Free Traffic Legal Advice

I received a Parking Charge Notice from Group Nexus for overstaying in a retail car park. I appealed via the company’s online portal, receiving confirmation of receipt. (I am not detailing my grounds of appeal because I believe that is no longer the issue now).

I received no notice of their rejection of my appeal, neither by post or email.

The first I realised that I had not received their appeal decision was when I received a parking Charge Reminder. I wrote to them stating they had either ignored my online appeal or I had not received their decision, and included my appeal in hard-copy.

They replied, ignoring the content of my letter, saying I should…. “refer to our previous correspondence” (which I had told them I had not received)!

I wrote to them, again telling them I had received no appeal decision and asked for a POPLAR verification code in order to appeal through POPLA.

They replied, still ignoring the fact that I had not received their appeal decision, giving me a POPLAR code, but telling me it was now out of date!

So what do I do next?

My plan is to make a formal complaint - in line with their complaints policy. Then follow with a POPLAR complaint, then perhaps a Trading Standards complaint. My objective is to gather as much evidence of the company’s malpractice as possible before it eventually ends in court.

Would you say this is the right approach?

IMO, you do not have any evidence of malpractice on their part.

Just stand back...

The facts as you've set them out are that they did receive and consider your appeal and they have provided you with their response which you claim you did not receive. You cannot prove you didn't receive in time(but simply ignore), how can one prove a negative?  


In short: in all probability this is nothing more than a letter going missing the effect of which is that your POPLA code has expired. Posting and service of their reply would be taken as being a fact on the balance of probabilities.

If they choose not to reset the process- which is their choice IMO-then the ball is in their court.

Contrary to what you posted, the issue is the alleged contravention and your defence, it is not your claim to have not to received the letter. This arises because their next step is court.

You can of course rattle their cage and engage in the extra-procedural actions you've suggested, this is your choice. But I ask you just to consider the objective facts again and provide the docs referred to by b789.

Once G.N were aware that I claimed I had not received their appeal decision, to ignore that information is malpractice (lack of ordinary skill, or a breach of duty in the performance of a professional service).

Exactly, you claimed you didn't receive. I imagine they get thousands of 'I didn't receive' every week and treat them the same which IMO they're entitled to do otherwise motorists could have creditors dancing endlessly to this tune.



If they choose not to reset the clock and we go to court, would not the court's view be that they are wasting the courts time because they have not followed the due process by trying to reach agreement before court action.

No, because you have the option of engaging in mediation before court.

As regards your defence, did you 'out' the driver in your appeal or subsequent correspondence and was your appeal based solely upon what you perceived to be a procedural (CoP) point to which a court would attach little weight IMO i.e. you didn't challenge that the car was there for a period in excess of the permitted maximum. The times are included in the NTK.

Again thank you for your responses. If I question any advice or opinion, it's not because I'm challenging your views, but just to understand the situation better. All opinions are gratefully received.

Rookie, I agree with your your point, "The money is either owed or not,"
But would a court not take the view that it was reasonable for the Driver/vehicle owner to expect that an invoice claiming money for breach of contract would  provide direct evidence of that breach, in line with the BPI code of conduct (i.e Time/Date stamped photographs)?

HC, how would you advise that I mediate at this point? G.N state in their letter they will not "enter into any further correspondence."

Also would you say that not following the BPI code relating to Date/Time stamped evidence will be viewed by a court as a merely procedural point. What evidence are they going to provide to the court on the entry and exit times?

Thanks again for your considerations.

Having now put this point to one side, OP pl deal with the substance of their allegation. 

Mediation is offered after a Letter of Claim is issued by the creditor. You are not there yet.

The CoP is not law. As per The Rookie, there was either a breach of contract giving rise to a claim or not. The CoP and PoFA overlap in places, but as regards holding the RK liable it's PoFA which applies to the point of making a claim. But when the creditor is pursuing the person they believe to be the driver then it's redundant and only contract law applies.

which has now ended up with a demand for £170 is worth appealing.

1/ They can 'demand' (ask for) any sum they like,. whether it is owed or not is a different matter.  Courts habitually through out the unjustified added on (and not incurred) £70 for debt collection so if you made an offer to pay £100 (under a without prejudice save as to costs basis) they would be in a quandary, if they reject and take you to court and win £100 you have a case they cannot reclaim any costs of their claim at all as they had no basis for taking you to court at all.  They may reject the offer and then pretty much make taking you to court a pointless exercise.

2/ Appeal opportunity is now gone, dead and buried, pushing up the daisies etc  You now either pay or wait to see if they want to chance their arm in court where you would DEFEND the claim.

HC, Rookie and b789.

Thanks for you opinions and advice, I very much appreciate you taking the time to reply.

Ill return if/when there are any developments.

Thanks again.