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Cardinham Woods PL30
dangdoggy3
Posts: 4 Newbie
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?
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Comments
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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 Street2 -
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.5 -
Bloody fantastic! I used the 'not relevant land/byelaws' argument to win a court hearing a few years back for a Parking Charge issued for "parking" within a UK airport boundary. The presiding judge was unaware and complimented me on my preparation (though she was effectively complimenting the helpful folks on the old Pepipoo forum!).2
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