Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: OopsForgotMyBadge on June 07, 2024, 03:52:18 pm

Title: Re: PCN from Group Nexus
Post by: Colin_S on June 21, 2024, 02:35:19 pm
Personally, I'd use a shorter version that has succeeded many many times:

Quote
This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus trick of asking for driver details in order to get around the fact your NtK does not comply with PoFA. As there is no keeper liability, therefore, liability cannot flow from the driver to the keeper and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.

The choice is yours. Please remember, under no circumstances do you reveal the identity of the driver otherwise this "Golden Ticket" is flushed down the loo.

Copied and pasted for my appeal and for exactly the same location  :)
Hopefully not breaking the once case per thread rule lol
Title: Re: PCN from Group Nexus
Post by: b789 on June 07, 2024, 07:06:45 pm
If it does go to POPLA, be comforted in the knowledge that it will have cost GN £35 for the POPLA fee which they pay if they don't withdraw before the assessment.
Title: Re: PCN from Group Nexus
Post by: DWMB2 on June 07, 2024, 07:04:57 pm
They both serve the same purpose. Let us know how you get on.

GN seem to go through phases of cancelling at the first appeal, or dragging folks to POPLA.
Title: Re: PCN from Group Nexus
Post by: OopsForgotMyBadge on June 07, 2024, 06:57:25 pm
Thank you for the responses. I hadn't expected it to be so cut and dry, I will go ahead with the shorter message.
Title: Re: PCN from Group Nexus
Post by: b789 on June 07, 2024, 06:34:54 pm
Personally, I'd use a shorter version that has succeeded many many times:

Quote
This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus trick of asking for driver details in order to get around the fact your NtK does not comply with PoFA. As there is no keeper liability, therefore, liability cannot flow from the driver to the keeper and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.

The choice is yours. Please remember, under no circumstances do you reveal the identity of the driver otherwise this "Golden Ticket" is flushed down the loo.
Title: Re: PCN from Group Nexus
Post by: DWMB2 on June 07, 2024, 06:06:15 pm
You're in luck - they're not seeking to hold you liable as the keeper, using the provisions of the Protection of Freedoms Act. Therefore only the driver is liable, and they don't know who that is.

You could appeal along the lines of the following, if you are the registered keeper of the vehicle (if you aren't, tell us):

Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a compliant Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,


If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, you're appealing as the keeper, and keep a close eye on your spam folder for their response. If they do not respond within 35 days, chase them.
Title: Re: PCN from Group Nexus
Post by: OopsForgotMyBadge on June 07, 2024, 05:16:17 pm
Please give us a bit more information. This thread tells you what we need to see and how to show it:

READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)

Hi, thanks for the information. I've updated the post with I believe all of the relevant information.
Title: Re: PCN from Group Nexus
Post by: b789 on June 07, 2024, 04:01:09 pm
Please give us a bit more information. This thread tells you what we need to see and how to show it:

READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
Title: PCN from Group Nexus
Post by: OopsForgotMyBadge on June 07, 2024, 03:52:18 pm
Hi,

Location:
Tower Retail Park in Crayford: Google Maps Link (https://www.google.com/maps/@51.4507598,0.1803008,3a,75y,246.17h,43.08t/data=!3m7!1e1!3m5!1siwCzpunNTtdlAnHjRloAlQ!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fpanoid%3DiwCzpunNTtdlAnHjRloAlQ%26cb_client%3Dmaps_sv.share%26w%3D900%26h%3D600%26yaw%3D246.16717078249664%26pitch%3D46.92192884739144%26thumbfov%3D90!7i13312!8i6656?coh=205410&entry=ttu) (I believe this to be the space driver parked in as the other disabled spaces in the car park have blue paint in the space.)

Pictures of PCN:
https://imgur.com/a/SCY95zF

Driver parked in a disabled access bay with a passenger who holds a blue badge (wheelchair user). Driver forgot to display blue badge after parking up and assembling the wheelchair and I received a PCN through the post 3 weeks later from GroupNexus.

What are the chances that I (the registered owner) can appeal this? Can I send a picture of the blue badge and explain the circumstances? How likely is an appeal of this nature to be accepted?


Thanks!