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#Post#: 56913--------------------------------------------------
Horizon Parking Charge Overstay Tesco 1am
DIR By: JLA
Date: February 6, 2025, 8:42 am
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Received this parking charge from Horizon for overstaying at
Tesco Brent Cross car park at 1am. The driver pulled into there
after coming off of the M1 as they felt really tired and just
wanted to rest up for a bit, they really had no idea there were
any restrictions on time allowed and didn't notice any signs
relating to that. As I said they were really tired and just
wanted to take a break from driving and it just seems a bit
harsh getting a ticket for stopping for a while in an empty car
park at 1am!
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#Post#: 56931--------------------------------------------------
Re: Horizon Parking Charge Overstay Tesco 1am
DIR By: b789
Date: February 6, 2025, 9:50 am
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Ha! No one pays a penny to the eejits at Horizon. Easy one to
deal with... 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 ---
#Post#: 57072--------------------------------------------------
Re: Horizon Parking Charge Overstay Tesco 1am
DIR By: JLA
Date: February 7, 2025, 6:55 am
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Thank you for your reply, I'm sorry if i sound a bit stupid but
how is it non compliant with POFA, I've tried figuring it out
from reading other threads on here but I'm quite confused by it
all.
#Post#: 57092--------------------------------------------------
Re: Horizon Parking Charge Overstay Tesco 1am
DIR By: b789
Date: February 7, 2025, 9:09 am
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Have a read of PoFA 9(2)(f) and then have a read on the back of
the NtK and do the maths.
Compare the wording on the NtK vs PoFA 9(2)(f):
What the 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, the amount due has not been paid in full and we do not
know both the name and current address of the driver, we have
the right to recover any unpaid part of the parking charge from
you."[/indent]
What PoFA 9(2)(f) actually states:
[indent]"The notice must warn the keeper that if, after the
period of 28 days beginning with the day after that on which the
notice is given
[indent](a) the amount of the unpaid parking charges specified
under paragraph (d) has not been paid in full, and
(b) the creditor does not know both the name of the driver and a
current address for service for the driver,[/indent]
the creditor will (if all the applicable conditions under this
Schedule are met) have the right to recover from the keeper so
much of that parking charge as remains unpaid."[/indent]
Under Paragraph 9(6) of Schedule 4 of the Protection of Freedoms
Act 2012 (PoFA):
[indent]A notice sent by post is to be presumed, unless the
contrary is proved, to have been GIVEN on the second working day
after the day on which it is posted.
Now do the maths:
PoFA 9(2)(f) Requirement:
[indent] The 28-day period starts from the day after the notice
is given.
NtK deemed given (delivered): Thursday, 30th January 2025.
PoFA 28-day period starts: Friday, 31st January 2025.
PoFA deadline for Keeper liability: Friday, 28th February
2025.[/indent]
NtK Wording:
[indent] The NtK states that the 28-day period starts "from the
second working day after the date of this Parking Charge".
NtK issue date: Tuesday, 28th January 2025.
Second working day after issue date: Thursday, 30th January
2025.
NtK-stated 28-day period starts: Thursday, 30th January 2025.
NtK-stated deadline for Keeper liability: Thursday, 27th
February 2025.[/indent]
So, PoFA 9(2)(f) correct deadline: Friday, 28th February 2025.
Horizons NtK-stated deadline (based on its wording): Thursday,
27th February 2025.
This means that the NtK wording actually shortens the period by
one day, making it non-compliant with PoFA. The NtK MUST give
the full statutory 28-day period, but its incorrect wording
results in an earlier deadline than PoFA allows.
Is that clear?
Use the POPLA appeal we provided in this case for an almost
identical Horizon blooper. Just change the details to match your
case:
HTML https://www.ftla.uk/private-parking-tickets/overstayed-parking/msg53263/#msg53263
#Post#: 57266--------------------------------------------------
Re: Horizon Parking Charge Overstay Tesco 1am
DIR By: JLA
Date: February 9, 2025, 5:20 am
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Thank you, understood.
Have submitted appeal to Horizon today, will update when I get a
response.
Is it possible for me to edit my first post to remove certain
details?
#Post#: 59283--------------------------------------------------
Re: Horizon Parking Charge Overstay Tesco 1am
DIR By: JLA
Date: February 22, 2025, 5:25 am
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Hi, quick update, just got this email from Horizon, appeal
rejected as expected, will do POPLA appeal as advised
previously.
HTML https://i.ibb.co/209NrXzX/Screenshot-20250222-111357-Drive.jpg
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#Post#: 59302--------------------------------------------------
Re: Horizon Parking Charge Overstay Tesco 1am
DIR By: DWMB2
Date: February 22, 2025, 7:37 am
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--- Quote ---
> Is it possible for me to edit my first post to remove certain
details?
--- End Quote ---
Edit function is time limited to prevent misuse. Send me a
direct message with an updated version of what you want the
first post to say and I'll edit it for you.
#Post#: 59721--------------------------------------------------
Re: Horizon Parking Charge Overstay Tesco 1am
DIR By: JLA
Date: February 26, 2025, 3:12 am
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Hi, was just doing appeal for POPLA and not sure if I'm being
stupid but I make the last date for the 28 day period the 27th
Feb if I include 31st Jan (the day after deemed given) and
Horizon's NtK date for same period 26th Feb counting 30th Jan as
day 1 of the 28 day period or have I got it wrong?
Thanks.
#Post#: 59727--------------------------------------------------
Re: Horizon Parking Charge Overstay Tesco 1am
DIR By: b789
Date: February 26, 2025, 4:00 am
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The POPLA code is actually valid for 33 days from the date of
the appeal rejection. They allow 5 days for service of the
letter.
#Post#: 59729--------------------------------------------------
Re: Horizon Parking Charge Overstay Tesco 1am
DIR By: jfollows
Date: February 26, 2025, 4:02 am
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The original poster is asking about the PoFA 28 day period here.
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