Free Traffic Legal Advice

What have the Gym said about this? Have you tried Plan A yet?

What do the signs at the location say? The breach of contract in the Notice to Keeper (NtK) only state that "the vehicle stayed longer than the maximum stay period". Can you get a photo of the signs at the location so that we can see the "contract" they allegedly form?

Once we know more detail and how the Keeper is getting on with Plan A, we can advise further.

So the gym isn't actually on site. It's across the street. I haven't got any clear pictures from the signage itself but I googled the retail car park and found this sign.

No, the gym was across the street from the retail car park. I only used the retail car park to park my car whilst at the gym.

Trying hard to find ways to appeal this. The entrance sign states that parking is free for customers only. The driver was not a customer. The sign also states that between midnight and 5am, the maximum period of parking is 20 minutes.

The NtK shows that the vehicle was on site between 01:48 and 02:30. That's 42 minutes.

Without seeing the actual terms signs, the only things I can see worth appealing are technical flaws in the NtK to be able to hold the Keeper liable under PoFA.

Subject: Formal Appeal – PCN Ref No. [Insert Reference Number]
Registered Keeper of Vehicle: [Registration Number]

This is a formal appeal for the Parking Charge Notice (PCN) issued to me as the registered keeper of the vehicle. Group Nexus has failed to comply with the statutory requirements of the Protection of Freedoms Act (PoFA) 2012, and as such, I am not liable for the charge. I will outline the key failures below:

1. Incorrect Assumption of Ownership:

In the Notice to Keeper (NtK), Group Nexus has relied on PoFA 9(2)(f) and incorrectly stated:

"We have the right to recover any unpaid part of the Parking Charge from you, the vehicle’s owner, under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012..."

This is a clear breach of PoFA. The law allows for recovery of unpaid parking charges from the registered keeper, not the owner, unless the conditions outlined in PoFA Schedule 4 are met. Moreover, the V5C Registration Certificate explicitly states on its front page that it is not proof of ownership. Group Nexus has therefore made an incorrect assumption that the registered keeper is automatically the owner, which is both factually and legally incorrect, resulting in a breach of the Act.

2. Breach of the BPA Code of Practice:

The BPA Code of Practice (CoP) also requires that operators follow the legal framework (PoFA) and use clear, unambiguous language in their communication with the registered keeper. By using "owner" instead of "registered keeper" or "driver," Group Nexus has breached Section 21 of the BPA CoP, which requires that any Notice to Keeper sent to the registered keeper must comply with PoFA 2012 if they intend to hold me liable.

3. Failure to Include an Invitation to Pay [PoFA 9(2)(e)(i)]:

The NtK fails to comply with Paragraph 9(2)(e)(i) of PoFA, which requires the NtK to include an explicit invitation for the keeper to either pay the charge or, if they were not the driver, to provide the name and address of the driver. Group Nexus has omitted this key requirement. Without such an invitation, the NtK is non-compliant, and therefore, liability cannot be transferred from the driver to me, the registered keeper.

4. No Keeper Liability:

Since Group Nexus has failed to fully comply with the requirements of PoFA Schedule 4, there can be no keeper liability in this case. As the registered keeper, I am under no legal obligation to provide the identity of the driver to an unregulated private company and I decline to do so.

Expectation of Cancellation or POPLA Code:

Please do NOT try the usual Group Nexus trick of asking for driver details in order to get around the fact your NtK does not comply with PoFA. As there is no keeper liability, therefore, liability cannot flow from the driver to me, the keeper, and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.