What have the gym management said about getting them cancelled? I'm assuming you will cancel your membership if they don't try and get their agent to cancel the charges. Why was the driver unaware of the requirement to input their VRM into a pad?
For now simply appeal each Notice to Keeper (NtK) separately and when each one is rejected, you will receive a POPLA code. This is likely to go all the way to a county court claim but as long as it is defended with our advice you won't be paying a penny to Group Nexus.
Normally this is an 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:
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 with the POPLA code when it is rejected.
