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Requested POPLA code to appeal denied because "Time limit expired"

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I received a series of PCN's from Group Nexus very late in the mail, I followed the stickes and appealed to them requested a POPLA code. 
Group Nexus replied back saying "Unable to consider your appeal as the time limit in which you had to submti it has expired and has been referred to our collection agent".
I have been receiving debt collector letters from Debt recovery plus and now CST law which I have not responded to as per the stickies suggested.
How can I appeal the ticket if they are not even giving me a chance to appeal with POPLA? I received the letters 2 months later than dated on their letters, probably due to covid mail issues in my area. 

Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Point that out, state that they ARE able to consider the appeal, it is only an internal choice to not do so, and this unreasonable behaviour in light of a global pandemic causign known mail disruption has been noted. 
    Yuo again ask that they consider the appeal and allow you access to Alternative Dispute Resolution (POPLA) if the appeal is refused
    If they do not allow you access to suitable ADR, further action including a court claim will be deemed unreasonable behaviour and you will seek your full costs on the indemnity basis when you win 
    Was the drivers identity revealed? Yes or No.
  • Castle
    Castle Posts: 4,790 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Do any of these PCN's involve Motorway Service Stations?
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
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    Point out to Group Nexus that the ADR Act 2015 states that access to dispute resolution should be available for not less than twelve months.

    Complain to your MP as well about this unregulated scam.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Umkomaas
    Umkomaas Posts: 43,376 Forumite
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    edited 23 July 2020 at 10:10PM
    You need to follow the group thread on CST cases. Other than the advice above, there is nothing to do unless/until a court claim is raised against you. If that happens, come back on this thread. If yours is a single ticket, a claim is unlikely (but as they have 6 years to pursue you through the court, we never say never). 

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
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    Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 


    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up later this year,

    Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.


    You never know how far you can go until you go too far.
  • Point that out, state that they ARE able to consider the appeal, it is only an internal choice to not do so, and this unreasonable behaviour in light of a global pandemic causign known mail disruption has been noted. 
    Yuo again ask that they consider the appeal and allow you access to Alternative Dispute Resolution (POPLA) if the appeal is refused
    If they do not allow you access to suitable ADR, further action including a court claim will be deemed unreasonable behaviour and you will seek your full costs on the indemnity basis when you win 
    Was the drivers identity revealed? Yes or No.
    Driver identity not revealed.
    I sent mails to group nexus telling the above and needing a POPLA code to appeal further, they send automated mails back saying to contact the debt collectors.
    I've contacted British parking associating and they came back with this

    Group Nexus is a member of our Approved Operator Scheme, which means that they must follow our Code of Practice (available on our website, under Public Advice).

     

    Our role is to investigate complaints about alleged non-compliance with our Code where evidence can be supplied. However, we are not set up to deal with individual disputes, nor can we cancel Parking Charge Notices.

     

    Motorists will have 28 days to appeal a Parking Charge Notice issued by a member of our Approved Operator Scheme, if they believe that it has been incorrectly or unfairly issued. When an appeal is received within this timeframe, the Operator will place the charge on hold, acknowledge the appeal within 14 days and issue an outcome within a total of 35 days.

     

    I appreciate that you explained you received Group Nexus’ correspondence at a later stage; however, it is not possible for us to comment on the time it has taken correspondence to reach its destination.

     

    On this occasion I’ve been unable to determine a breach of a clause in our Code of Practice and I’m afraid that we can’t assist you further with this matter.


  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
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    edited 12 August 2020 at 4:33PM
    "On this occasion I’ve been unable to determine a breach of a clause in our Code of Practice and I’m afraid that we can’t assist you further with this matter."

    The scammer's have breached the ADR Act 2015. The BPA don't consider this to be a breach of their CoP. This is one of the reasons why a new mandatory CoP in support of the government parking bill is being put out for public consultation, hopefully in the next week or two.

    No matter what else happens, please come back to this forum in a couple of weeks and make your own comments about the draft CoP. Get as many friends and family as possible to do the same.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Coupon-mad
    Coupon-mad Posts: 151,971 Forumite
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    edited 14 August 2020 at 8:23PM
    The BPA would say that, wouldn't they?  Please just continue on the group CST Law thread now.  Let's keep all CST Law boring stuff on one thread.

    Come back here only if you get a court claim, and we beg and plead with you (and everyone) NOT to update or ask us about tedious debt chaser letters along the way - no questions, no showing us letters unless you want to just paste them up on the CST Law group thread (not here) for the LOLs.

    The position at 'ignore the debt collector' stage is clearly set out in post #4 of the NEWBIES thread and hasn't changed in over a decade.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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