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Does this Group Nexus NTK Comply with POFA

Yes or no pls :):)
It if does not then please advise as to why
thanks :)

Advocate in the County Court dealing with a variety of cases, attending the courts in the North East and North Yorkshire
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Comments

  • Coupon-mad
    Coupon-mad Posts: 137,202 Forumite
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    CP Plus normally only send an attempt at a POFA NTK in cases where they reckon they served a windscreen PCN first. So, if this is issued under POFA para 8 - a month later than the event - then I would say it DOES NOT comply:

    8(1) A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.

    (2) The notice must—

    (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

    (b) inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

    (c) state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b)(c) and (f);

    (d) if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is—

    (i) specified in the notice to keeper, and

    (ii) no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));

    (e) state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

    (i) to pay the unpaid parking charges; or

    (ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

    (f) warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

    (i) the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and

    (ii) the creditor does not know both the name of the driver and a current address for service for the driver,

    the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

    (g) inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

    (h) identify the creditor and specify how and to whom payment or notification to the creditor may be made;

    (i) specify the date on which the notice is sent (if it is sent by post) or given (in any other case).

    (3) The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).

    (4) The notice must be given by—

    (a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

    (b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

    (5) The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

    (6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

    (7) When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.

    (8) In sub-paragraph (2)(g) the reference to arrangements for the resolution of disputes or complaints includes—

    (a) any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter contained in it; and

    (b) any arrangements under which disputes or complaints (however described) may be referred by the keeper to independent adjudication or arbitration.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Grizebeck
    Grizebeck Posts: 3,376 Forumite
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    I should add there was no windscreen ticket first
    Advocate in the County Court dealing with a variety of cases, attending the courts in the North East and North Yorkshire
  • Fruitcake
    Fruitcake Posts: 58,701 Forumite
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    Did it arrive by day 14?
    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
  • Grizebeck
    Grizebeck Posts: 3,376 Forumite
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    Fruitcake said:
    Did it arrive by day 14?
    Yes it did

    Advocate in the County Court dealing with a variety of cases, attending the courts in the North East and North Yorkshire
  • Jenni_D
    Jenni_D Posts: 5,168 Forumite
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    edited 17 August 2022 at 11:38AM
    If this is the first notice and there wasn't a NTD then check it vs section 9 of POFA. (Section 6 determines whether it is S8 or S9 that needs to be read).

    You've only shown us the front of the NTK - also check for anything relevant on the back.

    6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)—

    (a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8; or

    (b)has given a notice to keeper in accordance with paragraph 9.


    9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

    (2)The notice must—

    (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

    (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

    (c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;

    (d)specify the total amount of those parking charges that are unpaid, as at a time which is—

    (i)specified in the notice; and

    (ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));

    (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

    (i)to pay the unpaid parking charges; or

    (ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

    (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

    (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

    (ii)the creditor does not know both the name of the driver and a current address for service for the driver,

    the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

    (g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

    (h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;

    (i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case).

    (3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).

    (4)The notice must be given by—

    (a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

    (b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

    (5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

    (6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

    (7)When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.

    (8)In sub-paragraph (2)(g) the reference to arrangements for the resolution of disputes or complaints includes—

    (a)any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter contained in it; and

    (b)any arrangements under which disputes or complaints (however described) may be referred by the keeper to independent adjudication or arbitration.

    Jenni x
  • Coupon-mad
    Coupon-mad Posts: 137,202 Forumite
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    edited 17 August 2022 at 1:07PM
    That's annoying. It's clunkily worded but I think it complies with para 9.

    First one I've seen from CP Plus where they've included that wording on a postal PCN that didn't follow a windscreen ticket.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Grizebeck
    Grizebeck Posts: 3,376 Forumite
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    That's annoying. It's clunkily worded but I think it complies with para 9.

    First one I've seen from CP Plus where they've included that wording on a postal PCN that didn't follow a windscreen ticket.
    Its one of those so call "manual ones" , so not normal anpr ones, 
    Advocate in the County Court dealing with a variety of cases, attending the courts in the North East and North Yorkshire
  • Coupon-mad
    Coupon-mad Posts: 137,202 Forumite
    First Anniversary First Post Photogenic Name Dropper
    edited 17 August 2022 at 1:14PM
    Thought so. Had to be a person with a camera for that contravention.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • classix
    classix Posts: 48 Forumite
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    This is the exact letter that I received, only difference being in my case the driver either incorrectly inputted their details into the in store tablet (customers get free unlimited parking) or it was faulty. Which part of POFA would apply to my case?
  • What you need to understand is that GROUP NEXUS is nor some huge outfit to be afraid of.  Group Nexus is only a two man band

    https://find-and-update.company-information.service.gov.uk/company/11309569/officers

    CP PLUS use the infamous discontinue legal DCBL ... not certain why ?  

    DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

    https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

    PLAY THE SCAM GAME WITH US...  AND ENJOY
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