3. Messages

Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - NuBoy

Pages: [1]
1
Private parking tickets / Re: Parking Charge Notice - Appeal rejection never received
« on: June 30, 2024, 10:18:58 pm »
HC, Rookie and b789.

Thanks for you opinions and advice, I very much appreciate you taking the time to reply.

Ill return if/when there are any developments.

Thanks again.

2
Private parking tickets / Re: Parking Charge Notice - Appeal rejection never received
« on: June 25, 2024, 03:46:29 pm »
Thanks for looking over the paperwork b789

I’m a bit confused on your dating of the correspondence.

I realised my appeal had been rejected on 22nd May - On this date I received their letter dated 16/5/24 referring to appeal rejection correspondence (never received).

I requested a POPLAR code on 23rd May by letter.

I received the POPLAR code on 11th June (in a letter dated 6/6/24)


Thanks for the clarification HC.

I now see my Date stamp objection is redundant (my eyes can only see it on a scanner enlargement!). To be honest, if I had seen the date stamp at the top of the pictures I would have paid the invoice at the settled amount of £60.

Now you may say I’m a cantankerous fool, but I think the company’s failure to engage with me over the genuine issue of not receiving the appeal notice, which has now ended up with a demand for £170 is worth appealing.

There is the other appeal point - that the notice was not delivered within the prescribed period.

POFA 2012 Schedule 4. Section 9 .4 (b) states; "The notice must be given by – (b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period. (5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.”

Date of parking charge -18/03/2024 …..Notice received 6/04/2024. That’s 19 days.

The date of issue of the PCN is 27/3/2024. That’s 9 days after the incident but that’s just a date on a piece of paper; what about postage time? I have always received Group Nexus correspondence around 6 days after any date on their correspondence.

Mmmm, where do I go now? Wait for their next move?

3
Private parking tickets / Re: Parking Charge Notice - Appeal rejection never received
« on: June 25, 2024, 01:47:33 pm »
Again thank you for your responses. If I question any advice or opinion, it's not because I'm challenging your views, but just to understand the situation better. All opinions are gratefully received.

Rookie, I agree with your your point, "The money is either owed or not,"
But would a court not take the view that it was reasonable for the Driver/vehicle owner to expect that an invoice claiming money for breach of contract would  provide direct evidence of that breach, in line with the BPI code of conduct (i.e Time/Date stamped photographs)?

HC, how would you advise that I mediate at this point? G.N state in their letter they will not "enter into any further correspondence."

Also would you say that not following the BPI code relating to Date/Time stamped evidence will be viewed by a court as a merely procedural point. What evidence are they going to provide to the court on the entry and exit times?

Thanks again for your considerations.


4
Private parking tickets / Re: Parking Charge Notice - Appeal rejection never received
« on: June 25, 2024, 09:48:00 am »
Thank you for your replies.

As you suggested, here is the link for Imgur with all the paperwork to date;

https://imgur.com/a/vkJv9Jz

The main plank of my initial appeal was that the company did not provide any objective evidence in their invoice (PCN) of a breach of contract as the photos were not time/date stamped (contrary to their trade organisation's (BPA) code - Sect 21.5a- "Photographic evidence must not be used...unless the images bear an accurate time and date stamp....)

Is not the position now that my defence is now both my original defence points plus G.N's conduct. Once G.N were aware that I claimed I had not received their appeal decision, to ignore that information is malpractice (lack of ordinary skill, or a breach of duty in the performance of a professional service).

If they choose not to reset the clock and we go to court, would not the court's view be that they are wasting the courts time because they have not followed the due process by trying to reach agreement before court action.

What's your suggestion b789?


5
Private parking tickets / Parking Charge Notice - Appeal rejection never received
« on: June 24, 2024, 11:09:48 pm »
I received a Parking Charge Notice from Group Nexus for overstaying in a retail car park. I appealed via the company’s online portal, receiving confirmation of receipt. (I am not detailing my grounds of appeal because I believe that is no longer the issue now).

I received no notice of their rejection of my appeal, neither by post or email.

The first I realised that I had not received their appeal decision was when I received a parking Charge Reminder. I wrote to them stating they had either ignored my online appeal or I had not received their decision, and included my appeal in hard-copy.

They replied, ignoring the content of my letter, saying I should…. “refer to our previous correspondence” (which I had told them I had not received)!

I wrote to them, again telling them I had received no appeal decision and asked for a POPLAR verification code in order to appeal through POPLA.

They replied, still ignoring the fact that I had not received their appeal decision, giving me a POPLAR code, but telling me it was now out of date!

So what do I do next?

My plan is to make a formal complaint - in line with their complaints policy. Then follow with a POPLAR complaint, then perhaps a Trading Standards complaint. My objective is to gather as much evidence of the company’s malpractice as possible before it eventually ends in court.

Would you say this is the right approach?

Pages: [1]