Author Topic: GroupNexus PCN - Parking longer than the allowed free period  (Read 153 times)

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dtb853

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GroupNexus PCN - Parking longer than the allowed free period
« on: January 12, 2024, 12:00:59 am »
Hello All,

On 20 December 2023, the driver parked the car in the Retail park, did some shopping and left. The driver didn’t notice the signage in the car park.

On 10th January 2024, the PCN was received by the registered keeper.(See pics below)
PCN front
PCN back

On 11th January 2024, the topic poster checked on google street view of the car parking area.

It has a signage on the street lamp near the entrance to the car park.
Near Entrance

Other signage are located on the street lamp only. It isn’t noticeable when you're not park near it.
Signage

*The google street view is not updated (it shows “Smart Parking” and the PCN is from GroupNexus)
https://maps.app.goo.gl/t46Kj8mmu8gfuQyF8


This is the GroupNexus signage from google search(https://i.dailymail.co.uk/1s/2023/03/24/11/69068725-11889321-image-a-3_1679656401725.jpg)

Any advice would be greatly appreciated.
« Last Edit: January 12, 2024, 12:13:17 am by dtb853 »

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DWMB2

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Re: GroupNexus PCN - Parking longer than the allowed free period
« Reply #1 on: January 12, 2024, 01:19:28 am »
Whilst they may have a claim against the driver, they have not met the requirements of Schedule 4 of the Protection of Freedoms Act 2012 (there's a link to it in my signature at the bottom of the post), meaning they cannot hold the registered keeper liable.

You could appeal as the keeper, being careful not to identify who was driving, along the lines of the below:
Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,

If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond within 35 days, chase them.

H C Andersen

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Re: GroupNexus PCN - Parking longer than the allowed free period
« Reply #2 on: January 12, 2024, 03:43:32 pm »

I agree...

but would modify slightly with:

..has incurred and is liable for a parking charge....

Simply the reinforcement of driver liability. (it's a technical point because some parking legislation acknowledges that a driver might incur but is not subsequently liable for charges)

dtb853

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Re: GroupNexus PCN - Parking longer than the allowed free period
« Reply #3 on: January 12, 2024, 05:51:33 pm »
Sorry about forgetting to mention that the Parking area is located in Northern Ireland. After doing some research online, the Northern Ireland consumer council mentioned that the protection of freedoms act is not applicable in Northern Ireland, unlike England and Wales.

https://www.consumercouncil.org.uk/consumers/help-consumers/travel-and-transport/private-car-parks/appealing-private-car-parking

Not sure if that will be a good idea to revise the template as below.


“I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

Furthermore, the Protection of Freedoms Act 2012 is not applicable in Northern Ireland. There is no obligation for me to name the driver. I am therefore unable to help you further with this matter. I look forward to receiving notification within 35 days that the Parking Charge Notice has been cancelled, and confirmation that you desist from any further debt recovery action.


Thank you for your further advice.

DWMB2

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Re: GroupNexus PCN - Parking longer than the allowed free period
« Reply #4 on: January 12, 2024, 07:26:04 pm »
And are you also based there? I think the general advice for Northern Ireland is that they can be safely ignored, but don't quote me on that as we see very few NI cases.

See what others say.

If anyone does recommend an appeal you could lose the first paragraph, they can't issue a notice that is compliant with a law that does not exist in NI.

Nosy Parker

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Re: GroupNexus PCN - Parking longer than the allowed free period
« Reply #5 on: January 13, 2024, 08:56:15 am »
I write as keeper of the vehicle.  I am not obliged to identify the driver and I decline to do so.  The law of Northern Ireland does not permit you to transfer the driver's liability (if any) for a parking charge to the keeper.  I require you therefore to cancel the PCN and to erase my personal data from your records.
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dtb853

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Re: GroupNexus PCN - Parking longer than the allowed free period
« Reply #6 on: January 15, 2024, 10:02:45 am »
Do more research and most of the people said just ignore it. Unfortunately some cases received a debt letter from a debt recovery agency after a couple of PCN(seems like a threat…) Some people advise appeal and they will not send anything further.

In this case I will go for an appeal with Nosy's version. Thank you all for your time and advice.

DWMB2

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Re: GroupNexus PCN - Parking longer than the allowed free period
« Reply #7 on: January 15, 2024, 10:13:52 am »
Yep, Nosy's template looks good.

Debt collectors have no power, other than to send scary sounding letters.

dtb853

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Re: GroupNexus PCN - Parking longer than the allowed free period
« Reply #8 on: February 02, 2024, 10:12:58 pm »
Finally, get a reply that the charge has been canceled.
reply


Thank you again for taking the time to provide me with valuable advice.