GroupNexus PCN - Buzz Bingo Brighton

heisenberg25

Hi!

This forum has been of great help with information to dispute PCNs. I (the hirer) was informed of a parking charge by the car rental company and have since then received a notice from the parking company as well. Here are some pictures of the notice:

From what I understand, this is a Notice to Hirer, even though their notice doesn't explicitly say so and I can appeal using the Edna Basher template as their notice doesn't adhere to Paragraphs 13 and 14 of Schedule 4 of POFA. Does that seem right?

I'd also appreciate if someone can help me understand the timelines better:

1. 24/07/2025 - date of alleged parking

2. 08/08/2025 - date of issue on the notice sent to car rental company

3. 18/08/2025 - date on which hirer receives email from the car rental company about the parking charge notice and them forwarding the hirer's details to the parking company

4. 20/08/2025 - date of issue on the notice sent to the hirer

5. 26/08/2025 - date on which the hirer receives the notice in (4) without satisfying Schedule 4 Para 13, 14.

Am I right in understanding that the 21 day period mentioned under Paragraph 14(3) of Schedule 4 would mean 21 days from 19/08/2025 and therefore, I should appeal on 09/09/2025?

heisenberg25

Coupon-mad said:

I don't think it matters because OPS won't cancel and the IAS will side with them. Give it a whirl to keep them busy and certainly no paying!

Thanks for having a look! Why'd IAS be involved though? Reading the rear of the document I reckon the appeals would go to POPLA. Are you suggesting that POPLA's been denying claims on these grounds lately?

heisenberg25

I meant "denying appeals" above - can't seem to edit my comment

heisenberg25

Coupon-mad said:

OPS switched horses from the BPA to the IPC this year.  Show us both sides of the PCN. If it offers POPLA you could complain then report them to the CMA for a misleading action.

Sorry, I'm a bit confused. OPS? Is that supposed to be One Parking Solution? I think you're mistaking the parking company - it's GroupNexus/CP Plus as I've mentioned in the main post. I've attached the PCN in the main post of thread as well

Gr1pr

Appeal to POPLA as hirer based on non compliance with Pofa2012,  after reading a few popla appeals from other hirers and lessees 

Coupon-mad

Oops sorry I was convinced Buzz Bingo was OPS. I'm a Brighton lass and I'm pretty sure it used to be OPS there. 

heisenberg25

So I got a reply to my appeal which seems like an attempt to fish the driver's name:

Dear Sir/Madam,

Thank you for your correspondence relating to your Parking Charge.

We were informed by the registered keeper that you were the hirer of this vehicle at the time the Charge was incurred. Please forward either the full name and address details of the driver, or evidence that you were not the hirer on the date in question, so we can reconsider this case. 

We will hold the Charge at the current rate for a further 14 days from the date of this correspondence to allow time for you to do so.

Yours faithfully,CP Plus Ltd

> Dear Sir/Madam
> I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by GroupNexus as a Notice to
>Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding
>definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally
>challenge the validity of this PCN.
>
> You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order
>for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of
>reasons why GroupNexus’s Notice to Hirer did not comply with POFA; in order that you may understand
>why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

>Given that GroupNexus has forfeited its right to keeper liability, please confirm that you shall now cancel
>this charge. Alternatively, should you choose to reject my challenge, please provide me with details of
>the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference
>so that I may escalate the matter to POPLA.
>
>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.
>
>Your's faithfully,

I'm thinking of replying with the following:

This is an appeal by the hirer - No driver details will be given. Please do not try the usual 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.

Can someone please advise if that looks good?

Coupon-mad

Yes do that.

How dare they mislead a hirer like this!

"We were informed by the registered keeper that you were the hirer of this vehicle at the time the Charge was incurred. Please forward either the full name and address details of the driver, or evidence that you were not the hirer on the date in question, so we can reconsider this case."

That is plain scammery.  CP Plus hang your heads in shame.

heisenberg25

I checked the status today and turns out my PCN has been cancelled A huge thanks to this community!