Nexus group parking charge

chippy1001

Hello all

I received a parking charge through the post from nexus for parking in an area I was unsure you had to input your registration. I received a letter. Following the advice of the newbie page I called the bingo hall. They told me to appeal. I appealed using the proforma of 

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.


They rejected this

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. 

Clear signs at the entrance of this site and throughout inform drivers of the need to pay or validate, and it is not possible to access any part of the premises without passing multiple signs. Your representations are not considered a mitigating circumstance for appeal.


They offered me to go to popla. 

A £60 fine for 1 hours parking is quite annoying. Is there anything I can do? 

porridgestation

Can you provide a scan of the parking charge letter (with personal details redacted)?

It's important to know if the parking charge was issued under Schedule 4 of POFA 2012. If not, only the driver can be held liable and cannot be legally transferred to the keeper.

What time of day did the driver park?

chippy1001

this was the letter. 

Thanks for your help. 

porridgestation

Definitely go to POPLA. You'll need to re-visit the car park after dark and see if their signage is readable in the dark. In February, 21:30 is definitely complete darkness with no light other than illuminated light.

If the signage is inadequate, unlit or just missing entirely, take photos of this and demonstrate to POPLA by appeal that, despite the PPC telling the keeper they 'clearly offered the driver contract to park' their signage was woefully inadequate and the driver must have been unaware of any offer/acceptance of a parking contract, as the requirement was not to pay for parking but simply to register the number plate. Therefore, the parking contract they claim the driver entered entered does not exist to issue a parking charge.

Their parking charge is based on the PPC offering the driver a contract to park by clear signage, and the driver accepting the offer to park on their terms and conditions.

If they fail to comply with clear signage...

BPA Code of Practice - Section 19.2
Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area. Entrance signs must tell drivers that the car park is managed and that there are terms and conditions they must be aware of. Entrance signs must follow some minimum general principles and be in a standard format. T

BPA Code of Practice - Section 19.3
Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand. Signs showing your detailed terms and conditions must be at least 450mm x 450mm.

Coupon-mad

The NEWBIES thread tells you to do POPLA and how to do it.  Did you miss that post?  It's the third post in the sticky.