Horizon parking charge

[stephec]

Tonight I take a trip to the little Tesco up the road, about 200m before it my front wheel goes bang into the biggest pothole I've ever banged into.

I park up at Tesco and do my shopping, then come out to find a flat tyre.

At 17:55 I phone the AA who first say they'll be there at 20:20, then ten minutes later I get a text saying 18:55.

At 20:00 it changes to 21:20,and finally the van turns up at 22:15.

Whilst I'm waiting I notice a sign from Horizon Parking stating a maximum stay of thirty minutes with a £70 charge for overstaying.

If I get the letter I'll appeal it, just wondering if anyone's been in this situation, and how did it go for you?

 

[Gwylan]

Tonight I take a trip to the little Tesco up the road, about 200m before it my front wheel goes bang into the biggest pothole I've ever banged into.

I park up at Tesco and do my shopping, then come out to find a flat tyre.

At 17:55 I phone the AA who first say they'll be there at 20:20, then ten minutes later I get a text saying 18:55.

At 20:00 it changes to 21:20,and finally the van turns up at 22:15.

Whilst I'm waiting I notice a sign from Horizon Parking stating a maximum stay of thirty minutes with a £70 charge for overstaying.

If I get the letter I'll appeal it, just wondering if anyone's been in this situation, and how did it go for you?

Yes, and not well. Very similar situation.
Argued for over 12 months, even took advice and caved in and paid.
You could try appealing to their better nature, but don't get your hopes up

 

[97_CAH]

Unfortunately, I do some work for one of these parking companies (not by choice!) and have learnt how they operate.

Its pretty pointless arguing it, They will argue that private land is private land, parked up is parked up and that you agreed to the terms of parking on the private land when you parked up. Theyll also argue that you hitting a pothole and having to wait there for the AA is not their problem.

If I remember correctly with Horizon itll be £100 charge reduced to £60 if you pay within 14 days.

 

[dicko]

Have you not a spare wheel? I have helped countless people change a tyre (I did live at a village garage for four years) for free it only takes ten minutes. My Mrs is an expert too, first thing I taught her when we met.
Seriously though you are going to be charged and you will have to pay, you should have purchased a parking ticket when the AA called first time, sorry.

 

[Emanresu]

Tonight I take a trip to the little Tesco up the road, about 200m before it my front wheel goes bang into the biggest pothole I've ever banged into.

I park up at Tesco and do my shopping, then come out to find a flat tyre.

At 17:55 I phone the AA who first say they'll be there at 20:20, then ten minutes later I get a text saying 18:55.

At 20:00 it changes to 21:20,and finally the van turns up at 22:15.

Whilst I'm waiting I notice a sign from Horizon Parking stating a maximum stay of thirty minutes with a £70 charge for overstaying.

If I get the letter I'll appeal it, just wondering if anyone's been in this situation, and how did it go for you?

What did the sign say about issues beyond your control? Get a pic of all the signs in the car park as that is the 'contract'. For example in Council car parks (different legislation) there is usually a line that says 'phone this number'. So check for such a term.

Alternatively there are two sites that help people with these. See the links

https://forums.moneysavingexpert.com/categories/parking-tickets-fines-parking

and

https://www.ftla.uk/index.php?action=todayspost

 

[Drago]

I wouldn't even mention the pothole. Id just say you came out and found a flat tyre, and from that moment onwards you were involuntarily immobilised, not parked.

Im a sod and if they didn't play ball id appeal to the ombudsman. If that didnt work I'd let it go to court- I cant see any district judge not siding with you over what was a case of force majeure.

The only one I ever had went to court, and on the day of court I told their legal rep what my argument would be. He had jobs by the bushel and wouldn't have had time to go through them all in detail before the day. Having told him my position he came back 10 minutes later and told me he was dropping it. I didn't get compo or costs, but I didn't get stiffed with a ccj either.

 

[stephec]

Have you not a spare wheel? I have helped countless people change a tyre (I did live at a village garage for four years) for free it only takes ten minutes. My Mrs is an expert too, first thing I taught her when we met.
Seriously though you are going to be charged and you will have to pay, you should have purchased a parking ticket when the AA called first time, sorry.

No spare tyre, just a repair kit.

There's no parking tickets as its free for thirty minutes.

