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#Post#: 89564--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: bigred247
Date: September 11, 2025, 3:21 pm
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Hi all,
I visited the shopping centre and spoke with the car park
management office, but they weren't too helpful. They said, i'd
need to contact Horizon directly and that they don't have the
ability to do anything about it.
Although it might be a long shot, I have reached out to the mall
manager to see if he can assist, but still waiting for him to
respond. Not sure what else i can do at this point.
#Post#: 90058--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: bigred247
Date: September 15, 2025, 11:53 am
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Hi all,
I did hear back from the mall manager but they are unable to
help as I don't have a receipt. In this scenario, what can i do
as the registered keeper?
#Post#: 90148--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: b789
Date: September 16, 2025, 5:03 am
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Appeal and fight it all the way to a county court claim if
necessary. If it does go as far as a court clAim, the odds of ti
going all the way to a hearing are very low. Even if it did,
they would likely be using the incompetents at Gladstones to
file the claim which gives a much grater chance of the claim
being struck out because of a failure by them to comply with CPR
16.4(1)(a).
#Post#: 90243--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: bigred247
Date: September 16, 2025, 1:01 pm
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[member=26]b789[/member]
Can the argument/template in the below thread be used to here to
make a challenge? If not, how best to position myself?
HTML https://www.ftla.uk/private-parking-tickets/horizon-parking-failure-to-pay-for-full-duration-of-stay/msg65068/#msg65068
#Post#: 90314--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: b789
Date: September 17, 2025, 3:18 am
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Unfortunately, the Notice to Keeper (NtK) is PoFA compliant
which means that even if the driver is not identified, they can
still chase the Keeper. But that does not mean that you cannot
fight it.
What we are not clear on is why the vehicle was parked without a
valid payment for the full duration of the stay. On what grounds
do you want appeal this?
The linked thread was argued on a PoFA failure but ultimately
was successful at POPLA because the landowner contract they
evidenced was not valid and therefore the parking operator could
not evidence standing to issue PCNs in the first place. You
won't get a chance to try that angle unless you appeal it first
and then to POPLA, with no guarantees.
#Post#: 90393--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: bigred247
Date: September 17, 2025, 10:35 am
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[member=26]b789[/member]
The driver was a genuine customer who is a regular visitor to
this shopping center. This appears to be a first-time oversight
by someone who typically complies with parking requirements.
What are the best grounds for appeal in this situation?
#Post#: 90415--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: b789
Date: September 17, 2025, 12:31 pm
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You are assuming that these unregulated parking firms have some
sort of customer service ethos and will give a poop about your
mitigation. WRONG!!!!! All they are after if your money and they
will stoop as low as they can get to try and make you part with
your hard earned cash.
As far as they are concerned, the driver breached a contractual
term on one of the contractual signs. They have issued a
speculative invoice in the hope that you either pay the mugs
discount rate or will pay up after the initial appeal is
rejected, irrespective of why.
Pleading it was an honest mistake is gold dust to them because
it admits liability. You could try adding in that you are an
orphan and were abused in multiple care homes and you have no
been diagnosed as terminally ill and so on... it will make not
one iota of difference. Before PoFA in 2012, these firms were
clampers and you remember how they were back in those days?
Just follow the advice if you want to defeat these scavengers.
#Post#: 90452--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: bigred247
Date: September 17, 2025, 5:11 pm
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[member=26]b789[/member]
Thanks for following up. And i most certainly will definitely be
challenging this. I'm being a little thick here and i seem to
have misunderstood the advice in reference to your last comment
"Just follow the advice if you want to defeat these scavengers".
Do I simply select "i was not the driver" from the drop down?
and how best to supplement this with the comments?
HTML https://i.imgur.com/6KTZxEZ.png
#Post#: 90457--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: jfollows
Date: September 18, 2025, 1:51 am
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The driver entered into a contract by parking according to the
terms set out on the signs, under which the driver agreed to
make payment of some amount for a period of parking.
The driver didn’t make this payment, why not? Are the signs
prominent and clear or not? If they are clear, what was the
reason the driver didn’t pay properly?
If the signs weren’t clear, then the registered keeper can
appeal on this basis, but it’s more than likely the appeal will
be rejected, the case will go to court but will eventually be
discontinued. It will take a number of months.
Although you, as registered keeper, were not the driver, it has
previously been stated that Horizon has complied with PoFA 2012
(
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4)
to hold
the registered keeper liable for the actions of the driver.
If you appeal, you need a reason for your appeal. What is it?
You can’t appeal to the ‘better nature’ of these companies
because they don’t have one.
You can also identify the driver if you would prefer Horizon to
chase them instead of you.
#Post#: 90464--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: b789
Date: September 18, 2025, 3:18 am
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--- Quote from: bigred247 link ---
>
> [member=26]b789[/member]
> Thanks for following up. And i most certainly will definitely
be challenging this. I'm being a little thick here and i seem to
have misunderstood the advice in reference to your last comment
"Just follow the advice if you want to defeat these scavengers".
Do I simply select "i was not the driver" from the drop down?
and how best to supplement this with the comments?
>
>
HTML https://i.imgur.com/6KTZxEZ.png
>
--- End Quote ---
You don't have to lie. If you genuinely were not the driver,
select that option. Otherwise, just select "Other". They have no
idea who the driver is unless you, the Keeper, tells them. You
are under no legal obligation to identify the driver to an
unregulated private parking firm. They are not allowed to infer
or assume the Keeper was the driver and the burden of proof is
on them to prove you were the driver. How do you suppose they
can do that if you decline to provide them with the drivers
details?
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