Cardinham Woods PL30

dangdoggy3

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?

Umkomaas

Landowner complaint?  Otherwise await response. 

doubledotcom

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.

dangdoggy3

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!).

dangdoggy3

No further correspondence on this matter since the last post.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82095921#Comment_82095921

If you never received a reply to your appeal I would kill this one now, by emailing GN's complaints email and say you will escalate the matter to the BPA and will also show your evidence to the Competition and Markets Authority because almost a year without replying to appeal (at all) is hardly in keeping with the consumer protection doctrines of fairness and open dealing.

JimBobber90

https://forums.moneysavingexpert.com/discussion/comment/81679452#Comment_81679452

Sorry to hijack the thread, I'm in a similar boat (small claims defence part) with Cardinham woods and wondered if this still applies and should I add it?

Gr1pr

I would suggest that it still applies