Group Nexus 3 Hr Free, No return within an hour Parking Charge

FlowerLoz

Hi Lovely Forum Experts

Please can you help me appeal this parking charge I received today from Group Nexus?

Date of charge  26th May 2023
Date of Issue 22nd June 2023 and received today , 5th July 2023
They state, as we have not replied to previous letter, charge is now with no early pay discount.  We never received this first letter.

Parking is 3 hour maximum for free, with no return within 1 hour.

The letter states we were 3hours 20 mins in the carpark.

What has happened is the registered keeper has entered the carpark and left maybe an hour and a half later.  Half an hour after that, a different driver has taken the same car in the same car park for an hour and maybe a half, as this is a shared car. 

The photos do not show a clear image of the drivers and when we go online in the appeal section, there is no image available. 

I looked at the terms and conditions on their site and it states......

.........blah blah....establishes a contract which any driver of a vehicle staying in the car park agrees to.  

It puts the responsibility on the driver and not the car..  So I am thinking that this ticket does not apply as each driver did not stay over the 3 hour maximum or did not return within the hour. 

Please help me correctly appeal this ticket. 

I thank you all in advance. 

Coupon-mad

The KEEPER appeals and states:

You didn't bother to post the 'original' PCN did you?  Nice trick, just sending a Reminder to panic people.  Seems to be a pattern. Want me to report that to the BPA?

What has happened on the day in question is that the registered keeper has entered the car park and left maybe an hour and a half later.

Half an hour after that, a different driver has taken the same car in the same car park for an hour and maybe a half, as this is a shared car.   There was not one 'period of parking' and one driver; there were two parking events.  Different people.

A different driver means no breach occurred.

You have failed to carry out any human checks as required by the BPA to avoid pairing two visits together as one.  The DLUHC has included a duty to avoid 'double dip' PCNs like this in their imminently re-introduced statutory Code.  When are you planning on complying, Group Nexus?

Cancel it and apologise for invading my privacy and buying my DVLA data without reasonable cause, or send me a POPLA Code.  You'll lose because this isn't one period of parking and the second driver breached no 'relevant contract' - so 'keeper liability' under the POFA cannot apply.

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NB:
(If appeal is not open to you due to the time gone by, Google search their Complaints procedure and use that to put the above to the greedy gits instead)

FlowerLoz

Coupon-mad said:

The KEEPER appeals and states:

You didn't bother to post the 'original' PCN did you?  Nice trick, just sending a Reminder to panic people.  Seems to be a pattern. Want me to report that to the BPA?

What has happened on the day in question is that the registered keeper has entered the car park and left maybe an hour and a half later.

Half an hour after that, a different driver has taken the same car in the same car park for an hour and maybe a half, as this is a shared car.   There was not one 'period of parking' and one driver; there were two parking events.  Different people.

A different driver means no breach occurred.

You have failed to carry out any human checks as required by the BPA to avoid pairing two visits together as one.  The DLUHC has included a duty to avoid 'double dip' PCNs like this in their imminently re-introduced statutory Code.  When are you planning on complying, Group Nexus?

Cancel it and apologise for invading my privacy and buying my DVLA data without reasonable cause, or send me a POPLA Code.  You'll lose because this isn't one period of parking and the second driver breached no 'relevant contract' - so 'keeper liability' under the POFA cannot apply.

------------

NB:
(If appeal is not open to you due to the time gone by, Google search their Complaints procedure and use that to put the above to the greedy gits instead)

Thank you Coupon Mad, you wonderful human.  My elderly mother is very grateful for your help xx

Fruitcake

Plan A is always a complaint from the keeper to the landowner and their MP.

Do complain to the BPA and DVLA if this isn't cancelled.

If the vehicle is fitted with a dashcam, or one or both of the driver's had location tracking enabled on a smartphone, then say so in your complaints that you have proof this was two separate visits. Download and save the data anyway in case you need it for a PoPLA appeal.

FlowerLoz

Thanks to Coupon Mad and Fruitcake for your advice.  Here is my appeal to the greedy Group Nexus.  I read through all the BPA and DLUHC details as well :-

1) Never received the original PCN. Date of issue 22/06/23 and received a reminder on 05/07/23.  Law states you have to give 28 days between PCN and reminder. This is not 28 days, especially after it takes time to obtain my data from the DVLC.  I believe you have a habit of this and the BPA should be notified of this scare tactic.

2) This car is shared and the total time in the car park is not accurate as on this occasion, the first driver entered the carpark as per the time stated then left an hour and a half later.  Half an hour or so after this, a different driver entered the carpark, stayed for over an hour.

Use of photographic evidence regarding double dipping - as this car is shared by multiple drivers and this car left the car park and a second driver entered the carpark later, the breach does not apply here as you have failed to manually check this as per the DLUHC code. 

3)  Even if the car was parked for the full 3 hours 20 minutes with one driver, which is WAS NOT, you have also failed to give the legal grace period of a minimum of 10 minutes either side of the parking,  10 minutes when entering to read the signs and decide whether to stay and a further 10 minutes to allow for queuing before exiting, as this carpark is known for.  You need to stop this over zealous charging.

That's 3 separate points you have failed on .  I have read the DLUHC, the BPA and your codes of conducts thoroughly and these 3 points are serious breaches for you with the BPA

I suggest this nonsense parking charge is cancelled with immediate affect and an apology given for invading my privacy and gaining my data from the DVLC with no reason.  Maybe I should put in a complaint regarding GDPR on this matter as you had no reason to obtain my data if you had followed the rules for manually checking for double dipping and/or ignoring grace periods. 

I will be notifying the landowner of these issues.
Your prompt reply is needed.

Coupon-mad

Law states you have to give 28 days between PCN and reminder.

There is no law on reminders.

But if you mean you are looking at para 8 of Schedule 4 of the POFA I suspect you are looking at the wrong part, because the first PCN wasn't a windscreen one.

patient_dream

Fruitcake said:

Do complain to the BPA and DVLA if this isn't cancelled.

I agree, complain to the BPA .... BUT, what notice will be taken considering Group Nexus is one of the so called BPA Council Representatives, a clear Cartel who appear to be running the BPA

Something I will point out when this overdue consultation shows it's face