Why is Horizon Parking doing this?

[Lantern23]

Hello everyone!

Just wondering if I could have some advice on how to deal with this situation?

I have recently received a letter from Horizon PCN Ref XXXXX for a vehicle

They say that I owe £80 for a PCN issued on the 12/12/20 for Unauthorised Parking. This is the first time we have a letter from them so they raised to 80 Pounds.

They say that the PCN was given on the same day of the contravention but no ticket / letter was received beforehand. I spoke to the driver and he said he used the car, as he normally does, during the morning to do his delivery job and when returning to the car that was parked in an area that is closed and for contractors, he found a guy with an Horizon Jacket who said he couldn't park there, he says he contested saying back that he was also a contractor working for McDonalds doing delivery and the horizon guy said that better to use the disable bays if he was going to be quick and that he was not going to give him a ticket at that time. We have checked his delivery app and found that the date matches but he lied about the ticket.

To summarise: He parked in an area that is closed but does not interfere with traffic, He was not issued a ticket because he was "forgiven", We have only received a letter now demanding £80 payment to the owner of the vehicle.

What should I do in this case?

Thank you in advance.

[ostell]

So edit so that the identity of the driver cannot be inferred, So you are the keeper? And a relative was the driver at the time?

Post up a copy of the PCN, suitably redacted, but leave dates

[Lantern23]

Hope it helps. Thank you very much again. Yes I am the keeper and my relative was the driver. For some reason I cannot edit the previous post

[Amethyst]

Edited xx

[ostell]

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 8 (2) (e) of the Act nor the statement of keeper liability prescribed by 8 (2) (f) of the same 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

First class post with a free certificate of posting from a post office.

When they reject you should have a good chance with the POPLA appeal

[Lantern23]

Thank you very much for your reply Ostell.

So you reckon they will reply back saying that they deny or reject my request and that's when I should be appealing to Popla, right?

[ostell]

They are supposed to give you a POPLA reference number when they reject

[Lantern23]

They are supposed to give you a POPLA reference number when they reject

Hello Ostell,

I have received a letter today with a final reminder, increasing now from £80 to £90. They did not provide me with a reject letter, just seems to be another template:

"Dear Mr xxx

We recently issued Parking Charge Notice PCN XXXXX as this vehicle has beached the terms and conditions of parking at xxxx, xxx car park which Horizon Parking (The Creditor) were authorised to manage on xxxs. The reason we issued the PCN to the vehicle is as follows: Unauthorised Parking.

The Registered Keeper details of the vehicle have been requested from the DVLA, through the Reasonable Cause criteria of pursuing an outstanding Parking Charge Notice.

This PCN was issued on xxxx and a prompt payment discounted amount of £48.00 was available if paid within 14 days of issue. A reminder notice was sent to you on xxx January 2021 and the full PCN Value of £80 became payable however to date, full payment has not been received. As previously advised, the fee of £10.00 has now been applied, and the balance of £90 is now outstanding. To avoid this being passed to our legal department for further action we now request that the outstanding amount is paid within 14 days of the date of this letter using one of the payment methods described overleaf. If full payment is not made within the specified timeframe, your case will be passed to our Debt Recovery Agent which may escalate to court proceedings which will incur further costs and will be added to the amount owed."

They didnt' reject, they just ignored and sent the final reminder out. I have a certificate of posting that I sent the letter out first class from mine local post office at the beginning of February.

Any idea of how should I proceed from here? Thank you very much.

[ostell]

So you write back and ask them for the POPLA code so that they can pay to get your appeal upheld

[Lantern23]

So you write back and ask them for the POPLA code so that they can pay to get your appeal upheld

Thank you for your reply.

Do I need to do it within a specific timeframe?

If I write back do I need to say they ignored my previous letter (is there any template for that?)

What if they just simply ignore again?

Cheers

[ostell]

If they ignore again then complain to the BPA

[Lantern23]

If they ignore again then complain to the BPA

I've read about the nasty practices that the BPA and Steve C do the motorists and how they are aligned with all of these cowboys even under the knowledge that they are ghost ticketing but they fail to address it because they are both getting a mutual benefit.

To be absolutely fair, i feel hopeless.

[Lantern23]

Thank you for your reply.

Do I need to do it within a specific timeframe?

If I write back do I need to say they ignored my previous letter (is there any template for that?)

What if they just simply ignore again?

Cheers

Hello Ostell,

Just wanted to say thank you.

I just got a letter saying they have cancelled the PCN but also saying they can keep a record of the correspondence, appeal and images for the next 2 years according to DVLA and BPA.

I haven't personally read the privacy section and see if I can also ask them to remove that? But personally I feel very happy especially with the support you have provided me with.

Kindest Regards

[ostell]

So you could respond to them saying that the BPA have no legal backing, only advisory, the only legal requirements are those of GDPR and keeping personal records when there is no need is not permitted. The DVLA are not an authority on data protection

Glad it was cancelled. Save the paperwork for 6 years