Author Topic: GroupNexus PCN New Square Retail West Bromwich  (Read 663 times)

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GroupNexus PCN New Square Retail West Bromwich
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As the registered keeper of the vehicle I received a PCN on 07/07/2025 from GroupNexus.

This states that "the charge has been issued as you either did not pay or validate your parking through the parking terminals, or you have exceeded the maximum stay".

So, they haven't stated specifically which term or condition has been broken. They are assuming I was the driver and I did not receive the notice until 07/07/2025, even though the alleged contravention/s was/were committed on the 18/06/2025, Which is 19 days since the alleged contravention/s.

The PCN is dated 30/06/2025, does this matter?

Please advise, thanks in advance.

https://imgur.com/a/pRUPlUf

https://imgur.com/a/DCfKtyc
« Last Edit: July 07, 2025, 08:25:42 pm by redr0cker »

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Re: GroupNexus PCN New Square Retail West Bromwich
« Reply #1 on: »
I get
Quote
The post you are trying to access contains malformed data
when I try to view the PCNs.

Re: GroupNexus PCN New Square Retail West Bromwich
« Reply #2 on: »


Thanks, I will try and rectify.

Re: GroupNexus PCN New Square Retail West Bromwich
« Reply #3 on: »

Should be able to see PCN now. Thanks.

Re: GroupNexus PCN New Square Retail West Bromwich
« Reply #4 on: »
Nope. Can't see the images of the PCN. However, FYI, it matters not when you actually received the Notice to Keeper (NtK). What matters id the date it is deemed to have been "given", which is two working days after the date it is issued.

So, for the purposes of trying to figure out whether the NtK was given within the relevant period as defined by PoFA, if, as you say, the alleged contravention occurred on Wednesday 18th June and the NtK was issued on Monday 30th June, then it was deemed given on Wednesday 2nd July. By my calculation, that is exactly 14 days and within the relevant period.

However, you can put them to strict proof of the actual date the NtK entered the postal system as they are required to be able to show this, according to the PPSCoP section 8.1.2(e) Note 2 which states:

Quote
A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose, “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales. Therefore, parking operators must retain a record of the date of posting of a notice, not simply of that notice having been generated (e.g. the date that any third-party Mail Consolidator actually put it in the postal system.)

Considering that all these firms use mail consolidators and do not use 'first class' service which is guaranteed a 1-2 day service (2 day service) but rather a second class service which only guarantees a 2-3 day service (3 day service), then they would struggle to show that the NtK was given within the relevant period.

Then again, we have not seen the NtK so this is all hypothetical for now.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: GroupNexus PCN New Square Retail West Bromwich
« Reply #5 on: »
Having now seen the NtK, it is obvious that they are not relying on PoFA to hold the Keeper liable. 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 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. Group Nexus 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. Group Nexus have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Come back when they reject the appeal and you have a POPLA code.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: GroupNexus PCN New Square Retail West Bromwich
« Reply #6 on: »

Thank you so much, that is a great relief. I will send the appeal tomorrow and post a response when received. Again thanks.

Re: GroupNexus PCN New Square Retail West Bromwich
« Reply #7 on: »

I have received a reply to the appeal against the PCN via email. This is what GroupNexus have said:-

"Dear Sir/Madam,


Thank you for your correspondence relating to your Parking Charge (deleted)


The representations stated in your correspondence have been noted and considered. Please forward to us the full name and address of the driver at the time this charge was incurred so that we can update our records accordingly.


Also, in light of your claims, we are prepared to reconsider your appeal should we receive evidence of your custom at the site on the date in question. However, until such time as this evidence is received this Charge will continue to remain outstanding.


We are placing this Charge on hold for 14 days from the date of this letter to allow time for the documentation requested to be received.


Yours faithfully,

CP Plus Ltd"


Please advise, thanks in advance.




Re: GroupNexus PCN New Square Retail West Bromwich
« Reply #8 on: »
Fishing exercise to get you to reveal the driver.

If you do nothing your appeal will be rejected “after careful consideration” and you’ll get a POPLA code.

Re: GroupNexus PCN New Square Retail West Bromwich
« Reply #9 on: »

I'll sit back and wait then. I'll update again when I hear more. Thanks.

Re: GroupNexus PCN New Square Retail West Bromwich
« Reply #10 on: »
Reply with the following:

Quote
Subject: Re: Parking Charge [Reference Number]

Dear CP Plus Ltd,

I am the registered keeper and have already made my position abundantly clear. Your NtK is non-compliant with PoFA 2012, and as such, you have no lawful basis to pursue the keeper.

Your request for the driver’s identity is noted as a transparent attempt to circumvent your own procedural failure. There is no legal obligation to assist you in patching up a defective notice, and no assumptions or inferences can be drawn.

You are urged to cancel this charge immediately or issue a POPLA code without delay. Continuing to pursue a keeper in the absence of PoFA compliance is not only futile but reflects what appears to be intellectual malnourishment.

Yours faithfully,

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

Re: GroupNexus PCN New Square Retail West Bromwich
« Reply #11 on: »

Will do, thanks.

Re: GroupNexus PCN New Square Retail West Bromwich
« Reply #12 on: »

Hi, latest reply for my PCN from GroupNexus

"Dear Sir/Madam,


Thank you for your correspondence relating to your Parking Charge


Further to your representations, we have investigated your claims and can confirm that your Charge has subsequently been cancelled in full and no further action will be taken.


Please disregard any letters received, that relate to this Parking Charge, that predate this correspondence.


Yours faithfully,

CP Plus Ltd"

I would like to thank jfollows but especially b789 for their help in getting this PCN cancelled. Such a relief, again thanks.

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