Hello users,
A couple months ago, I went to a Luton car park to watch a movie and as I left the car, I made a note of how to pay the parking ticket for once I'm back. They had no physical machines and did all payments online. As I made my way back to the car, I went online to pay the parking, reached the checkout and got a confirmation on the payment transaction screen. Before I paid, the website did ask for my number and/or my email which I gave but received no "Parking Paid" text or email so I just assumed this car park didn't do confirmations. Fast forward a month later, I get a PCN from GROUPNEXUS. I was 100% adamant that I paid the ticket and checked my transactions to get evidence for the appeal but instead I could not find it. I sieved through them all and it was not there. I was shocked as I could swear I 100% paid the parking and it's not like me to not pay either. I searched through my Safari history as I was sure it was there and lo and behold, there is a screenshot of me going to the website and being on the checkout page. The only thing I'm a bit bothered about is during the checkout screen, the confirmation came from the bank screen that usually shows up when you pay by card and the website itself didn't refresh to a confirmation therefore there's only a checkout page on my history. Is this strong enough to appeal/win in court with. I already appealed on the NEXUS website but the response I got was the standard response which had nothing to do with anything I said.
I'm not sure how to upload screenshots here so if anyone knows how I can upload the screenshot of my history, please let me know. Thanks and appreciate any help!
We also need to see the original PCN and the exact text of your appeal.
Here is the PCN that arrived:
https://pasteboard.co/sqi0wKNsYrAe.jpgHere is the appeal message I sent (and I also attached the screenshot of my history when appealing): "I am submitting this appeal as the registered keeper.
The driver parked at Luton Point Central on 21 November from 20:10 to 22:47. The driver made a genuine attempt to pay for parking through the website listed on the signage. They reached the ParkJockey checkout/payment confirmation screen, but the transaction did not complete. No payment was taken and no confirmation email was received, indicating a system failure.
Evidence is attached showing the driver accessed both the ParkJockey payment page and the checkout page on 21 November, during the parking session. This demonstrates a clear attempt to comply with the terms and conditions.
Under the BPA Code of Practice, operators must cancel a PCN where a motorist has made a reasonable and genuine attempt to pay but was unable to do so due to a technical issue.
On this basis, please cancel the PCN."
Hope this helps!
The document you have uploaded is a parking charge reminder - do you have the original notice?
I assume they have given you a POPLA code?
The good news is that they would not seem to be able to hold you liable as the registered keeper - if they wanted to do so, their notice would have to have complied with the requirements of Schedule 4 of the Protection of Freedoms Act 2012, and their notice does not appear to do so. Can you please show us the back so I can check that the missing info isn't contained on that page?
Then you should immediately reply back to them and ask for one.
There’s no way to even reach NexusGroup. Their number just takes you in circles, their rejection email says “You have now reached the end of our internal appeals procedure. This correspondence represents our final stance on this matter and we will therefore not go into any further correspondence”. What do I do now cause now i’m really confused.
Is this an okay email? Just making sure I get everything right:
"Dear Sir/Madam,
An appeal (for PCN: ****************) has been rejected; however, your rejection correspondence does not contain a POPLA verification code, despite stating that the matter may escalate to POPLA.
Please provide the POPLA verification code without delay so that the registered keeper may pursue independent appeal.
Regards,
The Registered Keeper"
Make clear that you are submitting a formal complaint about their failure to provide a POPLA code when rejecting your appeal.
UPDATE: They have given me a POPLA number so I am hoping POPLA will be in my favour. Any other advice is much appreciated!
I'm unsure on what argument to use for my POPLA argument. I'm not sure if I go along with the website error or along with the No keeper liability under the Protection of Freedoms Act 2012
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