Parking Charge Notices FAQs
We are proud of our reputation in the parking industry and look to ensure that we treat everyone fairly and reasonably. To help assist you with any queries that you may have regarding Parking Charge Notices we have provided answers to some of the frequently asked questions below.
Simply click on the green box to see the answer! If you can’t find the answer here then please contact us and we will be happy to help.
Horizon Parking have contractual authority to issue and enforce Parking Charge Notices when a vehicle is found to have breached the terms and conditions of a privately owned car park that we manage on behalf of our client.
We refer to the recent case of ‘Vehicle Control Services v Carly Mackie in the Dundee Sheriffs Court 13th January 2017 Court Reference A7/15’. The defendant had received multiple Parking Charge Notices however these were ignored as the defendant believed the Parking Charge Notices were not valid in Scotland.
The Dundee Sheriffs Court (equivalent of an English County Court) found the Defendant to be in breach of contract and liable for the agreed sum of £24,500.
Sheriff George Alexander Way ruled that “The defender refused to pay the parking charges not because she was unaware of the parking scheme or the terms of the notices or the financial consequences of parking at any time, but because she did not believe that the charges were valid in law. The parking charges flow from a valid contract between the pursuers and the defender and she is liable for them.”
Please read in full here.
The question of fairness in respect to the cost of a PCN or parking ticket has been the subject of extensive legal debate and action. In November 2015 the highest court in the UK, the Supreme Court agreed with the lower courts, the County Court and Appeal Court in finding that a PCN charge in line with the BPA (British Parking Association) guidelines was not unfair or disproportionate. Horizon Parking’s PCN charges are all below the BPA’s recommended guidelines. If you wish to read the full judgement of the Supreme Court please click HERE.
Please note an appeal based on a belief that the PCN charge is unfair or unreasonable will in itself be rejected.
Horizon Parking provides a space management service on behalf of our clients to ensure that parking spaces are always available for genuine users of the car park. This is done by providing enforcement of the car park terms and conditions of parking which are stipulated on the signage within the car park.
Horizon Parking are members of the British Parking Association Approved Operator Scheme. All Parking Charge Notices are issued in accordance with the British Parking Association Code of Practice. Additionally, Horizon Parking strives to provide great customer service whilst ensuring you are treated fairly and reasonably. All appeals are dealt with on an individual basis and all circumstances taken into account.
Your vehicle was found to be in breach of the terms and conditions of the car park, which are clearly set out on the signage displayed within the car park.
The car parks in which we operate are private property, therefore contract law applies. The terms and conditions of the car park are clearly displayed on signage within 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. Horizon Parking has written Authority to manage and enforce the conditions of parking by the landowner for all of our car parks.
The terms and conditions of parking are clearly set out on the signage displayed within the car park.
If you were not driving the vehicle at the time in which the Parking Charge Notice was issued you should provide us with the details of the driver of the vehicle by writing to us.
If you would like to contest the Parking Charge Notice you can do so in writing or via email to the addresses below. All correspondence must include the Parking Charge Notice reference number, your vehicle registration mark, your name, address and the name of the driver (if different) and any supporting evidence. All appeals should be marked for the attention of our Appeals Department. Upon receipt of your appeal the Parking Charge Notice will be placed on hold for the duration of the appeals procedure. Please allow up to 35 days for your appeal to be processed.
Write to: Horizon Parking Ltd, Finitor House, 2 Hanbury Road, Chelmsford, Essex CM1 3AE.
Due to legal procedures we are unable to make appeal adjudications over the phone. All enquiries must be forwarded in writing. We are however happy to answer any questions that you have regarding the appeal process.
We will notify you of the outcome of your appeal in writing within 35 days of from the date of your appeal.
If your appeal is rejected by the us you may appeal to an independent appeals service known as Parking on Private Land Appeals (POPLA). Assessors at POPLA will determine your appeal and inform you of the outcome. Please note that this service is not available in Scotland or Northern Ireland.
The independent appeals service considers aspects of law. It will determine whether the driver has complied with the terms and conditions of the contract or committed trespass and if so, whether enforcement action is fair and reasonable and if the driver is liable for payment of any charges as a result.
If you choose to appeal to POPLA you will no longer qualify for the prompt payment discount rate. If POPLA reject your appeal you will be liable for the higher Parking Charge Notice amount. If your appeal is unsuccessful you should pay the Parking Charge Notice within 14 days to avoid any additional charges.
The Parking Charge Notice should be paid within 28 days from the date of issue however a prompt payment discount rate is available if paid within 14 days of the date of issue.
If you fail to pay the Parking Charge Notice within 28 days from the date of issue this may result in your case being transferred to a Debt Recovery Agent, which may incur additional administrative charges or court costs. The collection procedure will be processed in line with the Administration of Justice Act 1970.
You can pay the parking charge notice online or through our 24 hour telephone payment line or alternatively by completing the payment slip on the parking charge notice and sending a cheque to the address below. Please address all payments to our Payments Department Write to:
Horizon Parking, Waterhouse Business Centre, 2 Cromar Way, Chelmsford, CM1 2QE
Tel: 0845 643 5304
When parking on private land Blue Badge concessions may not apply. We generally look to provide free unrestricted parking for Blue Badge holders, however, there may be instances where this is not always possible. You should always check the terms and conditions of parking, which are set out on signage within the car park.
We are a member of the British Parking Associations Approved Operators Scheme (AOS) and we strictly adhere to the Code of Practice for Parking Enforcement on Private Land and Unregulated Car Parks.
Regulation 27 of the Road Vehicles (Registration and Licensing) Regulations 2002 requires the DVLA to release information from its vehicle register to anybody who demonstrates ‘reasonable cause’ to have information made available to them. Unauthorised parking on private land is designated as ‘reasonable cause’.
The personal data collected and released by the DVLA is only retained for its intended use, which is for the enforcement of the parking restrictions. Your information may be disclosed to or requested from the DVLA. Records are made available to the DVLA thus ensuring the DVLA is satisfied that all data is expedited in the manner agreed and to ensure security of storage and access to comply with the Data Protection Act 1998