GroupNexus parking fine help

kitty5

Hi all
thank you for any help in advance.
I received this letter in the post yesterday (22nd May) for an overstay of 20minutes in a free car park on 06/05/2024.
I have had a quick look online and in the newbie thread and I’m still unsure of how to proceed. The date of issue on the form is 15/05/2024. However I believe it was posted after that as I only received it yesterday. I think they are being underhand. I’m going to attempt plan A first today as it is a retail park. However I didn’t buy anything as I was browsing.  I don’t have very long to do this though as I received the letter so late.  

Any advice? I definitely want to appeal if no luck with a Plan A. 

It is £60 if paid by 29th May. 100 after that. 

Thanks again everyone. 

Gr1pr

Definitely follow plan A 

The limit on the site is probably 3 hours, so the overstay is greater than allowed in section 13 of the BPA CoP version 9 

Was there a genuine reason for staying longer than allowed. ( Not excuses like browsing, not lost track of time )

The Beavis case covers overstays on free car parks, he lost, so you would need a better case or a failure under POFA 2012 than "just browsing" , as keeper, keeper has more possible options, driver doesn't 

kitty5

This is the signage. It wasn’t me driving, but I am the keeper. Any ideas? I’m reading the sign as 3 hours between 6-9 and an hour after 9pm. So in my mind the overstay was the 11 mins before 6. ? 

Gr1pr

Your best option is a quick complaint to Savills, in writing  , as seen on the sign above, trying to get Savills to cancel the PCN, as a valid customer , so plan A 

LDast

The NtK is not PoFA compliant in that there is no invitation to the keeper to pay the charge. PoFA 9(2)(e)(i) applies.

Because the NtK has not fully complied with the strict requirements of PoFA, they cannot transfer liability from the driver to the keeper. GroupNexus have no idea who the driver is unless the keeper divulges that information. There is no legal obligation or requirement for the keeper to identify the driver.

Just send this as an appeal to GroupNexus (verbatim):

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 9(2)(e)(i). As there is no keeper liability, therefore, liability cannot flow from the driver to the keeper and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.

kitty5

LDast said:

The NtK is not PoFA compliant in that there is no invitation to the keeper to pay the charge. PoFA 9(2)(e)(i) applies.

Because the NtK has not fully complied with the strict requirements of PoFA, they cannot transfer liability from the driver to the keeper. GroupNexus have no idea who the driver is unless the keeper divulges that information. There is no legal obligation or requirement for the keeper to identify the driver.

Just send this as an appeal to GroupNexus (verbatim):

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 9(2)(e)(i). As there is no keeper liability, therefore, liability cannot flow from the driver to the keeper and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw

 

I am really confused. I have circled in yellow where I think they have complied with the regulations?
Does this not comply? And I have grounds to appeal?

Coupon-mad

Concentrate on the Savills complaint first.

kitty5

Thanks everyone. I have sent a written plea to Savills. I threw what I could at it so fingers crossed! 

kitty5

kitty5 said:

Thanks everyone. I have sent a written plea to Savills. I threw what I could at it so fingers crossed! 

My email has been returned!!
Does anyone have any idea where I can find an email address for the property management at Savills please? Thanks 

KeithP

I think page four of this document will probably help you.

Found by googling ladymead savills.

LDast

kitty5 said:
I am really confused. I have circled in yellow where I think they have complied with the regulations?

Does this not comply? And I have grounds to appeal?

Just sticking in  bit of text saying you are notified under para 9(2)(b) blah blah, does not make it PoFA compliant. Have a look at para 9(2)(e)(i) yourself and then tell us if that requirement has been included on the NtK.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Omission is as important as inclusion.