Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: fightinjustice on June 05, 2025, 06:17:15 pm
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I heard back from GroupNexus confirming they have received the payment and no further action will be taken. It's annoying I caved in but the cost of preparing an appeal was IMHO far more than the £20 they asked for.
I would like to thank @b789 & @DWMB2 for their invaluable support and advice - they have certainly earned a lot of good karma!
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Brilliant. In that case, I definitely am as the appeal rejection was sent by email on 27 June and states I have 28 days, i.e. 25 July.
I've enclosed the letter I received which appears to be the same as the NtK. It beggars belief that they expect admin charges for payments by cheque as well!
Thanks again!
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You actually have 33 days from the date of the appeal rejection as they allow 5 days for service of the code. However, if they have started issuing debt recovery letters with the added fake £70, then it is usually too late to appeal.
So, are you still within the 33 days from the date of the initial appeal rejection?
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Thank you @b789
An appeal to POPLA must be made within 28 days of the date of this letter.
Their original appeal rejection on 27 June stated the above which means I have until Friday 25 July to appeal to POPLA? I only mention this because you had said it would cost them and in case there's a chance it is thrown out at this stage!
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If they are now sending useless debt recovery letters, it is too late to appeal. Come back when you receive a Letter of Claim (LoC).
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Come back when you receive the appeal rejection and we will provide an IAS appeal, which will also be rejected, but will cost them, and then we can advise on how you proceed after that.
Since a charge has now been issued increasing the amount to £170, should I proceed with the IAS appeal please? Should this include just the POFA point or justification why the signs are designed not be seen by drivers?
Thanks very much.
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Hello Experts. just wondering if you have any thoughts/suggestions on how I should proceed please? Thanks in advance!
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Sorry @DWMB2 I should have mentioned that it hasn't gone through my account yet. I do have a certificate of posting and a photo of the envelope with the barcoded stamp on so I did my bit!
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Have they deposited the cheque?
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Hello Experts,
I finally caved in and sent the payment as a nuisance payment via cheque (and have proof of postage) - I wasn't prepared to pay additional ripoff charges to use their online payment (which contravenes the laws on charging customers for card usage?).
Thought the matter was closed but have now received a new charge for £170 with a statement that it is too late to appeal and asking for payment in 7 days!
I was thinking of sending them the following reply:
I am shocked to receive your charge notice. In spite of the fact that I have never accepted the egregious charge as moral or legal, I decided to make the payment of £20 via cheque as a nuisance payment as per your last email. This was sent to you on 9 July so well before the payment due date.
Please be advised that I will not be bullied into making undue, extortionate and unfair demands.
Yours faithfully
I would be grateful for your input and suggested further action. Since they extended the internal appeal date by 2 weeks, doesn't that extend the POPLA appeal date as well? Or should I just wait for the summons?
Thanks in advance
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Many thanks for your prompt response @DWMB2
Out of interest, what would you do if they reject that offer?
I'm not sure - might end up being a coin toss. To illustrate my connundrum, I discussed it with 2 friends in the pub and one said just get rid of it at the reduced rate to save time and the other (who has ignored an unfair charge which is now in the small claims court) said I should refuse to pay the unfair charge and no one is going to take me to court over £20!
Thank you for your suggestion which I will incorporate in my reply. Should I also mention that I was not even in the country so obviously not the driver?
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Out of interest, what would you do if they reject that offer?
The likely conclusions to this are either that you fight it all the way, or you part with £20. If you are sending any correspondence seeking to negotiate, I'd leave out the line about your age and stress, that will be music to their ears.
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Thank you @b789 - considerable food for thought.
I wouldn't want to trouble you and the other kind experts who have helped for an effort that is greater than a charge to make it go away. I agree with you that the charge is unfair so I should fight it.
I thought I'd go halfway and drafted the following reply to try and get them to see sense (please don't laugh!). May I trouble you for your opinion please?
Dear Sir/Madam,
I acknowledge receipt of your correspondence.
I would point out that you have not considered the following points:
Your statement that "Clear signs at the entrance of this site and throughout inform drivers that the maximum stay at this site is 3 hours..." is not correct as
There are no signs where the vehicle was parked (or within 8 parking spaces) nor at the entrance to the store visited.
The sign at the entrance to the site is easily obsured by vehicles leaving the site
The print on the signs that do exist is so small that it is difficult to read without a zoom lens which makes it doubly difficult for elderly visitors
it is unreasonable to expect any customer of a store spending several hundred Pounds would willfully ignore such signs.
The helpline number 02074314001 is unmanned therefore causing more stress and anxiety
Therefore the charge is clearly unfair and unreasonable and I believe any court in England would agree with me.
Nevertheless, without any admission of liability or prejudice to my rights, I would consider making a payment of £10 purely as a nuisance payment in light of my age and difficulty/stress in dealing with the matter.
Thanks in advance!
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The decision has to be yours. The "effort" of fighting it, I find, tends to be mine and other advisors on the forum rather than yours.
