Should I mention this again in the "My Comments on the operator evidence" box?You should point out that they have not satisfactorily addressed this point.
A witness statement from the Head of Estate Management for The Gym Group, confirming that CP Plus Ltd has authority from The Gym Group to carry out parking management and enforcementCan you show us this?
| This is a story about a parking ticket. The Keeper received a Parking Charge Notice from GroupNexus dated 23 September 2025 for a car parked at The Gym Group Northampton. After reading it carefully, the Keeper realised the notice does not follow the law, so this appeal is being made. There is a law called the Protection of Freedoms Act 2012, known as PoFA. It sets strict rules a parking company must follow if it wants to make the keeper pay instead of the driver. One rule says the notice must invite the keeper to pay the charge or name the driver (Schedule 4, para 9(2)(e)(i)). GroupNexus’s letter says, “The driver of the vehicle is required to pay this Parking Charge in full… If you were not the driver, you should tell us the name and address of the driver.” It never once invites the keeper to pay. That wording is required by law. Because it is missing, the notice does not comply with PoFA. The law also says the notice must clearly name the creditor entitled to recover the money. The notice that the Keeper received claims that GroupNexus is “a trading name of CP Plus Ltd.” However, this is factually incorrect and misleading. According to Companies House records: CP Plus Ltd is registered company number 02595379, incorporated on 26 March 1991, with a registered office at Jack Straw’s Castle, 12 North End Way, London, England, NW3 7ES. GroupNexus Ltd is a completely separate legal entity, registered company number 15560549, incorporated on 13 March 2024, and registered at Jack Straw’s Castle, North End Way, London, England, NW3 7ES. GroupNexus Ltd is therefore not just a trading name of CP Plus Ltd, but an independent limited company. The Notice to Keeper does not make clear whether the alleged creditor is CP Plus Ltd, GroupNexus Ltd, or another entity entirely. PoFA Schedule 4 paragraph 9(2)(h) requires that a notice must identify the creditor and specify how and to whom payment or notification may be made. The notice does not identify which legal entity is the creditor, and is therefore in breach of PoFA paragraph 9(2)(h). Without knowing who the creditor actually is, the Keeper cannot know who is lawfully entitled to recover the charge. This failure alone means keeper liability cannot apply. When a parking company does not follow PoFA, it cannot transfer liability to the keeper. It can only pursue the driver. GroupNexus admits it does not know who the driver was, and the Keeper has not said. Therefore, keeper liability does not apply and the charge must be cancelled. Even if we look past that, GroupNexus has provided no evidence that the Keeper was the driver. The law does not allow them to assume this. They have no proof—only a guess. At the entrance to the car park, there is a small sign that reads: “Gym Customers Only – Console Validation Required. Please see signage within car park for full terms and conditions.” That is all. It does not show any parking charge amount, enforcement warning, or clear explanation of terms. The sign is small, set back from the road, and difficult to read while driving in. Under Clause 3 (Signs and Surface Markings) of the Private Parking Sector Single Code of Practice (Version 1.1, February 2025), entrance signs must be visible, legible, and unambiguous to drivers. They must make it clear that terms and conditions apply, show the parking operator’s name, and, where relevant, display the maximum parking charge that could be applied. This site’s sign fails those rules completely. A driver entering the car park would have no idea that a £100 charge might later be issued. The key terms were not displayed at the point where any parking contract would begin. Because those essential terms were missing, no valid contract could have been formed, and no charge is enforceable. GroupNexus must also have written permission from the landowner to issue tickets. The PPSCoP requires this. Unless GroupNexus produces an unredacted contract showing they have this authority, they cannot lawfully issue or pursue parking charges. The £100 charge is unfair and excessive. The Supreme Court case ParkingEye v Beavis only allowed a charge where all signs were clear, PoFA was followed, and a legitimate interest was shown. None of that applies here. This is an unenforceable penalty. Finally, the notice provides no proper complaints procedure, which breaches Clause 11 of the Private Parking Sector Code of Practice (v1.1 – February 2025). This shows further unfairness in how GroupNexus operates. To put it simply: the notice does not invite the Keeper to pay, does not name the creditor, and does not comply with PoFA. The driver has not been identified, the signs are unclear, there is no proof of landowner authority, and the charge is unfair. Thank you for taking the time to consider this appeal. The Keeper respectfully asks that POPLA upholds it and instructs GroupNexus to cancel the Parking Charge Notice. |
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 at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.