Free Traffic Legal Advice

Please post up the PCN, both sides.

Redact personal info.

<a href="https://www.imagebam.com/view/ME1AVIPS" target="_blank"><img src="https://thumbs4.imagebam.com/87/a0/9a/ME1AVIPS_t.jpg" alt="IMG_20260223_154250.jpg"/></a>

So the NtK is not PoFA compliant.

The Keeper needs to respond along the lines of;

I am the registered keeper.

As your notice is not PoFA compliant I will not be accepting any liability for the outstanding parking charges.

The driver is not known to you and I will not be providing any driver details.

Your options are;

Cancel the notice

OR

Waste further money by providing a POPLA code.


Many thanks,

xxxxxx xxxxxxxx

I'm struggling to see why the NTK is not POFA compliant. If InterCity125 is suggesting the wording isn't exactly what's in the legislation Group Nexus won't agree and it's unlikely POPLA will either. You may eventually get a judge to agree but that's a long way off.

there has been no loss to the gym as no payment is needed (only need to enter reg when u visit)?

That's not how this works, the driver entered into a contract with Group Nexus, they are alleging the driver didn't adhere to the rules for the car park, I.e. register, so under the contract the driver now owes Group Nexus. As GN don't know who the driver is and they are relying on POFA and will hold the registered keeper liable. You have four options.

1. Pay the PCN, on the face of it the driver did breach the car park rules.
2. Get the gym to cancel it, usually the prefered option known as plan A. Depends on what sway they have with GN.
3. Appeal on the basis the driver was a gym member but forgot to register, theres an outside chance this will get the PCN cancelled or reduced to £20 (the driver has cost GN real money to issue the PCN).
4. Use the appeal above which will almost definitely get rejected*

A POPLA code allows you to go to the 'independant' appeals service, the next stage in the process.

*This root will most likely go to POPLA next, followed by debt collectors letters followed by threats of court followed by a letter of claim. It's a long winded process if you can be bothered but you will need to engage with the legal process if it gets that far. If you do they normally give up just before they have to pay the court fee. If you don't engage at worst you risk a CCJ in default which will wreck your credit score for 7 years.

The NTK not being POFA compliant may be valid but it's highly unlikely to win any appeals. It really needs to be argued in court and even that wouldn't necessarily clear the issue up for anything other than the claim in question.

It's an avenue to take when appealing if no better grounds exist but it would be helpful to people appealing if it wasn't portrayed in such certain terms as the validity of the argument is very much any opinion, not a legal fact and as you point out if the PCNs aren't POFA compliant why the parking companies don't make the relatively trivial changes to the wording eludes me. Some parking companies are pretty amateur but the bigger ones generally know what they are doing.

That's an opinion, not a legal certainty and the PPC won't cancel on that basis and nor will a second stage appeal service.

That's an opinion, not a legal certainty and the PPC won't cancel on that basis and nor will a second stage appeal service.

I agree that both appeals will undoubtedly fail but that's neither here nor there, it's to be expected.

Some breaches of POFA could be argued to be technical in nature - omitting the invitation to the keeper to pay is not.....it's a mandatory element and if it's missing then the NTK is non-compliant and liability cannot be transferred from driver to keeper.