If you are asking what would I do in similar circumstances, then that is a different matter and personally, I would always fight these charges. However, it is not my money that I am risking here if you decide at some stage that the pressure is too much and you want to just pay to make it all go away.
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Thanks @b789. As you are way more experienced in this than I am, do you think it would be worth the effort of fighting it?
When their email says it is their final stance on the matter, would it be worth pointing out the flaws in their signage as well as payment systems?
Thanks again.
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So, are you telling us that they have rejected the appeal and offered you the choice of paying £20 to be done with it or you can appeal to POPLA?
If so, you have to decide whether to fight it or pay it.
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Hello again,
I have now received the following reply:
Dear Sir/Madam,
Thank you for your correspondence relating to your Parking Charge.
The Charge was issued and the signage is displayed in compliance with The Private Parking Sector Single Code of Practice and all relevant laws and regulations. Clear signs at the entrance of this site and throughout inform drivers that the maximum stay at this site is 3 hours between 8:00-22:00 with the option to extend with payment up to 5 hours. Please note that payment for parking is required outside of these times, and it is not possible to access any part of the premises without passing multiple signs. In light of this, on this occasion, your representations have been carefully considered and rejected.
In accordance with Annex F of the Single Code of Practice, which states that “parking operators must recognise…mitigating circumstances warranting a reduction in the amount of the parking charge…where the vehicle would have been permitted…but the driver failed to enter their registration into a terminal/device”, on this occasion only we will accept the reduced amount of £20 in full settlement of this Charge to cover our costs in correctly issuing this Charge and we will hold the charge at this rate for 14 days from the date of this correspondence. If no payment is received within this period, and no further appeal to POPLA is made, the Charge will escalate and further costs may be added.
Please ensure that you comply with the Terms and Conditions on future visits to the site.
Please find below the payment options:
Online: www.groupnexus.co.uk/pcn
By Telephone: Credit/Debit cards via our automated payment line: 0844 371 8784
By Post: Cheques or Postal Orders to: PO Box 1750, Northampton, NN1 9PN
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You have now reached the end of our internal appeals procedure. This correspondence represents our final stance on the matter and we will therefore not enter into any further correspondence.
CORRESPONDENCE RECEIVED FOLLOWING THE REJECTION OF AN APPEAL WILL NOT CHANGE THE OUTCOME OR EXTEND THE DATE IN WHICH PAYMENT SHOULD BE MADE.
Although we have now rejected your appeal, you may still have recourse to appeal to Parking On Private Land Appeals (POPLA), an independent appeals service. An appeal to POPLA must be made within 28 days of the date of this letter. POPLA will only consider cases on the grounds that the Parking Charge exceeded the appropriate amount, that the vehicle was not improperly parked or had been stolen, or that you were otherwise not liable for the Parking Charge. To appeal to POPLA, please go to their website http://www.popla.co.uk and follow the instructions. If you would rather deal with this matter by post, please contact our Appeals Office and we will send you the necessary paperwork.
Your POPLA reference number is (please note this reference is for use only when appealing to POPLA): xxxxxxxxxxx
Please note that if your appeal does not relate to the above criteria or is rejected by POPLA for any reason, you will no longer qualify for payment at the reduced rate. POPLA will not consider any cases where payment has been made. You must pay the charge or appeal to POPLA, you cannot do both.
By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.
Yours faithfully,
CP Plus Ltd
They have not referred to the driver (I wonder why)!
They have brought up a new point not mentioned in their original reply about the signage being correct. However, the driver informs me (and the dash cam shows) that it is definitely possible "to access any part of the premises without passing multiple signs" which is why the driver had no idea about the 3 hour limit. Further, the writing on the signs are so small, the driver could not read them without the help of a camera!
I would be most interested in your thoughts please. Many thanks in advance.
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they're definitely not your chums.
Indeed ;D !
Many thanks for your reply @b789, I'll make the modifications and send.
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Dear Sir/Madam,
I acknowledge receipt of your email of
As previously stated, there will be no admission as to who was driving and no inference or assumptions can be drawn.
However, as requested, I have enclosed evidence of custom.
I look forward to receiving your confirmation of cancellation of the charge
Regards
You don't respond to formal letters with "Regards"... they're definitely not your chums. Here is a slightly edited version that clarifies that the evidence of 'custom' does not infer that the Keeper was the driver:
Dear Sir/Madam,
I acknowledge receipt of your correspondence.
As previously stated, there will be no admission as to the identity of the driver, and no assumptions or inferences should be drawn.
Nevertheless, in accordance with your request, I have enclosed evidence confirming that the vehicle was present at the site in connection with a customer visit. This evidence is being provided on behalf of the driver, whose identity remains unknown to you.
I now anticipate confirmation that the Parking Charge has been cancelled.
Yours faithfully,
[Name of Keeper]
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Hello Experts,
I received a reply within 12 hours to my appeal
Dear Sir/Madam,
Thank you for your correspondence relating to your Parking Charge.
The representations stated in your correspondence have been noted and considered. Please forward to us the full name and address of the driver at the time this charge was incurred so that we can update our records accordingly.
