GROUP NEXUS CHARGE WHILST BROKEN DOWN IN MOTORWAY SERVICES, MISSED PAYMENT DEADLINE. PLEASE HELP

Groover95

Hello I'm looking for some help. 

I have received a Parking Charge reminder from Group Nexus (however i never received a first letter and i can see this has happened to other) the date of issue was 02.05.23 for the reminder however it has only arrived this week and now the 14 days to respond has past so the letter indicates it will go to debt collectors? Ive worked nearly 100 hours this week and have only just opened the post thats come this week but it literally left me a few days to respond even if i had opened it. 

The charge is from a service station as we went over the alloted time due to the engine over heating and not having recovery and needing to allow time to cool and seek advice. We were so stressed we never even saw the signs, i would have happily paid. The letter doesn't indicate at all how long we overstayed and as the service station is 4 hours away i have no way to check.

Is there anything i can do now or will this now just go to debt collectors? Please help after a frantic week im now exhausted and full of anxiety. Ive read over alot of the different threads but couldnt work an answer out for my case. 

B789

Whatever you do, do not tell anyone the identity of the driver. A simple appeal to Group Nexus with the following text is advised:

This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for driver details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an automatic win at POPLA. Therefore, please cancel the notice or issue a POPLA code at which point you will auto withdraw

B789

This may be a bit better (can be used for any non-PoFA compliant, BPA member appeal):

It is with great amusement that I compose this appeal, addressing the PCN [PPC] have issued to me as the Registered Keeper. It appears that [PPC]'s intellectual faculties have suffered severe malnourishment, as evidenced by the attempts to request driver details in a feeble effort to bypass the fact that the NTK does not comply with the requirements of PoFA 2012.

Allow me to enlighten [PPC], although I suspect it may be a futile endeavour given the evident lack of comprehension. In cases where there is no keeper liability, it is impossible for liability to flow from the driver to the registered keeper. Hence, this becomes an automatic victory at POPLA. I trust this elementary concept is within [PPC]'s limited grasp.

Now, I must insist that you promptly cancel the PCN or, in a highly unlikely twist of fate, provide a POPLA code. It is worth noting that the latter option would lead to an immediate withdrawal of the notice, as [PPC] would undoubtedly face an embarrassing defeat.

I shall patiently await your response, although I harbour no illusions regarding the level of intellect it may possess. Take your time, for I understand that it may require significant effort for [PPC] to process this appeal adequately.

Coupon-mad

You want to let it go to debt crawler letters.

And ignore them until a solicitor files a claim (in fact, to look reasonable, respond at LBC stage and show any evidence of the breakdown, if you have it).

Missing the laughable 'payment deadline' is a really good thing because it stopped you paying a scam that you'd win in court.

Was the registered keeper (who is receiving the letters) the driver, or not?

Groover95

I have responded with the above text as hope to get it squished before any threats of court, i suffer with my mental health and the idea of debt collectors or legal proceedings would make me very unwell. I appreciate your help and will return with a response. Thanks again!

B789

It's Group Nexus. It can't get to court as long as the drivers identity is unknown to them. If that letter doesn't get canceled then they will issue you a POPLA code and it will get finished there with a well-written appeal highlighting their non-PoFA ticket.

Coupon-mad

Please answer my question above.