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#Post#: 90465--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: jfollows
Date: September 18, 2025, 3:20 am
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They don’t have to prove the identity of the driver if they have
complied with PoFA 2012, which I thought we had concluded they
had.
#Post#: 90489--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: b789
Date: September 18, 2025, 6:32 am
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Whilst the NtK may be PoFA compliant, there are other points
that they can fail PoFA such as para 2(2-3). This is why the
drivers identity should never be revealed.
#Post#: 90503--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: bigred247
Date: September 18, 2025, 7:33 am
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Thanks folks. I'll go ahead and make the appeal. It'll probably
be a long drawn out process but will keep you folks aware of the
outcome.
#Post#: 93308--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: bigred247
Date: October 8, 2025, 1:01 am
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Just received this through the post. It was expected.
[member=26]b789[/member] you referred to "there are other points
that they can fail PoFA such as para 2(2-3)", are you referring
to adequate notice? Before appealing to POPLA, should I visit
the site and take photos of existing signage?
--- Quote ---
>
> Parking Charge Reference HP4109103
> Vehicle Registration Number LD63ZFM
> Breach of Terms and Conditions Failure to Pay for Full
Duration of Stay ANPR
> Date and Time of Breach 16th August 202505:28 PM
> Location Name Mercury Shopping Centre
> POPLA Code 3762745340
> Date of this Correspondence 1st October 2025
>
>
> 1st October 2025
>
>
> Dear Appellant,
>
> Parking Charge:HP4109103
>
> 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.
>
> As clearly stipulated on signage within the car park, payment
for parking must be made for the full duration of the vehicles
stay. Our systems do not show any evidence of payment made
against this vehicle on the incident date.
>
> 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.
>
> 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 £85.00 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
>
> If you have no evidence that you wish to submit to us then 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 3762745340
>
> 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.
>
> Yours sincerely,
>
>
--- End Quote ---
#Post#: 93314--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: b789
Date: October 8, 2025, 1:43 am
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If their signs were not prominent and failed to adequately bring
to the notice of the drover the charge, then they have failed
PoFA, irrespective of whether their NtK was PoFA compliant.
Have a search of the forum for other recent POPLA appeals and
put something together and show it here before sending.
#Post#: 94718--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: bigred247
Date: October 19, 2025, 11:46 am
---------------------------------------------------------
[member=26]b789[/member] I've conjured up the below using some
other posts on the forum and some further observations at the
car park entrance. Am i wide of the mark here? Any thoughts?
--- Quote ---
>
>
> As registered keeper, I challenge this PCN on the following
grounds:
>
> 1: No terms/conditions displayed at entry point:
> At the main entry point of the car park, there is only a basic
"car park" sign with no terms, conditions, or parking charges
displayed. This actively invites drivers to enter while
providing no notice of the terms they will be bound by. The
parking charges and terms are only displayed on signage
positioned further down the entrance path, AFTER a driver has
already turned in and committed to entering the car park.
>
> The BPA Code of Practice Section 19.3 explicitly requires "the
size and positioning of the sign must take into account the
expected speed and direction of travel of vehicles approaching
the entrance and must be visible." By placing only an
invitational "car park" sign at the entrance with no terms
displayed, the operator:
>
> •
or conditions
> •
enter
> •
drivers have already committed to entering private land
> •
before parking
>
> This creates an unfair catch-22: by the time the driver
encounters the terms further down the entrance path, they have
already entered private land. Reading the terms and deciding to
leave would itself constitute a "breach" under the operator's
rules. Adequate notice requires charges and key terms to be
displayed at the decision point to enter, not after entry has
occurred.|
>
> 2: Operator Must Prove Actual Notice Was Given
> The operator cannot rely on theoretical visibility or generic
site photos. They must prove actual notice was given to the
driver at this specific location. The operator must prove the
driver actually saw and understood the terms, not merely that
signs existed somewhere on site. Generic site photographs are
insufficient.
>
> I put the operator to strict proof that:
>
> - Signage was visible and readable from the vehicle's specific
parking location on the material date
> - The driver could reasonably see and read the terms before
committing to park
> - The parking charge was displayed prominently and in "large
lettering" as required
> - Photographic evidence showing the driver's actual view from
the parking space
>
> 3: No Valid Contract Formed - Keeper Liability Cannot Exist
> Due to the signage failures detailed above, no valid contract
was formed between the driver and the operator. Without clear,
visible, and prominent signage that the driver actually saw and
understood:
>
> - No offer was properly communicated
> - No acceptance could occur
> - No enforceable contract exists
>
> Under PoFA Schedule 4, keeper liability is conditional upon
the operator first establishing driver liability through
adequate notice. Since adequate notice was not provided, the
operator has failed to satisfy Paragraph 5, and therefore cannot
pursue the keeper under Schedule 4 regardless of Notice to
Keeper compliance.
