Help: Group Nexus refuses tenants request to cancel charge

Kamnak1234

Hi all, 
In Jan 2015 (yes 2015) I received a parking charge from highview which I naively appealed to highview (with a receipt of shopping, luckily I didn't identify the driver). When they refused to waive the charge I got annoyed and ignored it (unfortunately I was unaware of the forum back then).
Now in Nov 2020 I have received a Letter before Claim from their solicitors. After reading the forum and following the advice (getting a SAR, appealing to tenant on the shopping park with the receipt), I have come across a weird situation. The tenant of the retail park tried to get the charge removed for me but were told 'Unfortunately due to the stage that the Notice has now reached, tenants do not have the authority to request these cancellations. '.
Since court proceedings have not begun, surely they are lying?? 
Other important points, if the PCN was from Jan 2020, am I correct in saying they only have till 6 years after the date of PCN to launch a court case? Or does the letter before claim negate that?
What are my other options, could a complaint to the MP or a offer without prejudice work?
Many thanks!!

Kamnak1234

The other thing I wanted to add is that they gave me a popla number back in 2015, could trying that be an option?

Kamnak1234

Also just to edit the first post, I meant 'If the post is from Jan 2015'

Castle

Kamnak1234 said:

Hi all, 
In Jan 2015 (yes 2015) I received a parking charge from highview which I naively appealed to highview (with a receipt of shopping, luckily I didn't identify the driver). When they refused to waive the charge I got annoyed and ignored it (unfortunately I was unaware of the forum back then).
Now in Nov 2020 I have received a Letter before Claim from their solicitors. 

Who are they claiming is the parking company as Group Nexus and Highview are two separate companies.

BrownTrout

just wait the court claim which will come in due course....

Redx

They can issue the court claim prior to the 6 years deadline , hence why they are doing it

The SAR reply will give you a lot of what you need

The WS plus Exhibits stage will hopefully give most of the rest of what you need

So await your SAR reply plus the court claim pack from the CCBC in Northampton

Umkomaas

Kamnak1234 said:

The other thing I wanted to add is that they gave me a popla number back in 2015, could trying that be an option?

Not a snowball's chance. That code would have expired after 28 days.  Why didn't you use it then - it would almost certainly have resulted in POPLA telling Highview to cancel the ticket? 

Fruitcake

PoPLA codes last 32 days. I strongly suspect it will no longer be valid.

As far as the tenant/landholder being/not being able to cancel the charge, that will depend on what the scammer's contract said at the time of the alleged event and who it was with.
If it was with the landowner then the tenant will never have had the authority to cancel.
If the current tenant/landholder is not the same as the tenant/landholder at the time of the alleged event, then they will not have the authority to cancel.

As already advised, you will (should) get to see the contract at WS/Exhibits stage, provided you aver that the scammers had no authority to issue charges in their own name.

Start looking at the guide to court by bargepole in the second post of the NEWBIES ready for a court claim.
Use Google Street View and set the date slider to either side of that of the alleged event to see if there is anything useful there.

Please tell us the precise location in case it has come up here before. Do a search using the location name as well.

Kamnak1234

Thanks for the very helpful comments everyone. The client is Cp plus Ltd T/a Group Nexus.I recently got the Sar back however and the PCN was issued by highview which is what is confusing, I imagine the two companies may have merged. 
Additionally, the only thing the Sar came back with was the PCN, PCN reminder and my rejected appeal.
Is there any alternative to a court case? The registered keeper / person who I am writing on behalf of is my elderly father, and I don't want to involve him in any court issues. I am happy to pay a reduced amount / original value but the sum they are asking for (160 pounds) is simply extortion.

Redx

It's unlikely that they will accept less and a typical loss in Court is say £200

You could make a without prejudice offer in his name using his email address of £60 but I doubt they will accept it

This could have easily been killed off 5 years ago with 2 simple appeals to Highview and then to Popla , bad idea to ignore the rejected appeal popla code

Yes they have merged recently , or one has bought the other , who knows ?

Kamnak1234

That's true, I wish I had done the research back then.