 

[Emanresu]

To save you trying to get a pic of the signs (which would help) I've had a quick look at images of Horizon's terms. It shows that the company follows the British Parking Association Code of Practice (see link). You need to appeal by referring to paragraph F.1 (c) which says

Parking charges must not be pursued in relation to vehicles where evidence is provided that they are identified as:

c) a breakdown assistance or recovery vehicle in use for recovery of a vehicle on the premises that has broken down and cannot safely be driven out without repair;

If they fail to cancel, then you complain to the BPA for a breach of the code as breaching the code can result in the parking company being sanctioned. They most likely will cancel if you show you know their Code.

https://www.britishparking.co.uk/wr...ectorsingleCodeofPracticeVersion1.1130225.pdf

 

[glasgowcyclist]

To save you trying to get a pic of the signs (which would help) I've had a quick look at images of Horizon's terms. It shows that the company follows the British Parking Association Code of Practice (see link). You need to appeal by referring to paragraph F.1 (c) which says



If they fail to cancel, then you complain to the BPA for a breach of the code as breaching the code can result in the parking company being sanctioned. They most likely will cancel if you show you know their Code.

https://www.britishparking.co.uk/write/Documents/AOS/Sector Code Templates/sectorsingleCodeofPracticeVersion1.1130225.pdf

The paragraph you cite only applies to exempt classes of vehicles listed in that section, i.e. police, fire, ambulance, doctor etc and breakdown assistance or a recovery vehicle being used to recover a vehicle. The exemption does not extend to the vehicle being recovered.

For that circumstance, you need to go further down, to paragraph F3 which allows for a reduction of the charge to £20 for a period of 14 days.

F.3. Appeals where the charge should be reduced to £20 for a period of 14 days

”In considering appeals, parking operators must recognise the below case types as mitigating circumstances warranting a reduction in the amount of the parking charge to £20 for 14 days, subject to appropriate evidence being provided.

[…]

c) where the vehicle has broken down…”

It would appear that his best outcome will still cost him £20, assuming they accept that a vehicle with a flat tyre is classed as ‘broken down’ (which I’d say it is).

 

[PeteXXX]

In hindsight, you should have probably driven, gently to avoid damaging the rim, out of the car park onto the roadway. The tyre was likely mullahed anyway so any extra damage wouldn't be an issue.

 

[stephec]

You'll be doing the southern route.

To save you trying to get a pic of the signs (which would help) I've had a quick look at images of Horizon's terms. It shows that the company follows the British Parking Association Code of Practice (see link). You need to appeal by referring to paragraph F.1 (c) which says



If they fail to cancel, then you complain to the BPA for a breach of the code as breaching the code can result in the parking company being sanctioned. They most likely will cancel if you show you know their Code.

https://www.britishparking.co.uk/write/Documents/AOS/Sector Code Templates/sectorsingleCodeofPracticeVersion1.1130225.pdf

The paragraph you cite only applies to exempt classes of vehicles listed in that section, i.e. police, fire, ambulance, doctor etc and breakdown assistance or a recovery vehicle being used to recover a vehicle. The exemption does not extend to the vehicle being recovered.

For that circumstance, you need to go further down, to paragraph F3 which allows for a reduction of the charge to £20 for a period of 14 days.

F.3. Appeals where the charge should be reduced to £20 for a period of 14 days

”In considering appeals, parking operators must recognise the below case types as mitigating circumstances warranting a reduction in the amount of the parking charge to £20 for 14 days, subject to appropriate evidence being provided.

[…]

c) where the vehicle has broken down…”

It would appear that his best outcome will still cost him £20, assuming they accept that a vehicle with a flat tyre is classed as ‘broken down’ (which I’d say it is).

Thanks guys, I'd like to go all the way to court if needed but as Drago said he didn't get costs back, and I'd probably have to take a day off work, £20 is probably the cheapest option.

Although on the MSE forum there's a screen shot of Horizon's website appeals page, and one option in a drop down box is breakdown, so I might still have a slight chance.

 

[CXRAndy]

front wheel goes bang into the biggest pothole I've ever banged into.

Son just done this, brand new tyre, less than 50 miles on it.

Space saver fitted whilst he takes it back to tyre centre for checking

 

[Drago]

I didnt have any costs, apart from postage stamp and my time at 50 sovs and hour.

 

[roubaixtuesday]

Have you not a spare wheel?

Most cats come without a spare these days

 

[Drago]

Most cats come without a spare these days

Indeed. They tend to come with a space safer spare leg.