POPLA refused two parking tickets from Highview Parking (GroupNexus)

ak_83

Currently have two parking tickets (from Dec 2024, weeks apart) for overstaying the 3 hour limit (3hr 47m, and 3hr 18m) at Hatters Way Retail Park. I was using the gym during this time and also purchased a drink at a cafe (both businesses are based at the retail park). I have already emailed the gym head office and branch manager, and also approached the cafe. I asked both to intervene or cancel the tickets if possible, but they were unable (or unwilling) to help. 

In previous instances under the same circumstances, the parking operator either cancelled the ticket entirely or reduced it to £20 upon first appeal. This time however, despite attaching screenshots of my gym entry/exit times and the coffee purchase as proof that I was a genuine customer of the site, the parking operator refused to cancel either ticket.  

I then appealed via POPLA primarily arguing that the parking operators previous decisions (cancellation or reduced fee of £20) suggested that this is their policy for genuine customers who unwittingly overstayed the limit, and that they are now behaving inconsistently by refusing to cancel this time round. POPLA responded last week with a refusal which means both tickets are now at £100 each with a 28 day time limit. POPLA argue that the previous cancellation/concessions were a "gesture of goodwill" from the operator and that the general terms and conditions take precedence. 

So, if anyone can help, my questions are: 

1. Should I pay the £100 for each ticket and put this to bed, or refuse to pay and wait? 

2. If I refuse to pay within 28 days, what will be their next step? Can they increase it beyond the current £100?

3. If it escalates to a debt collector:

• What is the maximum they can charge me? 
• Should I engage with the debt collectors at all? Is it worth telling them that the charge is disputed and that I reject their charge?  

4. What is the % chance that this will escalate to court? 

5. If the court decision goes their way, what is the maximum I could be charged per ticket?

Coupon-mad

Obviously you don't PAY!

Just read the 4th post then the 2nd post of the NEWBIES thread for what will arrive next and how to win in the end.

All of your questions are answered there.

Gr1pr

Meanwhile,  complain about them to the retail park management company,  landlord or the landowner,  because the retail park management company will have contracted with Group Nexus,  not the atual businesses 

ak_83

Gr1pr said:

Meanwhile,  complain about them to the retail park management company,  landlord or the landowner,  because the retail park management company will have contracted with Group Nexus,  not the atual businesses 

Thanks for the tip. A google search has resulted in multiple potential owners, but I've emailed all. 

I included all the details, explaining my frustration with the inconsistent behaviour and misleading conduct of the parking operator and how their charges are extremely unfair and punitive for paying customers at this retail park. I've asked them to intervene and speak to the parking operator and to get these tickets cancelled. 

Let's hope they respond and can do something!

Umkomaas

If it's a multi-outlet retail park, there's more than likely a managing agent involved, often having their name on the welcome plinth at the retail park entrance. If not, here's some standard advice I provide regarding determining who the car park owners are. 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £7 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

ak_83

Umkomaas said:

If it's a multi-outlet retail park, there's more than likely a managing agent involved, often having their name on the welcome plinth at the retail park entrance. If not, here's some standard advice I provide regarding determining who the car park owners are. 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £7 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

Hatters Way Retail Park. 3 Chaul End Ln, Luton LU4 8EZ. 

My searches online suggest that British Land once owned the retail park, and subsequently bought by Pradera/Tristan Capital, and managed by BNP Paribas at one point. I have emailed all four. 

I just checked Google streetview and it looks like the managing agent is currently Savills. 

Umkomaas

ak_83 said:

Umkomaas said:

If it's a multi-outlet retail park, there's more than likely a managing agent involved, often having their name on the welcome plinth at the retail park entrance. If not, here's some standard advice I provide regarding determining who the car park owners are. 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £7 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

Hatters Way Retail Park. 3 Chaul End Ln, Luton LU4 8EZ. 

My searches online suggest that British Land once owned the retail park, and subsequently bought by Pradera/Tristan Capital, and managed by BNP Paribas at one point. I have emailed all four. 

I just checked Google streetview and it looks like the managing agent is currently Savills. 

Savills are the most helpful MA in cancelling tickets for customers caught out in one of their retail parks. 

fisherjim

Umko is right, but it's a pity you just told POPLA what happened on the day, that is the trap they love you to fall in to.

Mitigation is supposed to be considered by the parking company, they never take any notice it makes no money.

Process, contract, the law and signage is all POPLA deal with, but they don't tell you that, and no one plays fair.

Debt collectors are dim and powerless they can't make money doing anything else but bullying people, but you have no proven debt so they can be ignored.

ak_83

Umkomaas said:

Savills are the most helpful MA in cancelling tickets for customers caught out in one of their retail parks. 

Savills just called me to say they have requested both tickets to be cancelled! However, the lady at Savills did say that they might get some push-back from Nexus. Not sure why/how Nexus could insist on charging if their client is asking for it to be cancelled. 

She also mentioned that they are aware of the parking issues at this retail park which suggests that many other customers have complained about being caught and penalised despite showing proof of purchase/custom. 

Anyway, I haven't received anything in writing so lets hope it goes well. 

Umkomaas

ak_83 said:

Umkomaas said:

Savills are the most helpful MA in cancelling tickets for customers caught out in one of their retail parks. 

Savills just called me to say they have requested both tickets to be cancelled! However, the lady at Savills did say that they might get some push-back from Nexus. Not sure why/how Nexus could insist on charging if their client is asking for it to be cancelled. 

She also mentioned that they are aware of the parking issues at this retail park which suggests that many other customers have complained about being caught and penalised despite showing proof of purchase/custom. 

Anyway, I haven't received anything in writing so let's hope it goes well. 

Decent progress, certainly in the right direction. Keep us posted, hopefully with a great outcome. 👍

ak_83

Update: Savills called me to say that they've received confirmation from Group Nexus that both tickets have been cancelled! I haven't received anything but I did take a look on the payment portal, and it looks like they have been cancelled. 





Identifying the landlord / managing agent, and emailing them with your case is definitely worthwhile. You should explain that you're a genuine customer who has been caught out by the parking company, and that you're not a random person misusing their car park. You should be prepared to show proof of custom such as receipts. 

Many thanks to this forum for your advice!