Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: bingo on August 06, 2024, 08:18:35 pm

Title: Re: Group Nexus – Parked in a disabled bay – New Square, West Brom Retail Park
Post by: DWMB2 on September 16, 2024, 10:24:58 am
As usual, Group Nexus give in when they realise they've got no chance. Good result and thanks for the update!
Title: Re: Group Nexus – Parked in a disabled bay – New Square, West Brom Retail Park
Post by: bingo on September 16, 2024, 09:52:57 am
Hi,

Just a quick update, I received the following response to both of my appeals a few weeks ago...


Dear [BINGO],

Re: Parking Charge Notice Number CPxxxxxxxx (Vehicle: xxxxxxx)

Site: New Square, West Brom Retail Park

Issue date: 31/07/2024



Thank you for your correspondence relating to your Parking Charge

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 relate to this Parking Charge, that predate this correspondence.

Yours faithfully,

CP Plus Ltd.


That's officially case closed, thanks for the help, very much appreciated.

Bingo
Title: Re: Group Nexus – Parked in a disabled bay – New Square, West Brom Retail Park
Post by: bingo on August 07, 2024, 09:05:02 pm
Thank you both for the advice.  I've gone with the first example and have appealed each charge separately.

You mention that I should chase them up if I don't get a response - the info on the back of the PCN states they aim to get back within 10 working days or no more than 35 days (I'm assuming this is calendar days).

Do I chase after 10 working days or leave it the full 35 days before getting back onto them?

Any particular wording I should use in my chaser email (if I have to end up sending one)?

Thanks again,

Bingo.
Title: Re: Group Nexus – Parked in a disabled bay – New Square, West Brom Retail Park
Post by: b789 on August 07, 2024, 12:16:46 am
Or the even simpler appeal:

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.
Title: Re: Group Nexus – Parked in a disabled bay – New Square, West Brom Retail Park
Post by: DWMB2 on August 06, 2024, 09:07:08 pm
As you correctly observe, they are making no attempt to hold you liable as the registered keeper, and as such, I'd recommend a simple appeal along the lines of the below:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver is liable for 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 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 - please do not write to me asking me to name the driver. I am 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,

You must appeal each charge separately, so 2 appeals. If they do not respond, chase them. I wouldn't raise any of the other issues you mentioned at this stage, as it potentially over-complicates a simple matter, and I don't think your signage point (about it not being clear it's a disabled bay) would be particularly convincing based on the photos you've showed us.
Title: Group Nexus – Parked in a disabled bay – New Square, West Brom Retail Park
Post by: bingo on August 06, 2024, 08:18:35 pm
Hello,

Hope you’re all well.

To get straight to it, my situation is as follows.

The driver parked in what they thought was a parent & child bay on two separate occasions (roughly two weeks apart). I, the registered keeper, have received two PCNs in the post, as some bays in this particular area of the car park have been converted to disabled spaces, which the driver was not aware of at the time.

Based on what I know / can recall I have outlined the following points I think may be relevant based on details within the PCNs and images taken since:

Signage is poor / unclear particularly on the bays themselves which still display both parent & child and disabled images – the row where the driver was parked used to be all parent & child spaces, some have been changed to disabled spaces and there isn’t any clear signage that signifies where the parent & child spaces end and the disabled spaces start.

The signage only refers to two terms and conditions, which are:
- to pay for parking using the terminals; and
- to park within a marked bay.

In respect of disabled parking, the signage only states that blue badge holders are entitled to a period of 4 hours free parking when parked in a designated bay using a voucher code (obtained by presenting their badge to customer services) – nothing regarding displaying the badge in the vehicle is mentioned.

The dates of the incidents were 12th June and 28th June, the ‘date of notice’ on the PCNs are 15th July and 16th July respectively, they both arrived in the post on 23rd July.

The PCN doesn’t appear to be holding me liable as the keeper of the vehicle.

I’ve attached photos to support the above and would be very appreciative of any advice on how to proceed.

Thanks and kind regards,

Bingo (Registered Keeper).

https://www.flickr.com/photos/201252558@N08 (https://www.flickr.com/photos/201252558@N08)