Author Topic: Groupnexus gave PCN for delivery job to residences in flats... (fight in court?)  (Read 2227 times)

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Hi,

So i worked for amazon flex delivering parcels on this day, I unfortunately received a PCN, since I parked here without legal reason. Is there any way I can fight this in court? There's absolutely no way delivery drivers can do their job for the residences living in flats at this location at all. Surely there's something I can do like fight it in court? I've already been rejected by POPLA.




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https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/

Update things in accordance with the above.

Since you seem to have already challenged it and been rejected by popla it would be very useful to know the content of your challenge and your Pipla appeal.

The site sgnage and exact location may also be useful.

You can defend the claim in court (losing is likely to be around £240). The material you post will determine viability of a potential defence. (You can make it go away for whatever they are currently demanding. Defending it may take more effort and time than you think is worthwhile expending).

There isn't any form of generic defence. Nor is there any form of automatic dispensation for delivery vehicles.







I think you'll find that you have an excellent defence should they try to take this all the way to court. Jopson v Homeguard [2016] B9GF0A9E is the defence you use. Loading/unloading or delivering is not parking.

Whilst the NtK is not strictly PoFA compliant as it fails on 9(2)(e)(i), it is probably too late to rely on that if you have identified yourself as the keeper to also be the driver. It may have helped you win at POPLA.

For now, you just have to wait and see if/when a Letter of Claim is sent. You can safely ignore all debt collector letters. They are powerless to do anything except try and scare you into paying by using scary words like "bailiff" and "CCJ". They hope you are low-hanging fruit on the gullible tree that'll capitulate and pay up when the pressure builds up.

You may want to inform any customers who have unregulated private parking companies infesting their properties that they will be blacklisted from receiving deliveries if they don't rein in their ex-clamper thugs.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

As per slapdash, we need to see your correspondence with Group Nexus, theirs with you, your POPLA appeal and their decision notice.

'Whether a car is parked, or simply stopped, or left for a moment while
unloading, or (to take an example discussed in argument) accompanying a
frail person inside, must be a question of fact or degree. I think in the end this was agreed. A milkman leaving his float to carry bottles to the flat would not be “parked” Nor would a postman delivering letters, a wine merchant
delivering a case of wine, and nor, I am satisfied, a retailer’s van,
or indeed the appellant, unloading an awkward piece of furniture. Any other approach would leave life in the block of flats close to unworkable',..

So, could you convince another judge in another court that your activity fell within the scope of the judgment above?

'Fact and degree' and we know very few other than that the car was recorded as being stationary for 22 minutes.

OP, aside from copies of your correspondence (as above) you'll need to take us through those 22 minutes, as indeed IMO you would a judge were this to get to court.

You may want to inform any customers who have unregulated private parking companies infesting their properties that they will be blacklisted from receiving deliveries if they don't rein in their ex-clamper thugs.

The terms of, for example, Amazon preclude that. The drivers can decide not to deliver what they have been assigned, though I imagine that is not particularly conducive towards maintaining an ongoing relationship.

In my area a number of developments have become problematic areas for uber eats. Their model is such that you sign in and decide which individual collections and deliveries you will undertake. Many drivers simply won't take those jobs.


As per slapdash, we need to see your correspondence with Group Nexus, theirs with you, your POPLA appeal and their decision notice.

'Whether a car is parked, or simply stopped, or left for a moment while
unloading, or (to take an example discussed in argument) accompanying a
frail person inside, must be a question of fact or degree. I think in the end this was agreed. A milkman leaving his float to carry bottles to the flat would not be “parked” Nor would a postman delivering letters, a wine merchant
delivering a case of wine, and nor, I am satisfied, a retailer’s van,
or indeed the appellant, unloading an awkward piece of furniture. Any other approach would leave life in the block of flats close to unworkable',..

So, could you convince another judge in another court that your activity fell within the scope of the judgment above?

'Fact and degree' and we know very few other than that the car was recorded as being stationary for 22 minutes.

OP, aside from copies of your correspondence (as above) you'll need to take us through those 22 minutes, as indeed IMO you would a judge were this to get to court.

Hi,

Thank you, I don't get how I'd send you guys the correspondence I got from them? I don't see it anymore or just can't find it again

I think you'll find that you have an excellent defence should they try to take this all the way to court. Jopson v Homeguard [2016] B9GF0A9E is the defence you use. Loading/unloading or delivering is not parking.

Whilst the NtK is not strictly PoFA compliant as it fails on 9(2)(e)(i), it is probably too late to rely on that if you have identified yourself as the keeper to also be the driver. It may have helped you win at POPLA.

For now, you just have to wait and see if/when a Letter of Claim is sent. You can safely ignore all debt collector letters. They are powerless to do anything except try and scare you into paying by using scary words like "bailiff" and "CCJ". They hope you are low-hanging fruit on the gullible tree that'll capitulate and pay up when the pressure builds up.