>
> I request the operator provide:
>
> - Close-up photographs of all signage at the location on the
material date
> - Photographs showing sign visibility specifically from the
parking space in question
> - Evidence the entrance sign is visible when entering (not
just when stationary)
>
>
--- End Quote ---
#Post#: 94722--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: bigred247
Date: October 19, 2025, 12:41 pm
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Here are some images of the entrance
HTML https://i.postimg.cc/s2prStSP/Screenshot-2025-10-19-at-17-37-38.png
HTML https://i.postimg.cc/Y0LLzrx0/Whats-App-Image-2025-10-19-at-17-26-58-1.jpg
HTML https://i.postimg.cc/ZnvvxbLR/Whats-App-Image-2025-10-19-at-17-26-58-3.jpg
HTML https://i.postimg.cc/hvQQ1D0G/Whats-App-Image-2025-10-19-at-17-26-58-2.jpg
HTML https://i.postimg.cc/rmPt405x/Whats-App-Image-2025-10-19-at-17-26-58.jpg53
#Post#: 94735--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: b789
Date: October 19, 2025, 2:08 pm
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The entrance sign does not have to say what the terms and
conditions are, only that it has to inform that this is private
land and that there are Ts&Cs which the driver can then seek out
in the car park. However, any signs with the Ts&Cs must be
prominent and clear with any charge for breach of the Ts&Cs,
adequately brought to the notice of the driver. They don't have
to be readable from within the vehicle unless an occupant has a
blue badge and is parked in a disable users bay.
What about putting them to struct proof of a valid and
contemporaneous contract with the landowner that gives them
standing to operate and issue PCNs in their own name?
Is the car park for Asda customers only? Have you approached
Asda and asked them to get their agent to cancel the PCN?
#Post#: 94769--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: bigred247
Date: October 20, 2025, 4:52 am
---------------------------------------------------------
[member=26]b789[/member]
Thanks for the reply.
- I will update the draft with your point about a proof of a
valid contract with the landowner.
- According to the website,
HTML https://www.themercurymall.co.uk/parking
the car park can be
used by all, but Asda customers can spend £5 in store and obtain
a voucher for 2 hrs free parking.
HTML https://i.postimg.cc/Dw7NV7cf/Screenshot-2025-10-20-at-10-48-14.png
HTML https://i.postimg.cc/SxmP0mGz/Screenshot-2025-10-20-at-10-48-45.png
#Post#: 94778--------------------------------------------------
Re: Horizon - Failure to pay for full duration of stay
DIR By: bigred247
Date: October 20, 2025, 5:56 am
---------------------------------------------------------
[member=26]b789[/member],
I've updated my draft to include Ground 4 based on your point
about Proof of Valid Authority/Landowner. And made some
modifications based on some more research on the money saving
expert forum - Please let me know if these are rubbish/worth a
punt?
--- Quote ---
>
> As registered keeper, I challenge this PCN on the following
grounds:
>
> Ground 1: No Charges Displayed at Entrance
> Photographic evidence (Exhibits A-D) proves:
>
> - Entrance shows "ASDA Welcome" with no charges (Exhibit B)
> - Street sign shows ASDA branding, no tariff (Exhibit A)
> - Charges only visible inside car park after entry (Exhibits
C-D)
>
> This violates BPA Code Section 19.3 requiring signs to "take
into account the expected speed and direction of travel of
vehicles approaching the entrance." The operator actively
invited drivers to enter while concealing a complex charging
structure (different rates by duration, Saturday rates, Sunday
free, Asda discounts).
>
> Drivers cannot be expected to research website tariffs before
entering - adequate notice must be given at the site. By the
time charges are visible inside, the driver has already
committed to entering and would be in "breach" if attempting to
leave.
>
> No valid contract formed.
>
> Ground 2: Operator Cannot Prove Actual Notice
> Vine v Waltham Forest [2000] requires operators prove the
driver actually saw and understood terms. ParkingEye v Beavis
[2015] UKSC 67 upheld £85 only because of 20 large, prominent
noticeboards throughout the site with charges in "largest font
size."
>
> Mercury fails this standard:
>
> - no charges at entrance decision point;
> - signs inside car park too late.
>
> I require strict proof that:
>
> - Charges were visible at entrance before entry commitment
> - Signage met Beavis standard
> - Photographic evidence from entrance on 16th August 2025
>
>
> Ground 3: PoFA Schedule 4 Not Satisfied
> Protection of Freedoms Act 2012 Schedule 4 Paragraph 5
requires "the driver must have been given adequate notice of the
parking charges" - a mandatory condition. Paragraph 4(2): keeper
liability "applies only if conditions in paragraphs 5, 6, 11 and
12 are met."
>
> Exhibits A-D prove Paragraph 5 not satisfied. Former POPLA
Lead Adjudicator: "If not complied with then keeper liability
does not generally pass."
>
> The operator cannot pursue the keeper regardless of Notice to
Keeper compliance.
>
> Ground 4: No Proof of Valid Authority
> The operator must prove valid authority to issue PCNs. The
prominent ASDA branding creates ambiguity about landowner
identity.
>
> I require strict proof of:
>
> - Valid contract with landowner (Mercury Shopping Centre/Asda)
in force on 16th August 2025
> - Authorization to issue PCNs in Horizon Parking's own name
> - Confirmation of landowner identity
>
> Without proof of authority, the operator has no standing to
pursue this charge.
>
>
> Conclusion
> This PCN should be cancelled because:
>
> - No adequate notice - "ASDA Welcome" invitation concealed
charges until after entry
> - Operator cannot prove driver saw/understood terms
(Vine/Beavis standard not met)
> - PoFA Schedule 4 Paragraph 5 not satisfied - keeper liability
cannot exist
> - No proof of valid authority from landowner
>
> The photographic evidence proves drivers entering this car
park see only invitational ASDA-branded signage with no
indication of charges.
>
> I respectfully request this appeal be allowed.
>
--- End Quote ---
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