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Horizon Parking, wrong amount on PCN also no grace period
memgrubb
post Mon, 7 Jan 2019 - 16:33
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Hi,
Also posted on MSE forums but no response as yet... just preparing my initial appeal

Windscreen PCN from Horizon Parking 2 days ago. Company/ lease vehicle with Lex Autolease.

Without going into the politics, the signage says a PCN of £85 will be issued for parking in an unauthorised area, the PCN the driver received is for £80.

Additionally the vehicle was only observed and then a PCN issued 7mins later in said unauthorised location.

I was thinking of appealing on day 25/26 as the hirer along the following lines using a lease / hire car template.

"The PCN has not been issued to the driver in accordance with the displayed terms and conditions, so is deemed invalid. Please either cancel the PCN or issue a POPLA code"


or would it be worth appealing along the lines of

"The vehicle was initially observed and a PCN issued 7 minutes later, which does not allow a sufficient grace period for the driver to park, find and read the terms and conditions of parking and return to the vehicle preventing them from entering into a contract with Horizon Parking. Please either cancel the PCN or issue a POPLA code."

Any advice appreciated.
Cheers.
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post Mon, 7 Jan 2019 - 16:33
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cabbyman
post Tue, 15 Jan 2019 - 18:58
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They give you a postal option.

Personally, I would send it first class post with a certificate of posting from the Post Office Counter. It is deemed delivered in two working days unless the contrary can be shown. Unlike others, I'm not happy about sending crucial communications electronically because, as far as I am aware, there is, as yet, no statute or case law that clarifies when or if it has been delivered.


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Cabbyman 11 PPCs 0
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nosferatu1001
post Wed, 16 Jan 2019 - 08:49
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Given the appeals process has no statutory element thats not a surprise
Howveer if they provide an appeals system, and a "button" to send it to them, yet claim it was not sent, then they would struggle in court.
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cabbyman
post Wed, 16 Jan 2019 - 09:43
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QUOTE (nosferatu1001 @ Wed, 16 Jan 2019 - 08:49) *
Given the appeals process has no statutory element thats not a surprise


Statutory or case law, generally.

'First class post deemed delivered in two days' didn't come about as a result of the private parking industry.


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Cabbyman 11 PPCs 0
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memgrubb
post Sat, 2 Feb 2019 - 09:51
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I have appealed as hirer/lessee as it gave that option on the appeals form and wanted to be as accurate as possible, I have received the following response

QUOTE
Thank you for your correspondence.

Unfortunately, we are only able to accept correspondence from the driver/registered keeper on the date of the incident or written authorisation detailing permission for you to appeal on their behalf.

The Parking Charge Notice will remain outstanding until this correspondence is received.


Surely it is up to them to get the neccessary permission as under POFA the liability for the PCN is with myself as the hirer/lessee?

Cheers.
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ostell
post Sat, 2 Feb 2019 - 10:15
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Ignore and see where they go. They have realised they are on a hiding to nothing and are hoping that you will give them what they need to take it further.

The liability is with the driver and they have to issue a Notice to Keeper, and get it right, to be able to hold the keeper liable. They have also to contact the DVLA and if they did that they will discover they are not talking to the registered keeper.

This post has been edited by ostell: Sat, 2 Feb 2019 - 10:21
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nosferatu1001
post Mon, 4 Feb 2019 - 08:09
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The liability, IF HTEY GET POFA RIGHT, is with you as Hirer
They have NOT gotten POFA right, spo the liabilty is ONLY ith the driver.
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