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Cardinham Woods PL30

The Registered Keeper has received a Parking Charge from Group Nexus for an overstay at Cardinham Woods PL30. The Registered Keeper paid for 2 hours of parking, but overstayed by 50 minutes. The Registered Keeper wasn't the Driver.

The Registered Keeper appealed to Group Nexus, without identifying the Driver, and the appeal was response is still pending.

Someone has recently posted about the same car park: https://forums.moneysavingexpert.com/discussion/6611966/nexus-group-intimidation-tactics. Is there anything else to do at this stage, or just wait for the appeal response?

Comments

  • Umkomaas
    Umkomaas Posts: 43,712 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Landowner complaint?  Otherwise await response. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • doubledotcom
    doubledotcom Posts: 186 Forumite
    100 Posts Name Dropper Photogenic
    Cardinham Woods (PL30) is Forestry England (Public Forest Estate) land to which the Forestry Commission Byelaws 1982 apply. Because parking there is subject to statutory control by byelaws, it is not “relevant land” for the purposes of Schedule 4 of the Protection of Freedoms Act 2012. Keeper liability under PoFA therefore cannot be relied upon.

    See the Forestry Commission Byelaws 1982, Forestry England web page for Cardinham Woods and 
    FORESTRY ENGLAND CAR PARKING CODE OF PRACTICE- May 2020 which should tie that up for even the most moronic of POPLA assessors.

    Also, the Notice to Keeper (NtK) does not comply with PoFA, specifically paragraph 9(2)(h), because it fails to identify the creditor. The NtK is branded “GroupNexus”, whereas the site signage likely states “Managed and operated by CP Plus Ltd t/a GroupNexus”. GroupNexus Limited (company no. 15560549) is a separate company, incorporated on 13 March 2024. The paperwork and signage do not make clear which legal person is the creditor to whom any sum would be owed. That ambiguity is fatal to keeper liability.

    You can use that in your POPLA appeal when your initial appeal is rejected.
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