PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Horizon Parking - parked outside of store opening hours
Sparxy
post Sat, 1 Aug 2020 - 12:00
Post #1


Member


Group: Members
Posts: 675
Joined: 14 Dec 2009
From: Midlands
Member No.: 34,394



Hi guys,

I have received a lovely letter from Horizon Parking ANPR stating that my car had been parked at Wilko Stourbridge, and had not paid for the full duration of stay. The times it was parked were outside of the store opening hours (50 minutes, 21:38-22:28)

The notice is really similar to one posted here in April, where I believe their letter still has the flaw where it fails to include the required information prescribed by Schedule 4, section 9 (2) (3), and therefore is not PoFA compliant? The last sentence of the 4th Paragraph mentions giving driver details though?

Thanks,

Attached Image

Attached Image
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 6)
Advertisement
post Sat, 1 Aug 2020 - 12:00
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Jlc
post Sat, 1 Aug 2020 - 12:11
Post #2


Member


Group: Members
Posts: 33,889
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



QUOTE (Sparxy @ Sat, 1 Aug 2020 - 13:00) *
...therefore is not PoFA compliant?

Correct.


Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
Sparxy
post Sat, 1 Aug 2020 - 12:36
Post #3


Member


Group: Members
Posts: 675
Joined: 14 Dec 2009
From: Midlands
Member No.: 34,394



QUOTE (Jlc @ Sat, 1 Aug 2020 - 13:11) *
QUOTE (Sparxy @ Sat, 1 Aug 2020 - 13:00) *
...therefore is not PoFA compliant?

Correct.


Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc



Should I send this through as an appeal on their website, or just as a normal email?

Cheers
Go to the top of the page
 
+Quote Post
ostell
post Sat, 1 Aug 2020 - 14:05
Post #4


Member


Group: Members
Posts: 13,254
Joined: 8 Mar 2013
Member No.: 60,457



Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You have also not given the notice of keeper liability in the format prescribed by 9 (2) (f) of the Act

You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


Added text in red

If on their website make a copy of all the pages you go through
Preferred is first class mail with a free certificate of posting from any post office
email then blind copy yourself so that you can say it was sent.

This post has been edited by ostell: Sat, 1 Aug 2020 - 14:06
Go to the top of the page
 
+Quote Post
Sparxy
post Sun, 2 Aug 2020 - 02:26
Post #5


Member


Group: Members
Posts: 675
Joined: 14 Dec 2009
From: Midlands
Member No.: 34,394



QUOTE (ostell @ Sat, 1 Aug 2020 - 15:05) *
Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You have also not given the notice of keeper liability in the format prescribed by 9 (2) (f) of the Act

You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


Added text in red

If on their website make a copy of all the pages you go through
Preferred is first class mail with a free certificate of posting from any post office
email then blind copy yourself so that you can say it was sent.


I emailed them (with an auto-responder, so it has the original email identifier in that response), and also put it through as an "appeal" with a print out of the appeal form, and have an auto response from that too. So there is proof i've sent it!

I will get pictures soon enough of the car park, as if it's anything like Aldi was, the signage will be shocking at night...

This post has been edited by Sparxy: Sun, 2 Aug 2020 - 02:27
Go to the top of the page
 
+Quote Post
Sparxy
post Mon, 3 Aug 2020 - 17:49
Post #6


Member


Group: Members
Posts: 675
Joined: 14 Dec 2009
From: Midlands
Member No.: 34,394



Sorted - email from them confirming cancellation.

This is pretty much a slam dunk win for all Horizon notices that follow this template - surely they've caught on (or just manage off those that don't question it...).
Go to the top of the page
 
+Quote Post
Jlc
post Mon, 3 Aug 2020 - 18:19
Post #7


Member


Group: Members
Posts: 33,889
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



They've only had 8 years to get it right. PoFA is extremely complex to comply with. Not. laugh.gif


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Saturday, 8th August 2020 - 23:27
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.