Group Nexus parking charge

System

This discussion was created from comments split from: parking charge groupnexus.

2020pensioner

Hi. I also have a Group Nexus issue. I've studied all the Newbies stuff.

Multi outlet retail site. Clear notices displayed showing max 2 hours free. Photos indicate car exited after 2hrs 30. Letter is headed "Parking charge reminder - legal action pending". Charge £155, elevated as we supposedly haven't responded to 1st notice or reminder. We didn't receive either of those - this is the first we've heard about it. 

I've complained to M&S and Costa and the local council leader (who's intervened for other residents before).  Haven't appealed on GN site yet, as daughter is registered keeper and was driver and she's unlikely to want the stress/hassle or any risk of adverse credit refs. 

Can I appeal, stating I was temporary keeper (no admission re driver)? - I have subsequently bought the car from her. 

Is our assertion that the first two letters didn't arrive likely to hold water, if it ever went to court etc?

Thanks 

Fruitcake

You shouldn't be telling the world who was driving. PPCs read this forum. 

Plan A is always a complaint to the landowner and keeper's MP.

If that fails, then the registered keeper should appeal using the template in blue text, adding a one liner that the NTK is incapable of holding the keeper liable as it does not comply with the requirements of the PoFA 2012 so they should cancel now and save themselves money.

Coupon-mad

Daughter appeals as keeper, saying that the NTK is non-POFA in its wording and incapable of holding her liable.

Daughter wins, either straight away or at POPLA. Slam dunk 100% nailed on win for the keeper, as long as she is quick enough and doesn't ignore the NTK. And doesn't talk about the incident or who was driving.

If she doesn't appeal she'll be sued.  Doesn't affect her credit rating at all as long as she defends and follows all court directions & deadlines. It is defendable, but hassle.

Therefore, it is a no-brainer to appeal as registered keeper pointing out that this is a non-POFA case, so they can get lost.

If they reply asking who was driving, she ignores that.  The keeper cannot fail to win at POPLA, if she is in time.  It looks like your current thinking is putting her at risk of a court case. Don't call yourself the keeper when you weren't.

Before she sold the car to you, did her V5C have an old address on it?  That was an error if so, and would explain why she didn't get the NTK.  This was easy to win on appeal if her logbook had shown the right address and she'd received the NTK.

Are you saying she is past that stage? Was her address wrong on her V5C?

MSE_ForumTeam5

We've split this into a separate thread

2020pensioner

Thanks Fruitcake. That was a typo, during prepping and editing the message, attempting to make it logical and  intelligible. Will appeal now

Thanks also Coupon-mad.  Her address was correct on the V5C, so no problems on that score.  I'll get her to appeal, as suggested.

Coupon-mad

Ah, so why was there no NTK in the post?

She should complain to the BPA that GroupNexus sent no NTK.

2020pensioner

Also Coupon-mad, you say we need to ensure we appeal in time. How do I measure what's on time, when they indicate they'd sent earlier messages? Can we 100% treat the letter we've received as the 1st NTK?

2020pensioner

We've no idea why first two letters weren't received.  From reading other posts this isn't unheard of though?  Poor admin their end? Or attempt to rip off, by going straight to threats and bigger charge? Any specific suggestions apart from the BPA complaint?

KeithP

2020pensioner said:

We've no idea why first two letters weren't received.

The usual reason is that the keeper has failed to update their address on the vehicle's Registration Document(V5c).

Can you confirm that is not the case here?
Please check. Don't guess.

Fruitcake

If the address on the V5C is correct, then add a one liner to the appeal stating that the most recent letter is the first to be received so the keeper is treating it as the NTK. This may have to be done by email or post if the appeal portal rejects it. Do ensure that the no keeper liability point is highlighted, and that the driver's identity is never revealed.
Do still carry out Plan A as well as the landowner and MP complaints as well.

Although I have no proof, I am of the opinion that more post to or from PPCs fails to arrive compared with any other industry in the UK.