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Found 17 results

  1. Horizon Parking issued a claim - my initial defence was that I had insufficient information from them to confirm or deny the claim and that I had sent them a Subject Access Request. Got a reminder from the court about a more detailed defence, so using the SAR, I completed and filed the following defence: DEFENCE OF CLAIM BY ORDER OF DISTRICT JUDGE xxx DATED 20 JUNE 2018 1. I have received a copy of the Subject Access Request from Horizon Parking Limited and the paperwork includes parking charge notices and reminders from Horizon Parking Limited. 2. I have not received any evidence of a contract between Horizon Parking Limited and the landowner that assigns the right to enter into contracts with the public and make claims in their own name. In the absence of such proof, I would contend that Horizon Parking Limited have no authority to issue parking charge notices. 3. I have not received any proof of planning permission granted for signage, etc under the Town and Country Planning Act 2007, which puts into question any authority Horizon Parking Limited may have to issue or attempt to enforce parking charge notices. 4. I have not received details of any damages and indemnity costs added to the claim, specifically, the date they were levied, the amount of the charges, a detailed financial breakdown of how the charges were calculated, and what the charges cover. This means that even if the Claimant could demonstrate their authority to issue a parking charge notice, the overall amounts being claimed would be in dispute. 5. The signage in the car park is vague – it states: “Parking limited to 2.5 hours” but there is no mention of any penalties for exceeding this time limit. 6. The signage states in small print at the bottom: “If the driver of the vehicle fails to adhere to the terms and conditions of parking, a parking charge notice will be issued.” There are no terms and conditions readily available despite my request from the Claimant. 7. I contend that until such time as the Claimant discloses material which unequivocally justifies an entitlement to the sum of money claimed, it is impossible for the Claimant to show and for the Court to determine that money is owed to the Claimant. I believe that the facts stated in this defence are true. I thought this would be sufficient, but have just received a general order of judgement saying my defence has been struck out because it doesn't adhere to CPR 16.5 I phoned the court and they couldn't advise, so I would like to know what options may be open to me: 1. Can I appeal? 2. Can I submit a revised defence 3. Can I negotiate a payment plan with Horizon to prevent judgement being entered? 4. Anything else?
  2. Hi all! I received a private parking ticket in a COOP car park from horizon on 26th March 2018. The car park is free to park for three hours and never been patrolled for the years I have lived in the area. My car had a mechanical issue and broke down on the morning of the 19th March, so I left it there for the day to organise AA to come and check it out to keep it off public roads. The repair was expensive and it was non-driveable so I had no choice but to leave it there until i could get the car repaired which was the 26th March. I returned to find a ticket that day for £70, £35 if paid within 14 days. Please note there is only one parking charge and it is only for the 26th March. I have not contacted them and recieved first communication today by post which is attached. Is there any sure-fire way around paying this fine? They have sent the NTK within the 29 - 56 day window that I saw from other threads. I would seriously appreciate advice or an e-mail draft to avoid the fine if possible as the mechanical failure was out of my control . I have the RAC report from the 19th March to show the fault codes and that it was dangerous to drive and didnt have the cash to pay for repair until 26th when the ticket was already issued. Please see attached NTK and RAC report. Thank you in advance lovely people!! PLease see attachments! Merge.pdf
  3. I'm tryin to help the mother in law with her debts. .today she received a letter from 'Mortimer Clarke Solicitors' advising they are working on behalf of 'Cabot' allthough i believe mortimer clarke are part of cabot? They are saying if she doesn't contact them within 30days they have been instructed to apply to the court for a ccj, The account was assigned to cabot in 12/2016 and started in 08/2013 its a catalogue debt. They enclose a questionaire type form with do i owe the debt ,i agree i owe the debt, i don't agree etc the form goes like that etc and a expenditure form they want her to tick the relevant box and sign it which i said no... .would it be right to contact them and ask for the signed contract if one exists. .statements...notice of assigment etc.... would this then seeing as contact has been made the ccj threat put on hold for now? She is on the basic benefit so got nothing ...the address is her friends house not her own address ...shes divorced but stays at her friends house and used that address but don't know how cabot have it.. ..obviously she doen't want a ccj going there so what's the best way to procede.
  4. Received a parking charge notice in the post due to my daughter over staying in Sainsbury's by 16 mins. she wasn't shopping in theory deserves what she gets however the car is registered to me and I think £70 reduced to £40 is excessive and I dislike immensely the tone of the letter. this is an ANPR ticket nothing left on car The first letter was undated though it states date of issue same date as offence. it shows a picture of arrival and departure this was received sometime between 28/07/17 and 5/7/17 today I have received a reminder notice for payment of £70 dated 24th August should I just continue to ignore or should I deal with it I have ignored them in the past but recognise that things have changed I find the amount excessive and the wording aggressive thanks in advance for advance and apology for asking on whats probably a very common topic
  5. Hi All, I visited Sainsbury's Taunton last week and on returning to my car found a Parking Charge Notice. I thought the car park had a 2 hour limit ( we were less than an hour) but on double checking the signs it states you must pay for parking and get a refund from Sainsbury's. For a windscreen ticket (Notice To Driver) please answer the following questions.... 1 The date of infringement? 11/09/2017 2 Have you yet appealed to the parking company yet? [No] if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload has there been a response? please post it up as well, suitably redacted. [as a PDF- follow the upload guide] If you haven't appealed yet - ,......... have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] what date is on it No Did the NTK provide photographic evidence? 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] 5 Who is the parking company? Horizon Parking 6. where exactly [Carpark name and town] did you park? Sainsburys Taunton I wonder if anyone can help? Thanks in advance. Dave
  6. this is my first visit and I can't seem to get into the appropriate forum? when I go the forum there is no link to allow me to post a new thread?
