Next up, this is the POPLA appeal I've drafted based on examples I've found. Any feedback more than welcome. I have about a month to submit it.Evidence to upload:
- Hertz email forwarding the PCN
- GroupNexus’ original document sent to Hertz (the original NTK quoting para 9)
- The notice they sent to me (re-addressed, with no hire docs)
POPLA verification number [1753445551]Parking charge notice [2000064523643]
- Operator CP Plus Ltd t/a GroupNexus
- Vehicle OY26 VKY
- Site Moto Blyth Services
- Date of event 27/10/2025
I am the hirer of the vehicle. I deny any liability. The appeal is allowed on the following grounds.1. No keeper/hirer liability under POFA 2012 schedule 4 (hire vehicles)GroupNexus has not complied with the strict requirements of Schedule 4 paragraphs 13–14. What I received is plainly a re-addressed copy of the original Notice to Keeper to Hertz that still purports to rely on paragraph 9. For a hire vehicle, a valid Notice to Hirer must be served with all of the prescribed documents:
- a copy of the hire agreement
- a statement of liability signed by the hirer
- a copy of the original notice
None of these documents were enclosed. In addition, the operator has provided no evidence that any Notice to Hirer (with all enclosures) was delivered within the statutory timescale in para 14(2)(a). POPLA will be able to see from the operator’s own rejection letter that they assert “we are holding the registered keeper liable”. The registered keeper is Hertz, not me. In the absence of full compliance with Sch 4 paras 13–14, the operator cannot transfer liability to the hirer/keeper. I am not naming the driver.This ground alone requires that the appeal be allowed.2. No evidence of landowner authorityThe operator is put to strict proof of a current, unredacted contract with the landowner (not merely a site agreement with an agent) that:
- grants CP Plus/GroupNexus authority to manage parking, issue PCNs, and pursue charges to POPLA/court, and
- covers this specific site and the material period
If such authority is not produced, the charge is invalid under the BPA Code of Practice (section 7).3. Inadequate and non-prominent signage, including at EV charging baysThe terms relied upon (free 2-hour limit and tariff thereafter) were not prominently brought to the attention of drivers using the EV charging area. The operator must supply a contemporaneous signage plan and dated photos showing: entrance signage legibility from a moving vehicle, the font sizes of the core terms, and the signs positioned at the EV chargers. Under the BPA Code (sections 19 & 21), core terms must be clear and prominent. In ParkingEye v Beavis, the Supreme Court stressed that charges are only enforceable where the signage is “clear and prominent”. That standard is not met here.4. No evidence of a compliant “period of parking” and failure to allow grace/consideration periodsThe times shown are ANPR entry/exit times, not the mandatory “period of parking” required by PoFA Sch 4. They will include circulation, queueing for a charger, connecting/disconnecting, and exiting. The BPA Code requires both a reasonable consideration period on arrival and a minimum 10-minute grace period on leaving. The operator is put to strict proof that both were allowed and that the alleged overstay is not merely ANPR timestamp padding.5. Unfair/unclear consumer termsIf the operator relies on any alleged contractual term, it must be transparent and prominent. Given the EV-charging context and the absence of prominent warnings at the chargers themselves, any purported agreement to pay £100 is not transparent or fairly incorporated (Consumer Rights Act 2015). The operator is put to strict proof.ConclusionBecause GroupNexus failed to comply with PoFA Schedule 4 for hire vehicles, they cannot transfer liability to me as hirer/keeper. The remaining points (authority, signage, and grace periods) give further independent reasons to allow the appeal. I request that POPLA uphold this appeal and direct the operator to cancel the charge.