Anybody had any luck with POPLA?
Discussion
Just going through the POPLA process for a speculative Horizon Parking invoice.
Shows the car going into the car park the first time, and leaving the second giving a 14 minute overstay. Conveniently the ones in between are ignored and there are no photos showing the car parked at all. Letter also arrived after 16 days yet they say they posted after 10 as we refuse to accept keeper transfer and refuse to name the driver. Car park terms don't prevent re entry at any point.
Have filled out the forms but it's very hard to prove a negative. Bits in the small supermarket were bought with cash, we don't have tracking on the phone enabled and a letter arriving late is common as we only get post twice a week and the doorbell footage is now too old to retrieve.
Sniffs of a kangaroo court, anybody know how litigious Horizon are if push comes to shove?
Shows the car going into the car park the first time, and leaving the second giving a 14 minute overstay. Conveniently the ones in between are ignored and there are no photos showing the car parked at all. Letter also arrived after 16 days yet they say they posted after 10 as we refuse to accept keeper transfer and refuse to name the driver. Car park terms don't prevent re entry at any point.
Have filled out the forms but it's very hard to prove a negative. Bits in the small supermarket were bought with cash, we don't have tracking on the phone enabled and a letter arriving late is common as we only get post twice a week and the doorbell footage is now too old to retrieve.
Sniffs of a kangaroo court, anybody know how litigious Horizon are if push comes to shove?
No, nothing to report yet. Submitted an appeal yesterday for my son who parked in a supermarket car park, on a Sunday, when the store was closed. His car was there for 24 minutes but on a Sunday it only allows 20. We tried to challenge and dispute it but they came back and said no, and point five of the reasons why 'confirms' his car was there for 90 minutes.
If the initial letter arrived after 14 days, then can't pursue the RK (and the RK doesn't have to name the driver). You should appeal as the RK to Horizon, say that their notice is not compliant with POFA as after 14 days and to issue a POPLA code. That does not mean to say that Horizon will not give up and still send begging letters inviting you to give them free money.
On the whole POPLA are OK with RK/nonPOFAcompliant scenarios, but I have heard of one or two POPLA adjudicators getting out of bed the wrong side and incorrectly denying an appeal.
On the whole POPLA are OK with RK/nonPOFAcompliant scenarios, but I have heard of one or two POPLA adjudicators getting out of bed the wrong side and incorrectly denying an appeal.
kiethton said:
Just going through the POPLA process for a speculative Horizon Parking invoice.
Shows the car going into the car park the first time, and leaving the second giving a 14 minute overstay. Conveniently the ones in between are ignored and there are no photos showing the car parked at all. Letter also arrived after 16 days yet they say they posted after 10 as we refuse to accept keeper transfer and refuse to name the driver. Car park terms don't prevent re entry at any point.
Have filled out the forms but it's very hard to prove a negative. Bits in the small supermarket were bought with cash, we don't have tracking on the phone enabled and a letter arriving late is common as we only get post twice a week and the doorbell footage is now too old to retrieve.
Sniffs of a kangaroo court, anybody know how litigious Horizon are if push comes to shove?
From what I've seen Shows the car going into the car park the first time, and leaving the second giving a 14 minute overstay. Conveniently the ones in between are ignored and there are no photos showing the car parked at all. Letter also arrived after 16 days yet they say they posted after 10 as we refuse to accept keeper transfer and refuse to name the driver. Car park terms don't prevent re entry at any point.
Have filled out the forms but it's very hard to prove a negative. Bits in the small supermarket were bought with cash, we don't have tracking on the phone enabled and a letter arriving late is common as we only get post twice a week and the doorbell footage is now too old to retrieve.
Sniffs of a kangaroo court, anybody know how litigious Horizon are if push comes to shove?
TX.
Saving the ring footage would have been great but didn't think to do so at the time (was in hospital getting over a pulmonary embolism, with my wife going in 2 days later to have a new baby).
Right now we're at:
1) Me saying it's come late and not naming the driver, then saying it was sent 10 days after the fact - neither can prove delivery.
2) Them sending pictures showing the car entering and then exiting 74 minutes later on an ANPR camera, me saying that they have no evidence of the car being parked and that it's picked up the first entry and second exit (there are no no-return stipulations).
3) Me saying that as the driver never parked the signs (A4 sized) were not visible/could not be read to form a contract
Again, all of these aspects can't be proven either way.
My other long shot is that it turns out a friend works at a shop at the location, going to see him when on shift tomorrow to see if he can cancel it from their side.
Right now we're at:
1) Me saying it's come late and not naming the driver, then saying it was sent 10 days after the fact - neither can prove delivery.
2) Them sending pictures showing the car entering and then exiting 74 minutes later on an ANPR camera, me saying that they have no evidence of the car being parked and that it's picked up the first entry and second exit (there are no no-return stipulations).
3) Me saying that as the driver never parked the signs (A4 sized) were not visible/could not be read to form a contract
Again, all of these aspects can't be proven either way.
My other long shot is that it turns out a friend works at a shop at the location, going to see him when on shift tomorrow to see if he can cancel it from their side.
yes, I have been successful with POPLA recently. If you're actually right and not just thinking you are then it should work. As mentioned above, the parking companies will pretend your logical arguments and evidence have no value and insist that you pay them so that should not be any indication of whether or not you have a valid point.
kiethton said:
Right now we're at:
1) Me saying it's come late and not naming the driver, then saying it was sent 10 days after the fact - neither can prove delivery.
The law presumes a postal notice is deemed delivered 2 business days after posting (unless proven otherwise). Saturdays and Sundays are excluded 1) Me saying it's come late and not naming the driver, then saying it was sent 10 days after the fact - neither can prove delivery.
The delivery deadline for a NtK is 14 days beginning with the day after that on which the specified period of parking ended. Those days are calendar days including weekends.
Royal Mail has severely downgraded delivery frequency of 2nd class mail. This is now an alternating weekday schedule (Monday, Wednesday, and Friday one week; Tuesday and Thursday the next week. none on Saturdays) rather than every day.
This obviously creates a lacuna with deemed service which is likely to be problematic. Where I live 2nd class mail can now take up to a week to arrive.
Ultima Chat | Speed, Plod & the Law | Top of Page | What's New | My Stuff