Also, in light of your claims, we are prepared to reconsider your appeal should we receive evidence of your custom at the site on the date in question. However, until such time as this evidence is received this Charge will continue to remain outstanding.
We are placing this Charge on hold for 14 days from the date of this letter to allow time for the documentation requested to be received.
Yours faithfully,
CP Plus Ltd
I have drafted a proposed reply:
Dear Sir/Madam,
I acknowledge receipt of your email of
As previously stated, there will be no admission as to who was driving and no inference or assumptions can be drawn.
However, as requested, I have enclosed evidence of custom.
I look forward to receiving your confirmation of cancellation of the charge
Regards
Would appreciate any suggestions/input please. Thanks in advance
I don't mind paying them the £2 charge for the extra time (without admitting liability) but wouldn't want this to prejudice my case. Should I offer to do this?
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Phew!
Thank you so much @b789, @jfollows & @DWMB2 for your prompt replies and excellent points!
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I've just come across this statement at appealpcn.co.uk
You may wish to consider whether the information provided by the parking company's appeal website is more likely to be drafted in a way that encourages people to pay, as opposed to encouraging them to challenge said parking company.
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I've just come across this statement at appealpcn.co.uk (https://appealpcn.co.uk/Home/FAQs)
Utilising The Protection of Freedoms Act 2012 when issuing PCNs is optional and we are not required to comply with it. Non-compliance with this legislation in no way affects our ability to issue PCNs and does not in any way affect the validity of the PCN you have received.
Does this conflict the POFA argument please?
Thanks!
No, it’s irrelevant.
The PCN might be “valid” but it still means the liability can’t be transferred from the driver to the registered keeper.
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It states that they are not relying on PoFA. The Keeper cannot be liable and they have no idea who the driver is. Catch-22 for them!
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I've just come across this statement at appealpcn.co.uk (https://appealpcn.co.uk/Home/FAQs)
Utilising The Protection of Freedoms Act 2012 when issuing PCNs is optional and we are not required to comply with it. Non-compliance with this legislation in no way affects our ability to issue PCNs and does not in any way affect the validity of the PCN you have received.
Does this conflict the POFA argument please?
Thanks!
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Why are you worrying about this?
Just get on with it, and submit online!
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Thanks very much @jfollows. The statement of 28 days is in the paragraph talking about appealing by post so I just wanted to make sure doing it online was subject to the same deadline
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The thing you posted says 28 days, and I’d do it online.
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Forgive my stupidity, but is the last date for the appeal within 14 days of the date of the notice or 14 days + 2 working days or 28 days from the notice date? Is it better to reply by snail mail or online? I assume they make this unclear so that they trap even more people!
Thanks in advance
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Thank you so much b789. I'll do as you suggest.
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Yes, the PoFA 9(2)(e)(i) argument is valid but it isn't going to be of much use unless this ever got as far as a hearing in court (unlikely). However, you need to go through the motions until then and so you simply appeal, only as the Keeper, with the following:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. GroupNexus has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. GroupNexus have no hope should you try to litigate this matter, so you are urged to save us both a complete waste of time and cancel the PCN.
Come back when you receive the appeal rejection and we will provide an IAS appeal, which will also be rejected, but will cost them, and then we can advise on how you proceed after that.
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Hello
Just wondering if anyone has any suggestions available regarding this please? Thanks in advance.
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Hello all,
I'm the registered keeper of the vehicle that has now received a PCN.
[attach=1]
[attach=2]
Even though the PCN is dated 27 May, I received it on 3 June.
Location is at 1 Purley Way, Drury Cres (https://maps.app.goo.gl/4LpUHQ4Jhy6ReVY89)
I was interested in the PoFA 9(2)(e)(i) defence but I haven't found cases that have successed on appeal to POPLA b789 has described it very well in this post (https://www.ftla.uk/private-parking-tickets/group-nexus-parking-charge-luton-gypsy-lane/)
Unfortunately, I don't live near Croydon so I can only rely on street maps (don't know if dash cam footage helps and if it's still available). I have noticed that there are no signs in the section of the shop TK Maxx that I believe the driver visited. There are far more signs in the vicinity of the other shop entrances so it is the chances of anyone just visiting TK Maxx seeing the parking limitation signs are small especially if one doesn't live in the area. The driver only knew about this because of an overheard conversation on their way out. The shop has refused to extend any support (in spite of the amount spent) and the staff are aware of these parking issues! They tried to make payment once discovered but the store had no idea how to do this, the phone numbers were not manned and they couldn't use the app because of a dead battery. They emailed on getting home offerring payment but got an automated response.
Also, does it make a difference if I can prove I was nowhere in that town as I am the registered keeper? I therefore did not see who the driver was.
Photos of signs
https://imgur.com/a/SoMiQPQ (https://imgur.com/a/SoMiQPQ)
https://imgur.com/a/rai0WL0 (https://imgur.com/a/rai0WL0)
https://imgur.com/a/MLpHIjf (https://imgur.com/a/MLpHIjf)
Many thanks in advance for your help
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