Horizon parking invoice Tesco Hexham ***Cancelled by Horizon***

[Bazooka Boo]

Combined.pdf1 Date of the infringement  18th Jan 2023

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 23rd Jan 2023

 

3 Date received 26th Jan 2023
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No
 

5 Is there any photographic evidence of the event? Yes
 

6 Have you appealed? [Y/N?] post up your appeal] Nah, not yet...
 

7 Who is the parking company? Horizon Parking

 

8. Where exactly [carpark name and town] Tesco Hexham Extra
 

For either option, does it say which appeals body they operate under.

BPA
 

A couple of issues, well arguments.

 

I do have a BB for starters, just failed to put it in the windscreen, when I remembered that I had failed to put it in, I went back and placed it in the windscreen, that's surely one line of defence?

 

Secondly, it seems they don't know who they are going to punish, the driver or the keeper? They clearly state in the final para that ''if after 28 daysthey have not received full payment they have the right (yawnnnn) to recover the parking charge from the 'driver''?

 

But they don't know who the driver is hence the NTK being sent......

 

My wife thinks I do this on purpose just so it gives me something to do.......of course I do.

 

Edited January 27, 2023 by Bazooka Boo
Pers info removed

[FTMDave]

You're going to think I'm off my trolley, but I suggest you appeal.

 

If you read this short thread all will become clear.

 

Obviously don't let on about the driver, just say one of the people in the car is a BB holder -

 

 

[lookinforinfo]

The main appeal should be that the PVN is not compliant with PoFA. As you stated they did not say that the keeper was liable if the driver didn't pay. Also there is no parking period mentioned just the incident time. The times on the photographs are the entering and leaving times which included driving from the entrance to the parking spot and driving from the parking spot to the exit. So those times included driving periods and PoFA asks for the Parking Period.

 

You do not say you were not the driver, you say that you are not prepared to name the driver and as the PVN is not compliant for the reasons above you are asking for the PCN to be cancelled. Especially as there was a blue badge in the car a sit belonged  one of the occupants .

[Bazooka Boo]

Dear Horizon Parking.

 

RE: Parking charge notice xxxxxx

 

I wish to appeal this invoice, whilst it was issued for ''Parking in a disabled bay without clearly displaying a valid disabled badge''.

The parking charge notice is not compliant with the Protection of Freedoms Act, as you fail to say that the keeper will be liable if the driver does not pay.

 

One of the occupants had a blue badge in the vehicle at the time of parking, I will draw your attention to the following;

 

The government Code of Practice, set up under the Parking (Code of Practice) Act 2019, states in section F.3 Appeals:

 

"In considering appeals parking operators must recognise the following as mitigating circumstances warranting cancellation of a parking charge, subject to evidence being provided:

 

e) where a Blue Badge has not been displayed but the holder of the Blue Badge supplies a copy of the Blue Badge they hold that would have been valid at the time and in the circumstances identified in the notice of parking charge i.e. that the holder was in the vehicle whether or not as the driver)"

 

I would therefore request that you cancel this invoice.

 

I look forward to your timely response.

 

Regards.

 

 

 

[Ethel Street]

Change "I wish to appeal this invoice," to "I ask for this invoice to be cancelled,".  Cancelled not appealed or they'll give you the run around by telling you to make an appeal to the BPA.

[Nicky Boy]

I hate the term "appeal".

To me it seems to lend the whole "invoice" situation some sort of legitimacy.

 

You don't appeal against an unwarranted invoice, you reject it.

[lookinforinfo]

You would more than double your chances if you also included that the PCN is not PoFA  compliant. They are writing to the keeper so explain that you will not be informing them who was driving and the keeper is not liable so please cancel the PCN

 

[FTMDave]

Obviously I agree with all your sentiments and normally would never use the word "appeal".

 

But the government CoP does talk about "considering appeals" so I think the word has to be used.

 

Remember the whole point is to tie the fleecers up in knots as, when they reject the appeal - and they will -. they will have defied all the best practice that the government insists on.  Which wouldn't look good in front of a judge.  The OP gets the last laugh!

 

 

[Bazooka Boo]

Dear Horizon Parking,

 

Ref PCN xyz.

 

I will bring to your attention that this invoice is not compliant with the Protection of Freedoms Act, as you fail to state that the keeper will be liable if the driver does not pay. In fact you fail to mention the Protection of Freedoms Act anywhere in your invoice.

 

 

I will also draw your attention to the following;

The government Code of Practice, set up under the Parking (Code of Practice) Act 2019, states in section F.3 Appeals:

 

"In considering appeals parking operators must recognise the following as mitigating circumstances warranting cancellation of a parking charge, subject to evidence being provided:

 

e) where a Blue Badge has not been displayed but the holder of the Blue Badge supplies a copy of the Blue Badge they hold that would have been valid at the time and in the circumstances identified in the notice of parking charge i.e. that the holder was in the vehicle whether or not as the driver)"

 

One of the occupants of the vehicle was in possession of a blue badge when the vehicle was photographed.

 

I would therefore request that you cancel this invoice, and I look forward to your timely response.

 

Regards.

 

 

Any better? I mean, they've very graciously given me 28 days to pay......!

 

 

 

 

 

 

[lookinforinfo]

You could add that you have no intention of revealing who was driving nor is there a legal requirement for you  to do it. So as the registered keeper I suggest there is no further reason for Horizon to pursue me.

Just to make your position.clear

[FTMDave]

Looks good to me.  You have to include a photocopy of the BB though.

[Bazooka Boo]

Dear Horizon Parking,

 

Ref PCN xyz.

 

I will bring to your attention that this invoice is not compliant with the Protection of Freedoms Act, as you fail to state that the keeper will be liable if the driver does not pay. In fact you fail to mention the Protection of Freedoms Act anywhere in your invoice.

 

 

I will also draw your attention to the following;

The government Code of Practice, set up under the Parking (Code of Practice) Act 2019, states in section F.3 Appeals:

 

"In considering appeals parking operators must recognise the following as mitigating circumstances warranting cancellation of a parking charge, subject to evidence being provided:

 

e) where a Blue Badge has not been displayed but the holder of the Blue Badge supplies a copy of the Blue Badge they hold that would have been valid at the time and in the circumstances identified in the notice of parking charge i.e. that the holder was in the vehicle whether or not as the driver)"

 

One of the occupants of the vehicle was in possession of a blue badge when the vehicle was photographed. A copy of which has been enclosed.

 

I have no intention of informing you of the driver, nor is there any legal requirement for me to do so.

So as the registered keeper there is no reason to pursue me and I would suggest that you cancel this invoice.

 

I look forward to your timely response.

 

Regards.

 

I think this will be the final draft...

[FTMDave]

[Bazooka Boo]

Letter sent, and emailed a copy too. 

[Bazooka Boo]

And here is their reply......

 

Didn't put up much of a fight, never mind.

 

 

Horizon Cancelled.pdf

[lookinforinfo]

That is good news.  They could have tried pushing it since the Blue badge wasn't displayed and the new Code has been withdrawn.  

[FTMDave]

Well done on your victory! 

 

I only suggested to appeal to embarrass the fleecers and to tie them up in knots.  I never thought they would actually accept it!

 

I think this is the first time I have seen a PPC accept an appeal.

[Nicky Boy]

Yes, I think I've been transported to an alternate universe....