GroupNexus - Moto Winchester South - Overstay

I received an NtK from Europcar (which they received from GroupNexus), then an NtH from GroupNexus.

Based on similar recent topics involving GroupNexus (Purley Way Retail Park, Moto Wetherby, Northampton Central Gym Group), I've created this initial appeal:

I appeal as the addressee of your Notice to Hirer dated 23 July 2026. I make no admission as to the identity of the driver.

The Notice to Hirer was not accompanied by the documents required under paragraphs 13(2) and 14(2)(a) of Schedule 4 to the Protection of Freedoms Act 2012: the vehicle-hire firm’s statement, the hire agreement, the hirer’s signed statement of liability and the Notice to Keeper.

You have therefore failed to satisfy the statutory conditions required to transfer liability to a hirer. Any liability allegedly incurred by the unidentified driver has not been transferred to me and cannot be recovered from me under Schedule 4. Please cancel the parking charge.

My current and only address for correspondence and service is:

[REDACTED]
Portland, OR 97229
United States

The former UK address is no longer valid for correspondence or service. This notice happened to be forwarded to me, but future correspondence may not be. Please update your records and use only the address above.

I've deliberately omitted a point of appeal under 14(5)(e) as I can see that this was rejected by POPLA in the aforementioned topics. I don't want to give GroupNexus an easy path to rebuttal given the more decisive appeal point under 13(2) and 14(2)(a). I can always add it later in an appeal to POPLA or court.

Thoughts?

Yes, sounds like a good plan.

If you post up the NtH we can offer further advice / appeal points.

GroupNexus NtKs / NtHs are normally non-compliant in terms of POFA.

They're at the links in my OP. ☺️

Sorry - must have missed the link of first read!

So I would make the initial appeal to GroupNexus / CP Plus Ltd on the basis of what you have said, namely; that the other documents were not served with the NtH.

In my opinion the NtH has a number of other failing;

1. The NtH fails to reference the original NtK as required by 14(5)(b)

2. The NtH fails to identify the creditor as required by 14(5)(e) - CP Plus and GroupNexus are now separate legal entities with different company numbers etc so it is unclear who the creditor is.

Appeal accepted. Received this email on 24 Aug:

Dear Sir/Madam,
Thank you for your correspondence relating to your Parking Charge: 00419261920006.
Further to your representations, we have investigated your claims and can confirm that your Charge has subsequently been cancelled in full and no further action will be taken.
Please disregard any letters received that predate this email.
Yours faithfully,
CP Plus Limited

Thanks, InterCity125 for your assistance. The only change I made to my appeal in my OP based on your advice (and the help of ChatGPT) was to add this:

In addition, the Notice to Hirer does not refer me to the information contained in the Notice to Keeper, as separately required by paragraph 14(5)(b).