Author Topic: Group Nexus Parking Charge - Luton Gypsy Lane  (Read 106 times)

0 Members and 0 Guests are viewing this topic.

scooter72

  • Newbie
  • *
  • Posts: 10
  • Karma: +0/-0
    • View Profile
Group Nexus Parking Charge - Luton Gypsy Lane
« on: February 01, 2025, 03:44:14 pm »
Hi,

I am seeking guidance on if I should pay this Parking Charge, or am I in a position to appeal?

I received a Parking Charge for a vehicle of which I am the registered keeper.

The driver doesn't contest that they entered the car park Luton Retail Park, Gypsy Lane:

https://www.google.co.uk/maps/@51.873086,-0.3994319,3a,75y,45.63h,73.34t/data=!3m7!1e1!3m5!1siKDYWma4H1e9YBBrj8Y_KQ!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D16.65918320550655%26panoid%3DiKDYWma4H1e9YBBrj8Y_KQ%26yaw%3D45.63371731222053!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI1MDEyOS4xIKXMDSoASAFQAw%3D%3D

Time of entry was 1947hrs and departure was 2320hrs - duration 3hrs 32mins.
I am aware that the driver was under considerable emotional stress having just had an argument with his family and didnt know where to go - decided on some quiet time in an assumed safe area.

From 2000hrs all shops associated with this car park are closed - aside from a McDonalds.

The signage in the car park is not particularly visible ( I can get photos later) and there was no awareness by the driver that there was a 3hr time limit for parking in this area.

May I ask for some guidance - or, as registered keeper, just accept this (in my view) extortion!
Thank you in advance.
(n.b., no correspondence has been started with Group Nexus at this stage)


[ Guests cannot view attachments ]
« Last Edit: February 01, 2025, 11:16:02 pm by scooter72 »

Share on Bluesky Share on Facebook


b789

  • Hero Member
  • *****
  • Posts: 3475
  • Karma: +153/-5
    • View Profile
    • GullibleTree
Re: Group Nexus Parking Charge - Luton Gypsy Lane
« Reply #1 on: February 01, 2025, 06:15:45 pm »
Good that you have not appealed yet. The Notice to Keeper (NtK) is not compliant with PoFA.

Easy one to deal with... as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

Quote
I am appealing the Notice to Keeper (NtK) issued to me as the registered keeper. The alleged contravention occurred on Sunday, 16th January, and the NtK was issued on Thursday, 27th January.

Under Schedule 4, Paragraph 9(5) of the Protection of Freedoms Act 2012 (PoFA), a Notice to Keeper must be delivered within 14 days if no Notice to Driver was issued. In this case:

• The 14-day deadline for delivery was Saturday, 30th January.

• The NtK was issued on 27th January, meaning the presumed delivery date (two working days later) was Monday, 1st February—outside the legal timeframe.

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
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

scooter72

  • Newbie
  • *
  • Posts: 10
  • Karma: +0/-0
    • View Profile
Re: Group Nexus Parking Charge - Luton Gypsy Lane
« Reply #2 on: February 01, 2025, 06:38:54 pm »
Hi b789 - thanks for the very quick reply!

Not sure the dates are quite correct - but still I understand your description.
Issued Monday 27th Jan.
Assumed receipt was 29/30 Jan.

Actual receipt of letter Saturday 01 Feb.

Would I need to have proof that I received it today?
I have the envelope, but there is no postage stamp on it.
Brgds
S

b789

  • Hero Member
  • *****
  • Posts: 3475
  • Karma: +153/-5
    • View Profile
    • GullibleTree
Re: Group Nexus Parking Charge - Luton Gypsy Lane
« Reply #3 on: February 01, 2025, 06:52:44 pm »
My bad and I apologise. I was looking at my February calendar. Never mind. GroupNexus are are still not issuing PCNs that are fully compliant with PoFA. Here is the amended version of the appeal you should submit as the Keeper only:

Quote
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, including paragraph 9(2)(e)(i), 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.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

scooter72

  • Newbie
  • *
  • Posts: 10
  • Karma: +0/-0
    • View Profile
Re: Group Nexus Parking Charge - Luton Gypsy Lane
« Reply #4 on: February 01, 2025, 07:03:20 pm »
Hi b789
Understood - thanks.
Is it worth mentioning the size/visibility of the signage? Weather/visbility was poor that night with drizzle.
Brgds
S

b789

  • Hero Member
  • *****
  • Posts: 3475
  • Karma: +153/-5
    • View Profile
    • GullibleTree
Re: Group Nexus Parking Charge - Luton Gypsy Lane
« Reply #5 on: February 01, 2025, 07:04:17 pm »
Not in any initial appeal. Whatever you put will be rejected. Save everything else for the POPLA appeal.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

scooter72

  • Newbie
  • *
  • Posts: 10
  • Karma: +0/-0
    • View Profile
Re: Group Nexus Parking Charge - Luton Gypsy Lane
« Reply #6 on: February 01, 2025, 11:13:20 pm »
Understood. Thank you.
And should I send the appeal through asap - or leave it towards the end of the 14 days of lower payment date?

