ANPR - Horizon Parking - Hotel Nelson Norwich

[candlestick]

Hi, I Got this from Horizon Parking.




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TTThis was my appeal to them

I am the registered keeper. I dispute your parking charge and I am not identifying the driver.

This PCN has been issued for the wrong area and your ANPR images do not prove where the vehicle was parked. The vehicle was parked in the Charles & Wensum House car park, which is clearly signed as permit holders only via the on-site directional signage. In that permit-holder area there are no Horizon contractual terms and no pay or registration instructions. The only sign present there is a legacy clamping warning, which is plainly not your ANPR pay/registration regime.

If the area is permit holders only, there is no contractual offer to non-permit holders and no driver could be contractually bound to pay a parking charge. At most, parking without a permit would be trespass, which only the landowner can pursue and only for nominal loss. You are not the landowner and there was no loss.

Cancel the charge, or provide the following strict proof so the keeper can understand your case.

1. A contemporaneous site plan and boundary map showing that Charles & Wensum House car park is within your enforcement area for this site.
2. A copy of the landowner contract confirming you are authorised to operate and enforce in that specific permit-holder area.
3. Photographs of the signage within Charles & Wensum House car park that you say created any obligation to pay or register, taken from the driver’s route and from the parked location.

If you reject, you must issue a POPLA code.

They rejected with 

Thank you for your recent correspondence concerning the above-referenced Parking Charge.
 
Review of your Appeal
 
The Parking Charge was issued lawfully and in full and proper accordance with the Private Parking Sector Single Code of Practice issued by the British Parking Association (the ‘BPA’).
 
There are signs located at the entrance to, and within the car park, that state the terms and conditions that apply when parking. 
 
As clearly stipulated on signage within the car park, payment or registration for parking must be made for the full duration of the vehicles stay.  Our systems do not show any evidence of payment or registration made against this vehicle on the incident date.
 
The signs throughout the car park are clear and comply fully with the BPA’s prescribed rules and regulations.  When parking on private land, it is the driver’s responsibility to ensure they adhere to the terms and conditions of the car park concerned.
 
As we have not been provided with the name and a serviceable address for the driver/hirer, under Schedule 4 of the Protection of Freedoms Act 2012, we do have the right, subject to meeting the requirements of the Act, to recover from the Registered Keeper the amount that remains outstanding. We have obtained the name and address of the registered keeper of the vehicle from the DVLA for the purposes of enforcing this charge.
 
Please note that your vehicle was found to be parked in the designated Premier Inn area of the car park instead of the permit parking area which is situated before our camera capture zone. 
 
If parking cannot be made without breaching the terms and conditions of the car park, alternative parking arrangements must be sought or motorists will be issued with a Parking Charge as per the car park terms stated on the signage on site.
 
Given the above, and whilst we have considered your representations carefully, on this occasion your appeal has been rejected.
 
 
The Charge Amount and Methods of Payment
 
In good faith, Horizon will hold the charge at the current amount of £60 for a further 14 days from the date of this correspondence to allow you further time to pay.
 
Payment of the outstanding charge can be made using our 24-hour payment line: 020 8106 0789 or online at Horizon Parking Portal 
 
Alternatively, payment can be made via cheque made payable to Horizon Parking Ltd and posted to Horizon Parking Ltd, Finitor House, 2 Hanbury Road, Chelmsford, Essex, CM1 3AE.
 
Additional Types of Appeal
 
If you have no evidence that you wish to submit to us, then you have now reached the end of our appeals procedure.  Although we have rejected your appeal, the Parking On Private Land Appeals (POPLA) provides an independent appeals service. To use this service, you must appeal to POPLA within 28 days of the date of this correspondence.
 
For full instructions on how to appeal to POPLA, please visit their website at www.popla.co.uk. If you would rather progress this matter by post, please contact our Appeals Office and we will send you the necessary paperwork.
 
Your POPLA reference number is XXXXXXXXXX
 
Please be advised that if you elect for independent arbitration of your case, you will be required to pay the charge at the full amount and, as such, will no longer qualify for payment at the reduced rate. Please also be advised that POPLA will not accept an appeal where payment is made against the Parking Charge in question.
 
We are required by law to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal; however, Horizon has not chosen to participate in their alternative dispute resolution service.  As such, should you wish to appeal, then you must do so to POPLA as explained above.
 
Yours sincerely,
 
Appeals Department
Horizon Parking Limited