Help: Group Nexus refuses tenants request to cancel charge

Kamnak1234

Is there anything else in the Sar I should ask for other than the PCN and my correspondence with them?

Coupon-mad

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?

Yes, the keeper replying to the LBC on the last possible day (check the letter) and saying that he is seeking debt advice and asking for the claim to be put on hold for 30 days as per the PAP for debt claims.

This should be easy to 'time out' if you time that reply carefully.

You could also state that he is reporting Highview to the ICO for sharing data with CP Plus/Group Nexus who are not the data controller and have no business having, storing or processing the keeper's data.

Fruitcake

As above. Use something like the following words,

"I deny any debt. I am seeking debt advice and therefore, pursuant to Para 4.2 of the pre-action protocol for debt claims, I require you to suspend the action for 30 days."

The part in blue is a clickable link.

What is the date of the alleged event? You need to make sure they can't start a court claim until after 6 years from that date. After that the (alleged) debt will still exist, but the Limitations Act will prevent litigation to recover the (alleged) debt more than six years after that date. 
(It's five years in Scotland, and I believe the debt is actually wiped at that point as well).

If this delay won't get you over the line, then a day or two after you have sent the above, but before they have a chance to reply, request documents to assist your case. This could be for example, a request to supply a copy of the PCN upon which their client is relying. 

It's a grey area, but 4.2 of the PAP says,

4.2 If the debtor indicates that they are seeking debt advice, the creditor must allow the debtor a reasonable period for the advice to be obtained. In any event, the creditor should not start court proceedings less than 30 days from receipt of the completed Reply Form or 30 days from the creditor providing any documents requested by the debtor, whichever is the later.

Your first response would covered up to the words, "Reply Form" and your second request a little later would be covered by the part I have underlined. If you can send both requests by post without providing the scamlicitors with an email address, you will get an extra couple of days for you to receive the documents. Like I said, it's a grey area, but you would technically need to receive the documents for the scamlicitors to have actually provided them. Sticking them in the post will not have provided you with anything until it drops through your post box.

Weekends and public holidays always help in this type of situation as long as you get your requests to them in time, as does the Interpretation Act 1978 combined with the Practice Direction [1985] 1 All ER 889.

Items sent first class are deemed to have arrived on the second working day after posting, and on the fourth working day if posted second class.

Send your documents first class from a Post Office counter, making sure you get the all important proof of posting. Do not send anything that needs to be signed for in your contact with them.

Kamnak1234

Thanks guys. 
The alleged date was 10th Jan. I got an acknowledgement of reply form with them saying they are holding my case on trial for 30 days from yesterday on 1st Dec, meaning I have till Wed 30th Dec. 
Their Letter of claim did make mention of the document piece! Unfortunately I've already used the Sar to get the PCN. Is there any other document I can ask for ? E.g contract with Landowner, or proof that Group Nexus have authority to charge on behalf of highview?
Many thanks

Fruitcake

What a shame you weren't able to wait another week before requesting things be put on hold.

If the SAR went to the scammers and they provided a copy of the NTK, ask the scamlicitors for a copy, and the reminder if there was one, the contract of authority (pointing out this must be with CP Plus Group Nexus and the Landowner), proof that Highview were owned by CP/Nexus, proof that they are the same company because they have different Company Numbers according to Companies House (quote the company numbers), see upon what date Highview and CP Plus/Group Nexus were incorporated, a map of the site and photos showing the vehicle was within that controlled area, images of the signs at the time of the alleged event showing they were capable of forming a contract with the driver, their shoe size, their O-level certificates, their Ten Metre swimming certificates, anything at all that they intend to rely on to prove their case. 
Send this to arrive on the eleventh of this month and include a copy of the CPR I quoted above, highlighting the last few words in bold.

If they have added anything to the original charge (except court allowed fees) ask them to justify them since the PoFA, the Judges in the Beavis Supreme court case, and the CRA all say they can't add anything.

Ralph-y

allso get in writing the conformation that the PCN was asked to be canceled.

"The tenant of the retail park tried to get the charge removed for me"

Ralph

Fruitcake

Ralph-y said:

allso get in writing the conformation that the PCN was asked to be canceled.

"The tenant of the retail park tried to get the charge removed for me"

Ralph

Or perhaps, "The Landholder/Tenant of the retail park requested (or instructed if that was the case) the charge to be cancelled."

That request (instruction) should contain your personal data so even if other parts of the request/instruction have been redacted, it should be supplied as a result of the SAR and should be included along with the reasons why it was refused, and proof that the contract with the landholder/tenant permitted them to refuse such a request/instruction in your request for documents from the scamlicitors.

If you know the scammers hold personal information about you that hasn't been supplied, then complain to the scammers, and also request that information from the scamlicitors in a week's time.

Coupon-mad

Kamnak1234 said:

Thanks guys. 
The alleged date was 10th Jan. I got an acknowledgement of reply form with them saying they are holding my case on trial for 30 days from yesterday on 1st Dec, meaning I have till Wed 30th Dec. 

You have not said what you said in reply or whether you yet stated that you are seeking debt advice.  DON'T SAY THAT YET, STOP RUSHING!

Kamnak1234

Hi everyone, happy new year! As a quick update I reached out to them on the 13th with proof of posting. However I have not heard back and the 30 day hold expired after wed 30th Dec. Should I reach out to them again to confirm receipt? 

Coupon-mad

''reach out''? 

Are we in America?