  7. Hi Folks, I'm hoping someone could give me some advice on this matter. Today I recevied a parking charge notice for parking in the Asda carpark in Falkirk. I remember the day I was in the car park, there is no barrier present upon entry and on entry I never saw a ticket machine, likewise on the exit, no barrier or ticket machine, so I assumed it was perfectly fine to leave. On the letter it states ''We have issued a parking charge notice (PCN) ..... to your vehicle because it was parked in a manner whereby the driver became liable for a parking charge'' it then next states that the terms and conditions are clearly set out on signs (which once again I genuinely can't recall seeing) and thusly I am now bound to these terms and conditions. Now I'm no dummy, these idiots say I've got 14 days to pay £40 before it shoots up to £70. But, they haven't stated why I am being fined and second of all, I haven't signed any documentation or verbally agreed to any contract so am I liable or this? Any fast help would be appreciated guys, Thanks, Kyle.
  8. Horizon are incoming at my flat. I have been informed that only one permit will be issued to my space. I give my space to a girl I know, while I'm at work for free. I'm not in it and it's never been an issue. I have phoned the management company who hgave informed me that the block management team have voted on this. ( We have a development residents association, which have voted this ) I'm not on it nor ever wish to be. I know that by parking my own car in the space, they would have to ticket me and go through the process of chasing me on multiple tickets. Ive never paid one before, thanks to this fine forum. I just cant deal with the grief of it all. It stresses me out and it's a lot of messing around for something I gain nothing from except a favour for a mate. It does make her life much easier and cheaper and I'd like to carry on. I own the flat. I have owned the flat for 12 years. I was there before the current management company and multiple parking companies. Is there a straight forward legal issue with someone telling me what I can do with something I own a lease on and will until I'm long dead? Apologies if this is in the wrong place.
  9. Hi everyone, I got a PCN from Horizon parking. I entered Iceland and I was in the car, out of nowhere the warden sneaked and took a picture. Now I got the reminder notice, I require some help how and on what grounds to appeal to Horizon. Thank you everyone.
  10. Hi, I received a letter from horizon parking about 4 months ago saying that I had overstayed in the car park by about 7/8 hours, I wrote to them to appeal saying that I had not stayed that long when I had actually gone in earlier in the morning then came back in the afternoon as well I don't think the camera caught me going out or back in only caught me coming in the morning and going out in the evening it looked like I had stayed for the full time there. They asked me for receipts to prove I had been in but who actually keeps receipts. I asked a friend what to do and ignored the reply and now I've received this letter from Debt Recovery Plus saying I need to pay them. What is the best option for me as I don't want to pay the fine as it's definitely not my fault. Will they take me to court?
  11. Help! My partner's received a notice through for overstaying the two hour parking period (by 33 mins,) which has recently changed from three hours (but has been signposted). We stopped for a brew first and then went clothes shopping - I do have a receipt for there for around £120 worth of clothes and we were genuinely in there so should we appeal? Info as follows: 1 Date of the infringement - 14th May 2 Date on the NTK - 18th May 3 Date received - not sure, we've just got back from Holiday and it was here when we arrived 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? - No 5 Is there any photographic evidence of the event? - Pics of car entering and leaving carpark 6 Have you appealed? - Not yet but plan to. Have you had a response? 7 Who is the parking company? Horizon Many thanks in advance for your help with this. Emma
  12. Hi all, Today I (along with many others by the look of it) received a "parking charge notice" (cleverly abbreviated to PCN) from a company called Horizon parking. There is no charge for parking in the car park and it is in a retail park. Notice alleges overstay of the 3 hour limit. Charge is £70 if paid within 28 days or £40 if paid within 14 days. What do I do with it? I'm aware that times have changed since the standard response of "give it a stiff ignoring" was the most suitable course of action. Can I have some advice please? Thanks in advance.
