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#Post#: 111148--------------------------------------------------
Re: GroupNexus the gym group PCN
By: DWMB2 Date: February 25, 2026, 11:29 am
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I'm mindful of this not becoming a broader discussion that
ceases to become helpful to the OP.
The broad point I was seeking to make is that, in the absence of
any precedent, all members must be careful to avoid using
wording that suggests, either explicitly or by omission "this
argument will work".
[member=7581]Brenda_R2[/member] &
[member=6750]InterCity125[/member] may have different
experiences to me, as the court hearings they have attended
(whether as a defendant or otherwise) will have been in front of
different judges than mine. I have found that different judges
often take very different views on "technical" arguments.
As long as OPs are aware (and accordingly, those offering advice
ensure posters are made aware) that some arguments are more
well-trodden than others, and none are devoid of risk, that's
fine.
#Post#: 111408--------------------------------------------------
Re: GroupNexus the gym group PCN
By: Higym Date: February 27, 2026, 11:39 am
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Sorry for asking again but in the initial appeal can I use both
the non compliance with poFa argument AND also state the driver
is a gym member and attach proof of gym visit?
(To add, last night the error was made again, forgot to put reg
in whilst visiting gym! So expecting another letter soon)
What's the best advice really?
#Post#: 111409--------------------------------------------------
Re: GroupNexus the gym group PCN
By: Brenda_R2 Date: February 27, 2026, 11:43 am
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[quote author=Higym link=topic=10016.msg111408#msg111408
date=1772213960]
What's the best advice really?
[/quote]
Post 17
#Post#: 111413--------------------------------------------------
Re: GroupNexus the gym group PCN
By: Higym Date: February 27, 2026, 1:00 pm
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Thanks, any opinion on:
in the initial appeal can I use BOTH the non compliance with
poFa argument AND also state the driver is a gym member and
attach proof of gym visit?
#Post#: 111446--------------------------------------------------
Re: GroupNexus the gym group PCN
By: Brenda_R2 Date: February 27, 2026, 11:51 pm
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Just copy and paste Intercity125s post. Don't add to it, don't
remove anything from it.
To manage your expectations, you should expect your appeal to
fail. That isn't a reflection on the wording of the appeal but
the way of the world; if parking companies upheld valid appeals
their revenue stream would dry up.
#Post#: 111452--------------------------------------------------
Re: GroupNexus the gym group PCN
By: InterCity125 Date: February 28, 2026, 2:28 am
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[quote author=Higym link=topic=10016.msg111413#msg111413
date=1772218826]
Thanks, any opinion on:
in the initial appeal can I use BOTH the non compliance with
poFa argument AND also state the driver is a gym member and
attach proof of gym visit?
[/quote]
The reason to suggest a single appeal point is to ensure that
the operator (and then POPLA) have to address the non PoFA
issue.
If you pad the appeal out you present the operator with the
opportunity to skip past the awkward legal points and focus on
the subjective issues.
#Post#: 111462--------------------------------------------------
Re: GroupNexus the gym group PCN
By: Higym Date: February 28, 2026, 4:06 am
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Ok, if I am expecting the appeal to fail, can I not just ignore
this totally?
Any consequences if I just don't respond?
#Post#: 111467--------------------------------------------------
Re: GroupNexus the gym group PCN
By: InterCity125 Date: February 28, 2026, 4:25 am
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It will reflect better on the keeper if they are seen to engage
with the operator.
This is a very well worn path.
The parking operators have their methods which takes advantage
of the fact that they know how the legal system works and, as
such, they know how to 'play things' - we fight fire with fire
in that respect by following the well worn path in terms of how
handle things.
#Post#: 111474--------------------------------------------------
Re: GroupNexus the gym group PCN
By: DWMB2 Date: February 28, 2026, 4:51 am
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As above, essentially. Disputes over alleged debts can
eventually end up in court. You can just ignore things until
they end up in court and fight the matter there but there are a
few good reasons to engage at each stage:
[list type=decimal]
[li]You might win: whilst there's a good chance your appeals
will fail, you might succeed. If you don't appeal, they'll
definitely fail. [/li]
[li]You show you're up for a fight: parking companies don't take
100% of cases to court. There's always a chance that by showing
you're not an easy target they give up.[/li]
[li]You show you've been reasonable: courts expect litigation to
be seen as a last resort, and to that end, expect parties
involved in a dispute to take steps to resolve the matter
amicably, only going to court if that fails. By engaging now,
you can show that you have behaved reasonably[/li]
[/list]
#Post#: 111477--------------------------------------------------
Re: GroupNexus the gym group PCN
By: Higym Date: February 28, 2026, 5:00 am
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Ok, many thanks for explaining, sorrt for all the qs!
on the appeal website, do I choose as a reason 'i had permission
to park at the site' or 'other'
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