PCN Retail Park Help

Jellyfish0427

Hi everyone,

I’d really appreciate some advise on a PCN I’m dealing with:

• I have received a parking fine date back to end of April from GroupNexus following parking at a retail park.
• I was visiting the area and stopped for 30 minutes to pay for a coffee.
• I do not recollect seeing any signs stating payment was needed, it was an honest mistake & I was a paying customer.
• Since receiving the PCN, I’ve tried contacting the coffee retailer and the land agent, but so far I’m not getting any response.
• It’s now got to the point where I’ve received a letter from GroupNexus stating ‘Parking Charge Reminder – Legal Action Pending’ and the fine has gone up to £170.
• The letter says I no longer have the option to appeal. However, when I go to their online payment, I still have this option.
• The registered keeper (my partner) was not driving the vehicle. Therefore, my next plan is to appeal the fine and tick the box ‘to confirm that you were not the driver & the PCN you have received contains incorrect information’.
• I will be very careful not to name the driver on any appeals / communications with Group Nexus.

On the appeals form, I have to give a reason from a list of options. I've picked out below most relevant:

• I was not aware of terms & conditions
• Extenuating circumstances
• Other

I’m guessing I state ‘other’ – please advise.

There is also a box for further information. Is this where I should add in the following (taken from Newbies section):

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.
If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made – showing partial VRNs – and an explanation of the reason for the PCN, because your Notice does not explain it.
If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

Can someone advise how to best approach this please.

Coupon-mad

You can't appeal but the keeper (not you) can still transfer liability to you. Then you should be sent your own new PCN to appeal.

Jellyfish0427

Group Nexus have passed it onto DCL collections agency, so I have no right to appeal.

Can my partner still transfer liability to me through DCL?

What am I supposed to do next once it comes through to me?

Thanks

Jellyfish0427

That meant to read DCBL sorry. If my partner passes on liability to me, is that not admitting to the offence? What do I say on appeal?

LDast

It is too late to appeal as the keeper. However, the keeper can transfer liability for the PCN at any time up to the issuance of a county court claim. Once the keeper has named the driver and transferred liability the PPC must stop pursuing the keeper.

The PPC is now required to acknowledge the transfer of liability and should send a PCN (not an NtD) to the named driver. While the format of a PCN to a named driver after the issue of an NtK to the keeper is not specifically prescribed by law in the same way as an NtK, it should still provide clear and accurate information regarding the charge. It's important for the PPC to ensure that this communication meets the standards of transparency and fairness expected in such cases.

At a minimum the PCN must contain details of the alleged parking contravention, the amount of charge due and instructions for making payment or appealing the charge. Depending on which ATA the PPC belongs to, there may be requirements in the applicable COP of the process to be followed..