012
       and therefore, if the driver’s details are not provided, the
       registered keeper of the vehicle is held liable for the Parking
       Charge that has been issued to their vehicle.”
       >
       > This statement is absurd. A car park cannot be "enforced" with
       PoFA. The Act simply provides parking operators with a legal
       mechanism to transfer liability from the driver to the
       registered keeper, provided they comply with every requirement
       of Schedule 4. It is not a blanket permission slip for operators
       to hold keepers liable whenever they feel like it. Horizon
       Parking’s claim either demonstrates a lack of understanding of
       PoFA or a deliberate attempt to mislead. As I explained in my
       appeal, their Notice to Keeper does not meet the statutory
       requirements of PoFA, and liability does not transfer
       automatically simply because the driver’s details are not
       provided.
       >
       > As I set out explicitly in point #1 of my appeal, Horizon
       Parking has used the wrong period of time in their notice,
       meaning it does not comply with Paragraph 9(2)(f) of PoFA. This
       paragraph specifies the relevant time period as follows:
       >
       > "the end of the period of 28 days beginning with the day after
       that on which the notice is given."
       >
       > Using the dates from their NtK:
       >
       > * Parking Charge date: 15th October 2024
       > * Date the Notice was given: 17th October 2024 (two working
       days after the issue date)
       > * Beginning of the 28-day period per PoFA: 18th October 2024
       >
       > However, Horizon’s Notice incorrectly states:
       >
       > * "after the period of 28 days from the second working day
       after the date of this Parking Charge."
       >
       > This means their calculation is as follows:
       >
       > * Parking Charge date: 15th October 2024
       > * Beginning of the 28-day period per their defective wording:
       17th October 2024
       >
       > As shown above, Horizon’s defective wording incorrectly
       communicates the start of the 28-day period, leading to a flawed
       understanding of when the operator could recover unpaid charges
       from the keeper. This is a direct failure to meet the statutory
       requirements of PoFA and invalidates their claim of compliance.
       >
       > The operator also states, “The Appellant has raised several
       points within their appeal. In response to points 1, 2, 3, 4 and
       5, the Parking Charge is fully compliant with the Protection Of
       Freedom Act 2012 (POFA). The Appellant is the Registered Keeper
       and they have not confirmed whether they were the driver or who
       was the driver. Therefore, because the charge is fully compliant
       with POFA, the Registered Keeper is held liable for the Parking
       Charge their vehicle has been issued.”
       >
       > Simply listing the points I raised, followed by the
       unsupported assertion that the Parking Charge is "fully
       compliant with PoFA," does not constitute a rebuttal. The
       operator fails entirely to engage with the specific legal
       arguments and evidence I provided. The incorrect calculation of
       the 28-day period under Paragraph 9(2)(f) is a clear statutory
       failing, yet the operator does not address or explain this
       defect.
       >
       > They further state, “In response to the points raised, the
       wording on the Parking Charge itself is fully compliant with
       POFA. The Appellant is questioning whether the relevant
       information is presented. If the Appellant has indeed read the
       Parking Charge letter in its entirety, they would be fully aware
       of the compliance of the charge with POFA and indeed that the
       Registered Keeper can be held liable.”
       >
       > This is not a rebuttal; it is another example of the operator
       repeating the phrase "fully compliant with PoFA" without
       addressing the specific failings I identified. They confuse the
       “Parking Charge” with the Notice to Keeper (NtK)—the relevant
       document for establishing keeper liability under PoFA. Their
       failure to distinguish between these documents only underscores
       their lack of understanding. The suggestion that I have not read
       the NtK properly is insulting. My appeal points directly
       identify their failures, such as the defective calculation of
       the 28-day period and their non-compliant wording.
       >
       > Finally, the operator states, “Finally, in response to the
       points raised, the Parking Charge has zero failings and although
       the Appellant was not the driver, they are held liable for this
       Parking Charge due to POFA.”
       >
       > Repeating “zero failings” does not make it true. My appeal
       outlined multiple clear failings in the NtK, including their
       failure to comply with the 28-day notice requirement and the
       omission of the precise wording required to transfer liability.
       The operator provides no rebuttal, relying instead on baseless
       assertions. This approach does not meet the evidential standard
       required to prove compliance.
       >
       > The operator’s inability to address my appeal points
       demonstrates that their NtK fails to comply with the strict
       requirements of PoFA. Without such compliance, there can be no
       keeper liability. I respectfully request that POPLA upholds my
       appeal and instructs Horizon Parking to cancel this Parking
       Charge Notice.
       --- End Quote ---
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