HI everyone,

[Morph2023!]

Hi all,
i have been looking at the forum for some time now and it really does contain some great info.
I now unfortunately find myself in a position where i need some help if at all possible.
the basic problem is that i have a letter before claim from a solicitor on behalf of horizon parking.

I have been trying to contact Horizon with regards to this parking charge for almost a year without success.
the first i knew of the original pcn was when i received a letter from debt recovery plus saying it had increased to £100.
i called them immediately and asked for horizons contact details and explained the situation but was told tough luck they had no contact details and i must pay up.
since then I have had numerous calls ,emails etc. from D.R.P. and have told them on each occasion that I did not receive the P.C.N. and requested Horizons contact details. I also got them to send me recordings of the calls. I have today returned from a holiday to find a letter before claim from Gladstones solicitors dated 08/04/2026 and stating that I must now pay £170. or respond by today . or they will start legal proceedings that will cost £255. + interest. i explained to D.R.P right at the start of this nightmare that I had no problem paying the original £40.00 ticket as 1 of our company employees obviously forgot to pay when parking but since it was never received I couldn't. Can any one give me some advice please on how to proceed or do i have to swallow the £170 charge.

many thanks

[des8]

Typical approach by Gladstones who try and scare their victims and put pressure on.

Just write to Gladstones, tell them you have no idea of what they are claiming as you have never received a Notice to Keeper.
Remind them the overriding objective in CPR 1 requires of litigants that use of the court system is the last resort, hence prospective parties are expected to resolve any dispute between themselves in the first instance.
To enable you to consider your position you require copies of all documentation they intend to rely on if they initiate a court claim.
Add that if they fail to comply, but still proceed to initiate a court claim you will bring this letter to the court's attention.

It might at least get us something to work on!

You could just pay their demands, but as a matter of principle I wouldn't.
I'm assuming the letter is addressed to your company, so the most they could claim is the original £100 plus £50 solicitors fee and £35 court costs .... and there is every chance they would discontinue any claim they make.

[Morph2023!]

Thanks for the reply DES8,
I have replied to Gladstones today exactly as you suggested and will update with their response as soon as i receive it.
Thank You.

[Morph2023!]

Hi Everyone,
I have finally received a reply from Gladstone solicitors about the P.C.N ..
They sent me a copy for the original p.c.n. And anther one which is the same but states charge is now £100.
Also attached to email are 25 random pictures of the car park showing an arial map of the car park and signage etc.
Not sure if it makes a difference but all pictures are dated July 2022.
they say this the evidence pack and now I must pay £170..00 or legal proceedings will start without further notice.
Should i just pay up and accept it, or can I still challenge and pay the original penalty since we had never received it.

[des8]

It is quite possible that you won't have to pay a penny.

Could you post up a copy of the original PCN (first remove name. address and reference numbers, but leave in all dates and times) and a copy of the sign.?
Was the vehicle registered in the company name?

[Morph2023!]

Hi DEs8,
have just uploaded pcn and sign pics.
Yes vehicle registered to company.
really appreciate your help.
cheers

[des8]

You suggested (post 4) that the original PCN was less than £100. (you mention £40 in post 1, but the parking sign states £70.)
Could you please post up a copy of that PCN (both sides, not just the front) suitably redacted but leave in the location.
The front page doesn't comply with the conditions mandated in the legislation, but page 2 might have more wording we can check

It would also be useful if we could have a legible copy of the small print on the signs

As any claim must be against the company as the keeper (companies don't drive!) they can only claim the amount of the original charge
Gladstones issue these claims on a conveyor belt system, so if you allow them to continue they will probably initiate the claim for £170 plus solicitors costs£50 and court costs £35 .
This could, if you get the right judge, persuade the court to strike out the whole claim.

[Morph2023!]

Good evenening,
I have uploaded what i hope are better images of pcn and signage.
unfortunately all images supplied by Gladstone are very blurry when it comes to the small print.
I have however visited the car park and taken a couple of pics that i hope are better. Some signs seem to say £70 whilst other appear t have a small stickers placed on on them saying £100.
I dont know why I thought the original penalty was £40. As soon as i looked at the copy provided by gladstones I can see it says £60 if paid in 14 days.
signage pics will not upload so i will try them from work pc in the morning.
sorry for the delay.
thank you for all your help

[Morph2023!]

Hi all,
hopefully these pics are readable.
having trouble resizing images.
if no good I will type out wording from signage

[des8]

Could you put them on a hosting site and post a link here

[Morph2023!]

Hi DES8,
I'm not sure how to do that that so will get my daughter to it for me tonight.
Meanwhile I have typed up the wording from the bottom of the sign and copied here.
will still get pics posted asap though.
Thanks for your help.

Horizon Parking Ltd. are members of the British Parking Association and strictly adhere to the BPA's code of practice for parking on private land and unregulated car parks.
Details of the BPA's code of practice can be found at www.britishparking.co.uk contract law applies. If the driver of the vehicle fails to adhere to the terms and conditions of parking a parking charge will be issued. If paid within the first 14 days a discounted rate will apply.
Where reasonable cause exists, vehicle keeper details may be requested from the DVLA for the purpose of recovering the parking charge.
Additional charges may be incurred if further action needs to be taken after 28 days in respect of an unpaid parking charge notice.

For more information including details about your rights as a data subject and who we may share your data with, please see our privacy notice displayed in the car park or view our privacy policy at https:/ www.horizonparking.co.uk/privacy-policy or listen toto it and or make enquiries by telephone on 01245 392 289. Alternatively ,you can email us at dp@horizonparking.co.uk or write to us at the address below.

Horizon Parking Ltd.do not accept any responsibility for the loss or damage to vehicles on this property

[Morph2023!]

https://ibb.co/HDMJT5Yd
Hi all,
really hoping this link will work ok.
many thanks

[des8]

So you could write to Gladstones pointing out

1) as the identity of the driver is unknown the parking company can only pursue your company as the registered keeper, but to transfer any unpaid charges from the driver to the keeper the NTK has to comply with the conditions mandated in PoFA 2012.(the Act)
2) the NTK fails to comply with the mandated conditions as set out in Schedule 4 of the Act ,for example at, but not limited to, section 9 (2) (b).

Following the failure of the claimant as shown above the claimant cannot transfer the liability for any unpaid charges from the driver to the registered keeper so you have no intention of paying this alleged charge.
You do not anticipate hearing further from them, except to confirm there will be no further action and they are filing their papers


There are other problems for them, but no need to forewarn them.
I don't expect them to give up yet.