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Good morning all.
I have a Parking Charge from Nexus Group. The letter asks for the driver's details under Para 9(2)(b) Of Schedule 4....etc.
The letter goes on to advise that after 28 days if the charge remains unpaid the RK becomes liable to pay under Para 9(2)(f) of Schedule 4 .... etc. I can't upload the image.
Sorry if this has been asked before, I have tried to find an answer.
1) Have they fully complied with all legislation to pursue me in court?
2) Should I send the following response that I found on your site, or have they fully complied by drawing my attention to the two paragraphs of the relevant protection of freedoms act 2012, therefore rendering any appeal a waste of time?
Any help appreciated. Thank you.
"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. Horizon 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. Horizon have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN. -
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I can't upload the image.
Read this for help adding images - READ THIS FIRST - Private Parking Charges Forum guide. Once we see them we can advise. -
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The suggested site will not let me register as not in correct region. I've tried to attached a word document but the file is too big. Any other suggestions please?
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Imgur does not require you to register, simply click "New Post" at the top left on the main page. Otherwise, try alternatives, such as ImgBB, which likewise does not require registration.
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I can't find "Nexus Group" or "Group Nexus" on the BPA website. Does this matter?
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1) Have they fully complied with all legislation to pursue me in court?
There is no legislation relevant to pursuing the driver in court.
There is legislation with respect to pursuing the Keeper, just to make sure you understand the position.2) Should I send the following response that I found on your site, or have they fully complied by drawing my attention to the two paragraphs of the relevant protection of freedoms act 2012, therefore rendering any appeal a waste of time?
We will have to see the PCN, Group Nexus has tightened up recently and I'm not sure if they still fail to comply with PoFA.
"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. Horizon 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. Horizon have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
Group Nexus are approved operators of the IPC, so you won't find them on the (competing trade association) BPA. It also means even if they have failed to comply with PoFA you won't get it cancelled and will have to see if they will try court action. It would help if you could state (truthfully) that you were NOT the driver. -
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Thank you for your breakdown that is really helpful.
https://imgur.com/a/parking-notice-amt5091-XT58hXc
Not sure if the link above can be copied and pasted into browser. -
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Take a clear, FOCUSED, photo of the NtK and try again please. Impossible to read what you’ve provided.
What exactly is the driver being accused of doing? -