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#Post#: 45136--------------------------------------------------
Horizon Parking
DIR By: privates
Date: November 11, 2024, 4:39 pm
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What grounds can I appeal this PCN under?
My vehicle had a electrical issue in this area, I had parked
there for a couple hours trying to figure it out. Two days after
AA also visited the vehicle in this car park.
Which appeal can I put through?
#Post#: 45139--------------------------------------------------
Re: Horizon Parking
DIR By: DWMB2
Date: November 11, 2024, 4:44 pm
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I've removed that attachment, you left the VRM and PCN number
showing.
I know this isn't your first rodeo on the forum, but do please
take another look at the following thread: READ THIS FIRST -
Private Parking Charges Forum guide
HTML http://READ THIS FIRST - Private Parking Charges Forum guide and
provide as much of the information it asks for as you can. The
more info you provide, the better advice we can give.
Was the driver aware of the vehicle fault when they entered the
private car park?
#Post#: 46132--------------------------------------------------
Re: Horizon Parking
DIR By: privates
Date: November 18, 2024, 4:52 pm
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PCN :
HTML https://ibb.co/Cv9Kz0h
GSV :
HTML https://www.google.co.uk/maps/@51.5279189,-0.2696171,3a,75y,160.43h,89.28t/data=!3m7!1e1!3m5!1sk0cY7ewQQF6vkg0Yow4IAA!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D0.7199999999999989%26panoid%3Dk0cY7ewQQF6vkg0Yow4IAA%26yaw%3D160.43!7i13312!8i6656?entry=ttu&g_ep=EgoyMDI0MTExMy4xIKXMDSoASAFQAw%3D%3D
I was aware of the issue but as this is quite a industrial area
there isn't much safer then here to park to check on it. I had
the vehicle full valeted and unfortunately some water had caused
electrical issues where the steering column wasn't fully
functioning (no indicators)
Also that link isn't working unfortunately.
#Post#: 46169--------------------------------------------------
Re: Horizon Parking
DIR By: b789
Date: November 19, 2024, 6:42 am
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We also need to see the back of that Notice to Keeper (NtK).
Until we've see it, the most likely appeal will be as as the
Keeper of the vehicle and there being no keeper liability
because their NtK is not fully compliant with all the
requirements of PoFA, they can go swivel on a sharp stick.
However, until we've seen the back, don't do anything else,
#Post#: 46874--------------------------------------------------
Re: Horizon Parking
DIR By: privates
Date: November 24, 2024, 3:51 pm
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--- Quote from: b789 link ---
>
> We also need to see the back of that Notice to Keeper (NtK).
Until we've see it, the most likely appeal will be as as the
Keeper of the vehicle and there being no keeper liability
because their NtK is not fully compliant with all the
requirements of PoFA, they can go swivel on a sharp stick.
>
> However, until we've seen the back, don't do anything else,
>
--- End Quote ---
Here is the back of the NTO :
HTML https://ibb.co/pQNdf8D
thank you for your time.
#Post#: 48270--------------------------------------------------
Re: Horizon Parking
DIR By: privates
Date: December 4, 2024, 8:58 am
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Any luck with the above?
#Post#: 48280--------------------------------------------------
Re: Horizon Parking
DIR By: DWMB2
Date: December 4, 2024, 9:24 am
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If nobody beats me to it I can try and draft you something up
this evening.
#Post#: 48309--------------------------------------------------
Re: Horizon Parking
DIR By: b789
Date: December 4, 2024, 12:26 pm
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Here is a suggested appeal to Horizon. It is derisory because
because of their intellectual malnourishment by insisting to
issue PCNs that consistently fail to fully comply with ALL the
requirements of PoFA:
--- Quote ---
> Subject: Appeal of Parking Charge Notice (PCN) – Reference
[PCN Reference Number]
>
> Dear Horizon Parking Appeals Team,
>
> I am writing to appeal the Parking Charge Notice issued on
[Date] as the registered keeper of the vehicle [Vehicle
Registration].
>
> Your Notice to Keeper (NtK) purports to comply with the
Protection of Freedoms Act 2012 (PoFA), yet fails to meet its
requirements. The fact that Horizon claim PoFA compliance while
drafting a notice that blatantly fails to meet the basic
requirements of the Act only serves to highlight a case of
severe intellectual malnourishment by whoever is responsible for
the wording.
>
> Allow me to point out to you why your NtK does not meet the
requirements of Paragraph 9(2)(f) of Schedule 4 of PoFA:
>
> [indent]Your NtK states Keeper liability arises 28 days from
the second working day after the date of the Parking Charge.
