Group Nexus PCN received - Hire vehicle

Fruitcake

Appeal as hirer using the relevant edna basher template letter you will find in the sticky Announcement for NEWBIES. Simply amend it to suit your case (change the name of the parking company etcetera).

If you haven't already, you should put the charge from Hertz in dispute as well. You should also put the charge in dispute with your bank/card issuer, telling them that it is a fraudulent charge.

Hertz are members of the BVRLA, so you should also complain to them that they have charged you for dealing with a penalty/fine from an authority when in fact they have received a parking charge notice from an unregulated private parking company, which is a breach of said hire agreement.

How did you get on with Plan A, a complaint from the hirer to the landowner and the hirer's MP.

Coupon-mad

This is already covered in the Newbies thread.

Silent9174

Thank you all, I will refer back to the newbies thread regarding the Edna Basher template and appeal it accordingly as hirer, regarding Plan A I contacted the parking centre for the specified car park and was told "my excuse was not valid" (that 'whoever was driving' could not purchase parking due to the terminals being out of order on the day), if you look at reviews of Group Nexus on google it is a common theme in other car parks, people have gone to the terminals to pay for parking, it has an out of order or shown a "you may leave today" words to that effect notice on the touch screen terminals, the driver exits the car park and after a few weeks receives a letter demanding a £70 payment.

Thank you again for your support.

Gr1pr

That is probably true with many parking companies, but your appeal is based on no hirer liability, nothing to do with the incident itself 

Remember, no blabbing about who was driving, its an appeal by the hirer, using the process for hirers, the Claimant must comply with the specific hirer section within POFA in order to invoke hirer liability, this never happens 

Silent9174

Le_Kirk said:

Silent9174 said:

Edit: Sorry, this is a notice to the alleged driver which has been sent because the hirer (keeper) has notified GN of the hirer details.

Alleged by whom?  How does anybody know the name of the driver, the hire company can only transfer liability to the hirer so you should have received a Notice to Hirer.

According to the wording of the letter, I have been alleged by the rental company, the rental company has wrongly named me as the driver, they have no idea who was driving the car at that time and neither does the parking company.  I will do as FruitCake advised and appeal as hirer only.

Silent9174

Hello guys so I will be sending the following to the PC via their online appeals process:


Dear Sir/Madam
Re: PCN No.
I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

My street
My Town

My Postcode

I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Civil Enforcement has no reason to contact Hertz (U.K.) Limited again regarding this PCN.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,

My name

source for template:  https://forums.moneysavingexpert.com/discussion/5703794

Just a question...

I've highlighted the wording "Your unremarkable and obscure signs were not seen by the driver", should I remove this?  As nobody knows who was driving therefore nobody is in a position to tell what the driver could or couldn't have seen.

Please could you let me know if this is good to go?  Or if I need to ammend/add anything as per my case?

Thank you so much!!

LDast

Did you receive a Notice to Hirer (NtH) in your name or are you trying to appeal based on a copy of the Notice to Keeper (NtK) sent to you by Hertz?

If you've received n NtH in your name then just use the following as your appeal and stop trying to be overly clever:

This is an appeal by the Hirer - 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 NtH does not comply with PoFA. As there is no Hirer liability, therefore, liability cannot flow from the driver to the Hirer and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.

Silent9174

LDast said:

Did you receive a Notice to Hirer (NtH) in your name or are you trying to appeal based on a copy of the Notice to Keeper (NtK) sent to you by Hertz?

If you've received n NtH in your name then just use the following as your appeal and stop trying to be overly clever:

This is an appeal by the Hirer - 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 NtH does not comply with PoFA. As there is no Hirer liability, therefore, liability cannot flow from the driver to the Hirer and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.

The registered keeper (Hertz) has named me as the driver, and GroupNexus has written to me based on that.

Sorry, not trying to be clever, I'm just not experienced at this sort of thing and dont want to mess it up.

I will use the template you gave me as it's straight to the point:  liability cant flow from the hirer to the driver.

Thank you.

Coupon-mad

liability cant flow from the hirer to the driver.

Yes it can and that's not what it says at all!

Silent9174

Coupon-mad said:

liability cant flow from the hirer to the driver.

Yes it can and that's not what it says at all!

Sorry!  Driver to the hirer!** Anyway I have submitted the appeal and will wait and see what happens now, thank you all!