Nexus appeal confusing response

gt1990

I had parked at asda car park a few times in a row and paid each time by entering reg number however on my last parking attempt i had received a fine stating i had not paid and what not

I had appealed stating i had paid and provided bank statements showing the payments for each date i parked.

They have turned back with the following response which is new to me

The company is nexus but also highway View its confusing who is who


The beginning first two paragraphs are the response the rest are their standard copy and past terms. I just feel like they know they are at fault but dont want to pay their fees with dvla and want me to pay when i had paid the fees any advise will be greatly appreciated 


Dear Sir/Madam,

 

Thank you for your correspondence relating to your Parking Charge.

 

The Charge was issued and the signage is displayed in compliance with The British Parking Association’s Approved Operator Scheme Code of Practice and all relevant laws and regulations. While a parking fee was paid, we have been unable to locate a payment made for this vehicle registration or similar preventing a valid permit from being generated for this vehicle. We therefore believe a major keying error was made when your vehicle registration was entered or payment was made against an incorrect vehicle registration. In light of this, on this occasion, your representations have been carefully considered and rejected.

               

In accordance with paragraph 17.4 of the BPA Code of Practice, which states that “It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified”, on this occasion only we will accept the reduced amount of £20 in full settlement of this Charge to cover our costs in correctly issuing this Charge and we will hold the charge at this rate for 14 days from the date of this correspondence, after which the Charge will revert to the full amount.

 

Please find below the payment options:

 

Online: www.groupnexus.co.uk/pcn

By Telephone: Credit/Debit cards via our automated payment line: 0844 371 8784

By Post: Cheques or Postal Orders to: PO BOX 14836, London, NW3 1WT 

----------

You have now reached the end of our internal appeals procedure. This correspondence represents our final stance on the matter and we will therefore not enter into any further correspondence.

CORRESPONDENCE RECEIVED FOLLOWING THE REJECTION OF AN APPEAL WILL NOT CHANGE THE OUTCOME OR EXTEND THE DATE IN WHICH PAYMENT SHOULD BE MADE.

 

Although we have now rejected your appeal, you may still have recourse to appeal to Parking On Private Land Appeals (POPLA), an independent appeals service. An appeal to POPLA must be made within 28 days of the date of this correspondence. POPLA will only consider cases on the grounds that the Parking Charge exceeded the appropriate amount, that the vehicle was not improperly parked or had been stolen, or that you were otherwise not liable for the Parking Charge. To appeal to POPLA, please go to their website http://www.popla.co.uk and follow the instructions. If you would rather deal with this matter by post, please contact our Appeals Office and we will send you the necessary paperwork.

 

Your POPLA reference number is: 

 

Please note that if your appeal does not relate to the above criteria or is rejected by POPLA for any reason, you will no longer qualify for payment at the reduced rate. POPLA will not consider any cases where payment has been made.

 

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

 

Yours faithfully,

Highview Parking Ltd.

Coupon-mad

They are saying you typed in the wrong numberplate and they'll accept £20.

gt1990

Yes but they have not provided proof of the number plate even if it was  wrong i still paid to park there

Coupon-mad

We agree but you asked what it was all about:

"They have turned back with the following response which is new to me".

It's not new to us - so I was answering your query.  Explaining it.

I would do a POPLA appeal where the FIRST section is a paragraph telling POPLA that they say there was a 'major' keying error but failed to provide the machine & app logs to prove it.  And you think if it was anything it was a MINOR keying error and you put Group Nexus to proof by way of full machine/app payment logs (with all the matched VRMs partially redacted) leaving only the unmatched ones showing.

The appellant thinks it might have been (at most) a minor keying error - if anything, a single wrong digit - and the operator must prove it was a MAJOR keying error, in their evidence.  A 'whitelist look-up' for the correct VRM will clearly not suffice because this is a dispute about what level of 'keying error' the payment logs reveal.

Then add the usual POPLA template points about landowner authority and unclear signage, as already written and linked in the 3rd post of the NEWBIES thread. 

Group Nexus might give up.

If they contest it with an evidence pack DOWNLOAD AND SAVE THE FILES, especially the machine logs.  You will need them later for a court defence if you lose at POPLA.

Obviously you won't be paying anyway!

fisherjim

They will have provided photographic or anpr proof of the vehicle, and that's also how they found the keeper through the DVLA, but can't locate that number on their paid records from the ticket machine input, the £20 admin charge is what it is. You accept it or find a way of appealing it through POPLA, just saying you paid won't work.

gt1990

Thank you guys i will have to think it through and see which path is worth it to fight or to pay. Its just a shame how these companies cna just harass us into paying for something we are not responsible for 

Coupon-mad

gt1990 said:

Thank you guys i will have to think it through and see which path is worth it to fight or to pay. Its just a shame how these companies cna just harass us into paying for something we are not responsible for 

No, you don't need to pay.

It's disappointing when people wonder if it's worth the fight, when:

(a) Group Nexus are likely to give up if you do the appeal I suggested.  No cost to you.

(b) if not, they use DCBLegal for court claims, who ALWAYS DISCONTINUE DEFENDED CASES WITHOUT A HEARING.
No cost to you.

(c) the Government is changing the law (nearly done) and we think they are likely to reduce parking charges and ban the fake £70 added fees.  I've spent over three years (unpaid) attending every single Government meeting, and I did that to help shape the Code of Practice properly for consumer protection against a clear "market failure", and to open the DLUHC's eyes to the "outrageous scam" industry. And on this forum we regulars are all fighting hard for UK motorists in our own time (not just individual battles but the whole war).
No cost to you.

This is ALWAYS well worth fighting!

gt1990

I know it's a long ask i do want to fight it would it be possible for you to write the response for me and direct message it to me as i have no clue whre to start from so i can submit the appeal and update this thread on each response i get so everyone can use for future thank you

Grizebeck

No sorry its a self help forum
That's actually really lazy

Whatever2023

If you paid by card, give them the last 4 digits and they will be able to find the Reg you entered. 

Coupon-mad

Whatever2023 said:

If you paid by card, give them the last 4 digits and they will be able to find the Reg you entered. 

That's helpful. Thankyou.

You are an interesting new poster to be here from what seems to be (from your other posts) the other side of the fence but maybe you are keen to comply with the new statutory CoP and be one of the firms that improves the parking industry, plays fair and stops suing the pants off victims.

Some parking firms WILL go from strength to strength.  I'm not trying to kill off the whole industry, just the greed and aggression that MOST currently display.

The DLUHC had to be diplomatic about PPC World but I don't, as long as I post truth & fair opinion. Which I do.

It's not a few rogues in the bottom of the barrel, it's endemic rot, with very few that can't be fairly criticised for a rip-off business model.

The fact that it's almost always a model that acts like a 'protection racket' drags all the PPCs down to a low level of needing to issue PCNs.

That's anti-consumer abuse.  Completely wrong on all levels.  It must stop.  There are better ways to operate.

I expect you agree that's true ...?

I do want the roboclaim gits out, though. They are the problem. I hope they disappear because IMHO they have no place in small claims.  

Anyway. V u seful advice about the credit card.  Makes sense.