This is wrong. Paragraph 9(2)(f) of PoFA specifies:
>
> [indent]"...the end of the period of 28 days beginning with
the day after that on which the notice is given."[/indent]
>
> Let’s break it down into manageable chunks for you:
>
> [indent]• Parking Charge Date: 18th October 2024.
> • Notice Given Date: 25th October 2024 (two working days after
the issue date, as per your own wording).
> • PoFA-Compliant Start Date: 26th October 2024.
> • Correct Deadline: 22nd November 2024.[/indent]
>
> By using an earlier start date of 22nd October 2024, your NtK
is therefore non-compliant.[/indent]
>
> As the registered keeper, I am under no legal obligation to
identify the driver to Horizon, an unregulated private parking
company. Your NtK can only hold the driver liable unless strict
compliance with PoFA is achieved, which, as outlined above, it
is not.
>
> Your NtK cannot hold me liable as the Keeper. As Horizon
cannot hold me liable, if there was any competence in the ranks
of Horizon's appeals team, you’d already know that.
>
> If you are struggling to understand why the NtK fails to
comply with PoFA, might I suggest passing this appeal to someone
at Horizon who possesses the intellectual capacity to grasp
basic legal requirements? Assuming such a person exists, they
may be able to save you from further embarrassment by cancelling
this Parking Charge now.
>
> Horizon's non-compliance with PoFA means this charge would
fail at POPLA. I strongly urge you to save us both the time and
effort by cancelling this Parking Charge immediately.
>
> If you persist in this futile attempt to hold me liable, I
require a detailed response addressing these points, along with
a POPLA code so that I can have this non-PoFA compliant PCN
formally overturned.
--- End Quote ---
#Post#: 48426--------------------------------------------------
Re: Horizon Parking
DIR By: privates
Date: December 5, 2024, 6:10 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Here is a suggested appeal to Horizon. It is derisory because
because of their intellectual malnourishment by insisting to
issue PCNs that consistently fail to fully comply with ALL the
requirements of PoFA:
>
> [quote]Subject: Appeal of Parking Charge Notice (PCN) –
Reference [PCN Reference Number]
>
> Dear Horizon Parking Appeals Team,
>
> I am writing to appeal the Parking Charge Notice issued on
[Date] as the registered keeper of the vehicle [Vehicle
Registration].
>
> Your Notice to Keeper (NtK) purports to comply with the
Protection of Freedoms Act 2012 (PoFA), yet fails to meet its
requirements. The fact that Horizon claim PoFA compliance while
drafting a notice that blatantly fails to meet the basic
requirements of the Act only serves to highlight a case of
severe intellectual malnourishment by whoever is responsible for
the wording.
>
> Allow me to point out to you why your NtK does not meet the
requirements of Paragraph 9(2)(f) of Schedule 4 of PoFA:
>
> [indent]Your NtK states Keeper liability arises 28 days from
the second working day after the date of the Parking Charge.
This is wrong. Paragraph 9(2)(f) of PoFA specifies:
>
> [indent]"...the end of the period of 28 days beginning with
the day after that on which the notice is given."[/indent]
>
> Let’s break it down into manageable chunks for you:
>
> [indent]• Parking Charge Date: 18th October 2024.
> • Notice Given Date: 25th October 2024 (two working days after
the issue date, as per your own wording).
> • PoFA-Compliant Start Date: 26th October 2024.
> • Correct Deadline: 22nd November 2024.[/indent]
>
> By using an earlier start date of 22nd October 2024, your NtK
is therefore non-compliant.[/indent]
>
> As the registered keeper, I am under no legal obligation to
identify the driver to Horizon, an unregulated private parking
company. Your NtK can only hold the driver liable unless strict
compliance with PoFA is achieved, which, as outlined above, it
is not.
>
> Your NtK cannot hold me liable as the Keeper. As Horizon
cannot hold me liable, if there was any competence in the ranks
of Horizon's appeals team, you’d already know that.
>
> If you are struggling to understand why the NtK fails to
comply with PoFA, might I suggest passing this appeal to someone
at Horizon who possesses the intellectual capacity to grasp
basic legal requirements? Assuming such a person exists, they
may be able to save you from further embarrassment by cancelling
this Parking Charge now.
>
> Horizon's non-compliance with PoFA means this charge would
fail at POPLA. I strongly urge you to save us both the time and
effort by cancelling this Parking Charge immediately.
>
> If you persist in this futile attempt to hold me liable, I
require a detailed response addressing these points, along with
a POPLA code so that I can have this non-PoFA compliant PCN
formally overturned.
--- End Quote ---
[/quote]
Thank you for your time
#Post#: 48430--------------------------------------------------
Re: Horizon Parking
DIR By: b789
Date: December 5, 2024, 6:28 am
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they'll reject anyway, but you may as well have a bit of fun at
their expense whilst getting your POPLA code.
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