DWMB2

  • Moderator
  • *****
  • Posts: 2501
  • Karma: +72/-1
    • View Profile
Re: Group Nexus Parking Charge - Luton Gypsy Lane
« Reply #7 on: February 02, 2025, 07:50:22 am »
There's no material advantage to be gained from when you send your appeal, as long as you do so within the deadline set by the parking company.

scooter72

  • Newbie
  • *
  • Posts: 10
  • Karma: +0/-0
    • View Profile
Re: Group Nexus Parking Charge - Luton Gypsy Lane
« Reply #8 on: February 02, 2025, 08:24:01 am »
re-adding the PCN with redacted details
Thanks
S

scooter72

  • Newbie
  • *
  • Posts: 10
  • Karma: +0/-0
    • View Profile
Re: Group Nexus Parking Charge - Luton Gypsy Lane
« Reply #9 on: February 02, 2025, 10:09:59 am »
@DWMB - thanks for the input.

I'm going to approach a one of the stores at the retail park (a chain) I use very regularly - see if they are able to contact Nexus and retract the PCN.

scooter72

  • Newbie
  • *
  • Posts: 10
  • Karma: +0/-0
    • View Profile
Re: Group Nexus Parking Charge - Luton Gypsy Lane
« Reply #10 on: February 02, 2025, 12:53:33 pm »
and a photo of one of their signs - photo taken from approx 2m-3m away in bright conditions.

scooter72

  • Newbie
  • *
  • Posts: 10
  • Karma: +0/-0
    • View Profile
Re: Group Nexus Parking Charge - Luton Gypsy Lane
« Reply #11 on: February 03, 2025, 06:55:45 pm »
Hi b789, DWMB2
Sorry - just looking for some clarification....I looked through POFA Section 9:

Looking at POFA Section 9 (2) (f) - there is indication that if after 28 days the fine is not paid, then the Creditor has the 'right to recover from the keeper so much of that amount as remains unpaid'

Is there anything in POFA which would indicate that the keeper is not responsible in this instance?
Thanks in advance
S

b789

  • Hero Member
  • *****
  • Posts: 3475
  • Karma: +153/-5
    • View Profile
    • GullibleTree
Re: Group Nexus Parking Charge - Luton Gypsy Lane
« Reply #12 on: February 03, 2025, 11:33:40 pm »

Is there anything in POFA which would indicate that the keeper is not responsible in this instance?


Yes... PoFA 9(2)(e)(i) has not been complied with. Here is the reason:

Paragraph 9(2)(e)(i) of Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) states that the Notice to Keeper (NtK) must include a specific invitation to the keeper to pay the charge. This requirement serves to ensure that the keeper understands their liability and has a clear course of action.

They cannot simply rely on the fact that the Parking Charge Notice (PCN) is addressed to the Keeper to satisfy PoFA paragraph 9(2)(e)(i). The law explicitly requires a clear and specific invitation for the keeper to either:

• Pay the parking charge, or
• Provide the name and address of the driver (if the keeper was not the driver).

This is not an "implied" requirement; it must be explicitly stated. Merely inferring that the keeper is invited to pay because the notice is addressed to them does not meet the strict wording requirements of PoFA.

PoFA compliance requires specific wording. The law’s intention is to make the responsibilities of the Keeper clear and unambiguous. Phrases like "you are invited to pay this parking charge" or "you are required to do X, Y, Z" are examples of wording that PoFA expects.

If the notice only says, for example, "the charge must be paid" or "payment is required" without directly inviting the keeper to pay, this is insufficient under PoFA. The wording must link the keeper directly to the payment obligation in an unambiguous way.

The parking company cannot claim keeper liability under PoFA if they fail to meet the explicit requirements of 9(2)(e)(i). This is a valid appeal (and defence) point, as courts and independent adjudicators should not rely on implied obligations instead of explicit compliance with statutory requirements.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

scooter72

  • Newbie
  • *
  • Posts: 10
  • Karma: +0/-0
    • View Profile
Re: Group Nexus Parking Charge - Luton Gypsy Lane
« Reply #13 on: February 04, 2025, 12:38:26 am »
Lovely - got it, thanks.

1) GN's letter has not offered me, as the keeper, to settle their charge. Its not stated in their letter, therefore their letter is not compliant with PoFA.
2) As the letter is not compliant, the keeper cannot be held liable
3) I, as keeper, have no obligation to offer up the details of the driver
4) driver is, and remains, liable.

Sounds 'relatively' straightforward.

I'll try and contact the Retail Park again, but also put in a simple letter stating the lack of invite to settle; also that the period of free parking was not stated in the letter - only that I had exceeded the maximum time.

Thanks
S

b789

  • Hero Member
  • *****
  • Posts: 3475
  • Karma: +153/-5
    • View Profile
    • GullibleTree
Re: Group Nexus Parking Charge - Luton Gypsy Lane
« Reply #14 on: February 04, 2025, 10:32:22 am »
I wouldn't bother changing anything in the initial appeal. They will reject any appeal, no matter what. There is no money in it for them if they accept appeals.

The whole point of the initial appeal is to get a POPLA code (if they are BPA members) for the secondary appeal. Even if the secondary, supposedly "independent" (not) appeal is rejected, it is not binding on the keeper and often these cases are not resolved until they go to litigation. Invariably, they end up being discontinued or get stuck out.

Very few, that we advise on, ever go all the way to hearing.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain