Luton Retail Park PCN

scooter72

Whilst I go and get a photo of the parking area and contact the retail park owner...this is the template letter I was going to write for the appeal....

Dear Sir,

I received your letter Parking Charge Ref . 

I am the keeper of the vehicle CCC 1234  and I dispute your 'parking charge' and request an appeal using the following in supporting evidence.

In the first instance, your letter states:

" When your vehicle remained at this location"  - you infer that I own this vehicle. Do you have evidence of this?

As you have investigated, I am the KEEPER of the vehicle. There is no evidence that I own the vehicle. Your opening statement in your letter is merely an assumption and is misleading.

Though your letter states the time of entry and exit of the vehicle to the retail park, there is no information on the grace period offered at Luton Retail Park.

Ref Para 7(2)(b), there is a requirement that it is stated in the notice "parking charges relating to the specified period of parking have not been paid in full and specify the total amount of the unpaid parking charges relating to that period".

The letter only states that the driver "stayed longer than the maximum stay period" and is not specific about the period of parking which is free and which is chargeable. Your evidence must include the actual grace period agreed by the landowner.

According to POFA, Schedule 4 para 6, (https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/paragraph/6) a notice needs to be given to the Driver and to the Keeper or just the Keeper if the driver is not known by the creditors. 

Your letter dated 27 January is ambiguous (perhaps purposefully?) on how it is issued and whether it falls under Schedule 4 paragraph 8 or paragraph 9 - both of which have different requirements for the same Notice. 

Accordingly your Notice to Keeper (NtK), it does not fully comply with all the requirements of PoFA 2012 - including paragraph 9(2)(e)(i) / paragraph 8(2)(c) -  and you are unable to hold the keeper of the vehicle liable for the charge. GroupNexus is reliant on contract law allegations of breach against the driver only.

 

There will be no admission as to who was driving and, without any evidence, no inference or assumptions may be drawn. The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some interpretation of the law of agency. 

The issuance of this notice does not fall in line with the conditions set out in PoFA 2012. Partial or even substantial compliance is insufficient for GroupNexus to enforce a charge.

Furthermore, I deny any liability or contractual agreement in this regard and I will be making a complaint to Delancey and Metrobox (being the owners of Luton Retail Park) for GroupNexus for this imposition.

With what has been detailed, above, it is clear there is insufficient grounds or verification for GroupNexus to be successful in overturning my appeal through POPLA.

May I politely, and firmly, request that your PCN - in whatever guise it falls - be cancelled to avoid any wasted time and effort leading to a POPLA appeal.

With regards

Coupon-mad

Sounds too ChatGPT-like (which we truly hate. It can't write in normal English and can be spotted at twenty paces).

Just put your signs are rubbish and the retail  want it cancelled. Waste your money in POPLA if you like but I'll also be contacting my MP and won't be paying.

scooter72

Oh no......ok...I will dial it down....I promise I didnt use AI/ChatGP!!
Thanks
S

Coupon-mad

Oops sorry!

Too many long/flowery words looks like a bot!

scooter72

Hi

Thanks for the guidance.

Just to update - I put an appeal in to Group Nexus.

Interestingly, there were two check boxes on the first page - to confirm if I was either the driver or if I was accepting liability (I think..) as the keeper.  

I left them both blank....
I haven't had any success contacting the owners of the retail park...
S

Coupon-mad

Glad you left those blank.

scooter72

Hi, for an update, I appealed, but it was rejected. I received the following via email:

---------------------------------------------------------------------------------------------------------------------
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 Private Parking Sector Single Code of Practice and all relevant laws and regulations.


Clear signs at the entrance of this site and throughout inform drivers of the 3-hour limit, 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: www.groupnexus.co.uk/pcn

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

----------

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 http://www.popla.co.uk 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: 888888888888


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 (www.ombudsman-services.org/) 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,

CP Plus Ltd     
---------------------------------------------------------------------------------------------------------------------


I would like to appeal - and will use the argument that the letter(charge) I received was not compliant with POPLA in that there was no explicit instruction that the keeper could pay the charge. It is not even implied.

Many thanks
S

Coupon-mad

I wouldn't bother. That won't win at POPLA.

Just go into ignore mode until LBC stage.

See the fourth then second posts of the NEWBIES thread. 

scooter72

Hi Coupon-mad,
I started a letter for POPLA...

"Dear sirs,

I would like to contest the issue of a parking charge by Group Nexus to me, the registered keeper of vehicle registration XXXCCXC.

According to Group Nexus, the vehicle overstayed a free period of parking at DDDDDD Retail Park.

I have not indicated if I was the driver, and I am not in a position to give indication on who the driver was at the time.

However, I would offer that  PoFA 9(2)(e)(i) has not been complied with.

Paragraph 9(2)(e)(i) of Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) states that the Notice to Keeper (NtK) must include a specific invitation to the keeper to pay the charge. This requirement serves to ensure that the keeper understands their liability and has a clear course of action.

The law explicitly requires a clear and specific invitation for the keeper to either:

• Pay the parking charge, or

• Provide the name and address of the driver (if the keeper was not the driver).

The NtK from Group Nexus was not clear in this regard and they cannot simply rely on the fact that the Parking Charge Notice (PCN) is addressed to the Keeper to satisfy PoFA paragraph 9(2)(e)(i). 

Group Nexus cannot claim keeper liability under PoFA because they fail to meet the explicit requirements of 9(2)(e)(i)."

Any suggestions?
I'll check 4th and 2nd post of the newbies too...thank you

scooter72

Update - I read through Newbies thread for the next stage. I will reference the 'Preliminary Matter: The claim should be struck out' for Chan Akande when making appeal through POPLA. And take photos etc of signage. Though I will prepare for LBC....
TIA