  13. I was wondering if anyone else has experienced this or any suggestions please. My employer is asking people to transfer to a building just 5 miles from my current location. It seems that where we are at present, the work is less now, so the management are using this to start potential transfers. It is of course okay for me to travel to the new work place but this is not the issue. There are two issues: 1/ My current role is admin but the new work is a Call Centre. 2/ I worked at the new building before when it was not a call centre but it was hell. There were people there who made my life hell and bullied me for two Years before I got a facilitated transfer to where I am at present ( on the grounds of caring for an elderly parent which still remains today ). These bully boys still work there and the thought of going back to that building fills me with dread. I have asked the union for help so I am waiting and think it may take time to get clarification. I feel compelled now to look for another job but I suspect they are hoping I will leave anyway. Do you think I may get payoff if I refuse to relocate on the grounds mentioned above or will they just say I was unreasonable and say I resigned. I just cannot afford to get ill again like last time. Many thanks. Hope you have a great day:jaw: Stella
  14. I recently received one of these annoying notices from Horizon Parking a t a Sainsbury's car park that I have used for the past 4-5 years without ever getting one even when leaving my car there for more than the free 60 minute period! Should I ignore the notice or pay it? It's £30, which will increase to £60 after 14 days. I've read on many forums that one should just ignore these. Is that right or has the law changed? Rgds radmm0
  15. academics at barts and London school of medicine have found that urine tests identify the presence of h.p.v were 87% accurate whilst not being as accurate as the smear test it could be improved. 1 in 5 women fail to turn up for smear test because of the intrusive nature of this test. good news for 1 in 5 of us. ABOUT TIME
  16. News release: 27 September 2012 Regulator moves to remind businesses of data responsibilities as more look to cloud computing to process personal information The Information Commissioner’s Office (ICO) has published guidelines to businesses today to underline that companies remain responsible for how personal data is looked after, even if they pass it to cloud network providers. More and more businesses are looking to use cloud computing, with the economies of scale they offer giving access to a range of computer technologies and expertise that would be difficult to afford in-house. But data protection regulator ICO is concerned that many businesses do not realise they remain responsible for how the data is looked after, even after passing it to the cloud network provider. That’s prompted the ICO to produce a guide to cloud computing, to help businesses comply with the law. The guide gives tips including: Seek assurances on how your data will be kept safe. How secure is the cloud network, and what systems are in place to stop someone hacking in or disrupting your access to the data? Think about the physical security of the cloud provider. Your data will be stored on a server in a data centre, which needs to have sufficient security in place. Have a written contract in place with the cloud provider. This is a legal requirement, and means the cloud provider will not be able to change the terms of the service without your agreement. Put a policy in place to make clear the expectations you have of the cloud provider. This is key where services are funded through adverts targeted at your customers: if they’re using personal data and you haven’t asked your customers’ permission, you’re breaking data protection law. Don’t forget that transferring data internationally brings a number of obligations – that includes using cloud storage based abroad. Speaking as the guide was launched, author Dr Simon Rice, ICO technology policy advisor, said: “The law on outsourcing data is very clear. As a business, you are responsible for keeping your data safe. You can outsource some of the processing of that data, as happens with cloud computing, but how that data is used and protected remains your responsibility. “It would be naïve for an organisation to take the attitude that these guidelines are too much effort to simply store some data in a different place. Where personal information is involved, the stakes are high and the ICO has already demonstrated it will act firmly against those who don’t meet data protection laws” The ICO recently issued a monetary penalty of £250,000 to Scottish Borders Council, after it failed to properly manage a company it had employed to digitise pension records. The council did not have a contract with the contractor, and hadn’t made the necessary security checks. Simon added: “Figures show that consumers are concerned about how secure their data is when they use cloud storage themselves. It takes little imagination to consider that businesses not reflecting those concerns will quickly find themselves losing customers’ good will.” A recent online YouGov survey commissioned by the ICO found that 46 per cent of UK adults online who use cloud storage are concerned about the security of their information in cloud storage. The survey also found that only 39 per cent of adults online realised that social media used cloud storage to store personal data, while 46 per cent did not realise that by hosting their information on cloud servers, their information could be being stored anywhere in the world. View the ICO's guidance on the use of cloud computing (pdf) Read our cloud computing advice for members fo the public Notes to Editors 1. The Information Commissioner’s Office upholds information rights in the public interest, promoting openness by public bodies and data privacy for individuals. 2. The ICO has specific responsibilities set out in the Data Protection Act 1998, the Freedom of Information Act 2000, Environmental Information Regulations 2004 and Privacy and Electronic Communications Regulations 2003. 3. Anyone who processes personal information must comply with eight principles of the Data Protection Act, which make sure that personal information is: Fairly and lawfully processed Processed for limited purposes Adequate, relevant and not excessive Accurate and up to date Not kept for longer than is necessary Processed in line with your rights Secure Not transferred to other countries without adequate protection 4. All figures, unless otherwise stated, are from YouGov Plc. Total sample size was 2155 adults. Fieldwork was undertaken between 6th - 9th September 2012. The survey was carried out online. The figures have been weighted and are representative of all UK adults (aged 18+). 5. The ICO is on Twitter, Facebook and LinkedIn, and produces a monthly e-newsletter. 6. For more information, please contact the ICO press office on 0303 123 9070. Link: http://www.ico.gov.uk/news/latest_news/2012/cloud-on-the-horizon-for-data-handling-outsourcing-27092012.aspx
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