Group nexus appeal rejected for overstay

stevo165

I appealed against a group nexus PCN using the newbie forum, it was for an overstay, the paperwork didn’t display the parking board displayed at the car park, not sure what my next step is. TIA

Gr1pr

Does the NTK PCN letter comply with POFA 2012. ?  Yes or No. ?

Was the driver revealed in the first appeal to GN. ,?  Yes or No. ?

POPLA is the second stage appeal, so GN should have given you a ten digit Popla code. ?

Somersetboy5

My wife received a parking ‘charge’ letter from Group Nexus for overstaying her time in a car park. I read all of the blogs/links about how to appeal, but in the end I thought I’d just get on and pay the £60 (reduced from £100 if paid quickly). Thankfully I couldn’t pay it! The relevant payment website wouldn’t accept my card - it didn’t refuse it but wouldn’t/couldn’t process it. I tried ringing the number given on the parking charge letter to pay over the phone but it just kept cutting of without ringing. I got so frustrated and so I thought ‘well I’ve tried, so now I’m going to appeal’
i used the exact wording as shown in the newbie section of the Group Nexus blog which read…….

Further Information

This is an appeal by the registered keeper. No driver details will be given. Please do NOT try the usual Group Nexus ploy of asking for driver details in order to get around the fact that 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 auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw. Several weeks later I received an email from them saying that no further action will be taken👍👏. i just want to thank the instigator of the original script - it worked for us!

Coupon-mad

Somersetboy5 said:

My wife received a parking ‘charge’ letter from Group Nexus for overstaying her time in a car park. I read all of the blogs/links about how to appeal, but in the end I thought I’d just get on and pay the £60 (reduced from £100 if paid quickly). Thankfully I couldn’t pay it! The relevant payment website wouldn’t accept my card - it didn’t refuse it but wouldn’t/couldn’t process it. I tried ringing the number given on the parking charge letter to pay over the phone but it just kept cutting of without ringing. I got so frustrated and so I thought ‘well I’ve tried, so now I’m going to appeal’
i used the exact wording as shown in the newbie section of the Group Nexus blog which read…….

Further Information

This is an appeal by the registered keeper. No driver details will be given. Please do NOT try the usual Group Nexus ploy of asking for driver details in order to get around the fact that 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 auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw. Several weeks later I received an email from them saying that no further action will be taken👍👏. i just want to thank the instigator of the original script - it worked for us!

Nicely done!

The OP has already appealed, though.

They haven't said what happened when they tried PLAN A from the NEWBIES thread, first.

stevo165

Thank you for your comments,

im not entirely sure if the letter complies with POFA 2012, I have attached the letter, it doesn’t have a copy of the signage in the letter,

on the appeal I did not identify the driver, I used the template from the newbie thread. 

They sent a reply rejecting the appeal and this was the response it gave me a POPLA ref number:

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 3 hours maximum stay, 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.

We confirm the Charge was issued under Schedule 4 of the Protection of Freedoms Act 2012. As no driver details have been provided, we are holding the registered keeper of the vehicle liable.

In light of this, on this occasion, your representations have been carefully considered and rejected.

We can confirm that we will hold the Charge at the current rate of £60 for a further 14 days from the date of this correspondence. If no payment is received within this period, and no further appeal to POPLA is made, the Charge will escalate and further costs may be added.

Please find below the payment options: 

Online:
By Telephone: Credit/Debit cards via our automated payment line: 0844 371 8784
By Post: Cheques or Postal Orders to: PO Box 1750, Northampton, NN1 9PN - made payable to CP Plus Ltd/Highview Parking Ltd
----------
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  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. You must pay the charge or appeal to POPLA, you cannot do both.

By law we are also required to inform you that Ombudsman Services 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,

The Appeals Team

Do I just send an appeal on the POPLA? 

It won’t let me attach the letter but this is what the letter says:

Having checked the vehicle details with the Driver and Vehicle Licensing Agency (DVLA), we are writing to you because you were the registered keeper at the time. In accordance with the Terms and Conditions clearly and prominently displayed and agreed to when your vehicle parked on our Client's property, the payment of £ 100.00 is required within 28 days from the date of this Charge. We will accept the reduced sum of £ 60.00 if payment is received within 14 days i.e. before 22/04/2024

You are notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the vehicle is required to pay this Parking Charge in full. As we do not know the driver's name or current postal address, if you were not the driver at the time, you should tell us the name and current postal address of the driver and pass this to them. Once this information is received, we will pursue the driver.

You are advised that if, after a period of 28 days beginning with the day after that on which the Charge is given (which is presumed to be the second working day after the Date Issued) the Parking Charge has not been paid in full and we do not know both the name and current address of the ariver we have the right to recover any unpaid part of the Parking Charge from you. This Charge is given to you under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under Schedule 4 of that Act.

Should you provide an incorrect address for service, we may pursue you for any Parking Charge amount that remains unpaid. Should you identify someone who denies they were the driver, we may pursue you for any Parking Charge amount that remains unpaid. Failure to pay the full amount within 28 days may result in the proceeding of debt recovery action and/or issuing court proceedings against you. Additional costs may be incurred.

If the vehicle was hired, please provide a signed statement confirming the hirer's name and address and a copy of the hire agreement.

Coupon-mad

But what happened when you tried PLAN A? 

No point trying POPLA for an overstay, but the retail park can obviously cancel it easily.

stevo165

I complained to the land owner but never received a response, the retail park has over 13 shops should I complain to one of the stores I visited?

Coupon-mad

Yes - the Store Manager can usually help.

Or the managing agents whose company name & contact is likely right there at the entrance of the retail park underneath the WELCOME plinth listing the retail units, near the barrier or threshold of the site.

stevo165

Yes it was the managing agents I complained to also. I told them if I visited every shop for just 15 minutes I would over stay the slotted time so it wasn’t reasonable. I will complain the the stores we visited, thank you for your responses 

KeithP

From the parking information on their website...

So you can't visit and not make a purchase??

Le_Kirk

KeithP said:

From the parking information on their website...

So you can't visit and not make a purchase??

Unreasonable (although it does state "may") - not every shopping trip ends with a purchase.  When I go shopping with Mrs Le_Kirk I take it as a success if we don't spend anything!