You may want to inform any customers who have unregulated private parking companies infesting their properties that they will be blacklisted from receiving deliveries if they don't rein in their ex-clamper thugs.

Hi,

So since I can't appeal at POPLA, how else do I appeal this PCN now mentioning that course case? I'm worried about going in front of a judge..

There is not need to worry about "going in front of a judge". It is not 'Rumpole of the Bailey'. It is not a criminal court. It is a civil court and should it even get as far as a hearing, it tends to take p0lace in the judges chambers (simply an office) and there are no robes or wigs.

This short video explains the process in court. Nothing to be afraid of:

https://youtu.be/n93eoaxhzpU?feature=shared

You are nowhere near getting to this stage, if at all.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thank you, I don't get how I'd send you guys the correspondence I got from them? I don't see it anymore or just can't find it again

Why?

Surely you've kept correspondence up to and including POPLA, and their decision couldn't have been that long ago.

Thank you, I don't get how I'd send you guys the correspondence I got from them? I don't see it anymore or just can't find it again

Why?

Surely you've kept correspondence up to and including POPLA, and their decision couldn't have been that long ago.

I managed to get the full convos, here it is.



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I think you'll find that you have an excellent defence should they try to take this all the way to court. Jopson v Homeguard [2016] B9GF0A9E is the defence you use. Loading/unloading or delivering is not parking.

Whilst the NtK is not strictly PoFA compliant as it fails on 9(2)(e)(i), it is probably too late to rely on that if you have identified yourself as the keeper to also be the driver. It may have helped you win at POPLA.

For now, you just have to wait and see if/when a Letter of Claim is sent. You can safely ignore all debt collector letters. They are powerless to do anything except try and scare you into paying by using scary words like "bailiff" and "CCJ". They hope you are low-hanging fruit on the gullible tree that'll capitulate and pay up when the pressure builds up.

You may want to inform any customers who have unregulated private parking companies infesting their properties that they will be blacklisted from receiving deliveries if they don't rein in their ex-clamper thugs.

Can you go through POPLA response to me? POPLA response is in an attached pdf file i uploaded in a reply today. In my appeal I wrote this

"Motorist response to operator evidence
• Can I just get an explanation as to how delivery drivers are supposed to
actually do our jobs? It seems extremely predatory and wrong, to give
delivery drivers parking fines when we're obviously there temporarily. Had
there of been signs of where buildings names are, I would have been in and
out within 10 minutes, and I would have been within the 10 minute grace
period. I do not think it's right or fair to fine delivery drivers at all. Please can
I just get some leniency and receive a goodwill gesture? I will never work and
deliver at this location again, and I will also make it a goal to make sure no
one I work with goes there again. And the land owners can take it up with
their renters as to why they're not receiving their packages at all. Do you see
the problem here? People like me get punished for just doing our jobs, now if
this appeal is rejected, I will be going to all the drivers in our group chat, and
telling them to avoid this location at all cost and just return the packages
back to depot. How is it fair that delivery drivers are punished for doing our
jobs? And that now if this is rejected, the people living there won't get their
packages on time since I will tell everyone to avoid this location. If the land
had signs that state where things are, people like me who are new to the
area, just doing our job will be in and out within 10 minutes and within the 10
minute grace period. Like I said, it's extremely predatory of them to give
PCN's to delivery drivers who are just trying to do their job. If you still think
that I should be punished for doing my job, then please just let me pay the
reduced amount. They're a private parking company, who are abusing the
system to hand out fines to everyone they can, without showing some
goodwill to people with extenuating circumstances, such as delivery drivers.
Is it really fair to you?"

That’s not an appeal that the scammers would take any interest in. In fact they are probably having convulsions of schadenfreude and rubbing their hands with glee at the prospect of you being their next victim that ends up paying them.

They have no better nature that you can appeal to. In addition to the fact that it appears you have outed yourself as the driver, you have weakened your chances with POPLA. This is more likely to end up being won in court than anywhere else.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Any advice on where I go from here with regards to the appeal that's been rejected? The new letter still looks like I could appeal on the letter dated 21st

Any advice on where I go from here with regards to the appeal that's been rejected? The new letter still looks like I could appeal on the letter dated 21st
Nowhere, you can now do nothing except wait and see if they want to take you to court or not, you cannot now make anything happen (other than by paying).

You could write one more letter putting your case in a better (legal basis) way, it would be ignored as an 'appeal' but may have some effect on there decision on court action if you now appear better informed and not such a soft target.
There are motorists who have been scammed and those who are yet to be scammed!

You could write one more letter putting your case in a better (legal basis) way, it would be ignored as an 'appeal' but may have some effect on there decision on court action if you now appear better informed and not such a soft target.
If the appeal(s) to date haven't been the strongest, then there could be some merit in doing this.