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Horizon Parking ANPR PCN - Aylesbury Leisure Complex - I dispute that we parked


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1 Date of the infringement 6/12/2017

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 12/12/2017

3 Date received 14/12/2017

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] no (at least not that I can see)

 

5 Is there any photographic evidence of the event? yes

 

6 Have you appealed? {y/n?] post up your appeal] yes - see below

Have you had a response? [Y/N?] post it up yes - see below

 

7 Who is the parking company? Horizon Parking

 

8. Where exactly [carpark name and town] Aylesbury Leisure Complex, Aylesbury

 

For either option, does it say which appeals body they operate under. - Yes, IAS (POPLA)

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 

Appeal email:

 

I’m really sorry that it appeared that we had parked at the Leisure Complex.

On the evening in question, my wife and I were taking our children to eat in Aylesbury (a town that we’re not familiar with).

 

 

Unfortunately, we got confused by the signs for Exchange Street Car Park and mistakenly pulled in to the small layby outside the Aylesbury Leisure Complex.

 

 

After pulling in we quickly realised our mistake,

but there was a delivery van in front of us that was pulled sufficiently far forwards as to be blocking our path,

and reversing back out onto the main road would have dangerous with the level of traffic (especially so close to the roundabout).

 

 

When we initially pulled in the driver was in the middle of the delivery.

Once the delivery was completed we waited for a while,

before I got out to ask the driver if he could move.

 

 

He was looking at something on his phone but apologised and then immediately drove off to allow us to exit.

 

I would greatly appreciate your understanding in our appeal of this PCN,

and hope that you are able to review the imagery from the cameras to confirm what I have described above.

 

Response:

Thank you for your correspondence regarding the above Parking Charge Notice.

 

I can confirm the Parking Charge Notice was issued correctly and legally in accordance with the British Parking Associations (BPA) Code of Conduct

 

Signage throughout the car park is compliant with the BPA rules and regulations.

The signage is quite clear in its intent and is located throughout the car park.

 

 

When parking on private land it is the driver’s responsibility to ensure they adhere to the terms of the conditions of the car park.

 

 

As vehicle XXXXXXX was found to be parked in a no parking area, a Parking Charge Notice was correctly issued

 

The land is private property and signage within the private car park clearly set out the rules and regulations of the car park.

When parking on private land,

a motorist freely enters into an agreement to abide by the conditions of parking in return for permission to park therefore if the driver fails to comply with the terms and conditions a Parking Charge Notice will be correctly issued.

 

In light of this, your representations have been carefully considered and rejected.

Edited by Andyorch
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You might want to edit that post to remove your registration number.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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your email we always be ignored and they will use the new information to harass you.

 

Now,

how long do they say you were parked for?

If less than 10 minutes they know that they havent followed the BPA CoP and are telling porkies.

 

Do not bother with further correspondence at this stage and BLOCK their email address as spam.

 

You have done every wrong thing it is about possible to do when dealing with these bandits

but no matter,

it wont make a difference in the long run

but you wont get a speedy resolution to this because they are greedy and less than honest people

and now believe that you are worried enough to submit to pressure to pay them if they apply enough.

 

Read a large number of thread about the rigmarole they put people through

and you will then expect more letters from them followed by letters from debt collection agencies

and finally threatograms from a disreputable firm of solicitors.

 

You can ignore everything up to the dodgy lawyer point and then let them know that you know their game and are calling their bluff.

 

By then you will be aware of what to say in response but we will help you

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Hi and welcome to CAG

 

Now that you sent the appeal, did Horizon issue you with a POPLA code?

 

As members of the BPA they MUST follow the guidelines attached to the membership.

 

We could do with seeing the letters sent to you but suitably redacted to remove all personal details, bar codes, reference numbers etc.

 

You will also need to go back and get pictures of the signage on site. This is due to the need to present a defence should Horizon decide to take court action. So far in 2017 they have issued over 70,000 tickets but only took court action in 35 of those so the odds of this going to court are slim but not impossible.

 

I would suggest that you carry on with the second part of the appeals process but stick to factual matters only. POPLA are not allowed to use mitigating factors so, you went into the site but could not progress further due to the blocking. You could not safely reverse away so you had to wait. If you were on site for less than 10 minutes then state this.

Once we can see the signage we may be able to assist better

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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