DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 12773--------------------------------------------------
PPC PCN Purley Way - Nexus
DIR By: Chaseman
Date: December 21, 2023, 12:44 pm
---------------------------------------------------------
Oh dear, "the driver" has been at it again, failing to take
note of parking restrictions. As per the PCN the car of which I
am the RK was parked for 3.5 hours from about 18.30 to nearly
22.00 on 6 Dec. The PCN does not say what the free parking time
allowed is and I cannot find it on GSV as that dates from 2018
when the PPC was different. "The driver" can't remember. I can't
see much of a way out of this one but am minded to contact Nexus
to ask them to specify the hours of control/free parking and
provide pics of the parking notices. After all, I was not the
driver and don't know. If I get a clear reply I think I will
probably have to pay up.
Anything else to be done? Unlike St Michael's Court the address
is pretty unambiguous. There is nothing on the PCN about POFA -
Nexus just says "please either pay up or if you weren't the
driver tell us who was and we will pursue them instead."
#Post#: 12789--------------------------------------------------
Re: PPC PCN Purley Way - Nexus
DIR By: Nosy Parker
Date: December 21, 2023, 5:28 pm
---------------------------------------------------------
Reading your question, I think you might have misunderstood
POFA. By not even attempting to engage POFA, Nexus has
forfeited the right to make a legal claim against the keeper.
This is not a marginal case like your wrongly decided St
Michael's Court case. This is a clear cut POFA fail that even
the dimmest POPLA assessor shouldn't be able to miss. And even
if POPLA gets it wrong again, Nexus will have a very hard time
trying to persuade an actual judge to find keeper liability.
On the basis that the keeper was not the driver, there is no
reason I can think of why the keeper should pay. If I were the
non-driving keeper I would certainly not write to Nexus asking
for information or arguing the toss about signage. I would bang
in a standard "POFA fail" appeal:
I appeal as keeper. I was not the driver. I am under no
obligation to identify the driver and I decline to do so.
You are unable to transfer the driver's liability (if any) to
the keeper as you failed to deliver a notice to keeper that
complied with the conditions for keeper liability contained in
Schedule 4 to the Protection of Freedoms Act 2012 ("POFA") and
it is now too late to deliver a POFA-compliant notice to keeper.
Specifically (and without limitation) your notice does not
include the mandatory invitation required by POFA paragraph
9(2)(e) or the mandatory warning required by POFA paragraph
9(2)(f).
The keeper is also entitled to all defences available to the
driver including (without limitation) inadequate signage and
lack of landowner authority.
I require you to cancel the charge or issue a POPLA code so that
POPLA can order you to cancel it.
#Post#: 12796--------------------------------------------------
Re: PPC PCN Purley Way - Nexus
DIR By: Chaseman
Date: December 22, 2023, 4:02 am
---------------------------------------------------------
Thanks Nosy that seems pretty definitive. I did not realise that
the POFA reference had to be adduced in the first communication.
I thought it went something like "we are sending you this letter
as RK, if you were also the driver then we are asking you to pay
up and if not please identify the driver". When I decline to do
so they come back with "Well if you won't identify the driver we
are pursuing you as the RK". Of course it was all different in
St Michael's Court - they made the POFA reference first and when
I said I was not the driver and declined to identify the driver
they sent another PCN that was not apparently issued under POFA
but the assessor ignored that and even when the PPC explicitly
said in evidence to POPLA that it was not issued under POFA, the
assessor decided it was a typo!
Anywhere, we are where we are with Nexus - if you believe the
failure by Nexus to adduce POFA in the first communication, and
my potential liability as the RK under it, is fatal to their
case then I will bang in the appeal you suggest. Interested also
in moderator's view.
#Post#: 12798--------------------------------------------------
Re: PPC PCN Purley Way - Nexus
DIR By: DWMB2
Date: December 22, 2023, 4:53 am
---------------------------------------------------------
--- Quote from: Chaseman link ---
>
> Interested also in moderator's view.
>
--- End Quote ---
For what it's worth, Nosy Parker is more legally qualified than
I am! But at any rate, I agree entirely with his points above.
Their notice doesn't include the necessary content required for
keeper liability under PoFA (compare your notice with what
9(2)(e) and 9(2)(f) state are required).
Usual caveat that you shouldn't lie and say you were not driving
if you were (and you also shouldn't tell us here), but no
compulsion to name the driver in any event. Nosy's appeal looks
good to me, covers the relevant points thoroughly and concisely.
#Post#: 12814--------------------------------------------------
Re: PPC PCN Purley Way - Nexus
DIR By: Chaseman
Date: December 22, 2023, 8:29 am
---------------------------------------------------------
Appeal made in Nosy Parker's form. I was not the driver -
spending 3.5 hours in Nando's yakking to a girlfriend not my
thing. "The driver" knows my views on ignoring parking signage.
Thanks Nosy Parker and DWMB for the assistance. I have learnt
something new following St Michael's Court. There it seems the
PPC got the original PCN right and then screwed it up later,
which the assessor ignored. In this case it looks as though they
have got it wrong ab initio viz "If you were not the driver then
let us know their name and address and we will send them this
Charge" sounds informal and matey and clearly does not reach the
threshold required by POFA Schedule 4.
I have had an acknowledgment back. Apparently they are receiving
"a high volume of correspondence" [wonder why?] but promise to
get back to me within 35 days. In the meantime the charge will
not increase. They can take as long as they like as far as I am
concerned!
#Post#: 12815--------------------------------------------------
Re: PPC PCN Purley Way - Nexus
DIR By: DWMB2
Date: December 22, 2023, 8:44 am
---------------------------------------------------------
--- Quote from: Chaseman link ---
>
> They can take as long as they like as far as I am concerned!
>
--- End Quote ---
If you haven't heard back within the 35 days mentioned then do
chase it up. You don't want a rejection to go missing and miss
your chance to go to POPLA.
#Post#: 12818--------------------------------------------------
Re: PPC PCN Purley Way - Nexus
DIR By: Chaseman
Date: December 22, 2023, 9:38 am
---------------------------------------------------------
Fair point thanks. Fingers crossed for a better outcome than St
Michael's Court assuming it goes to POPLA. Is there much
knowledge of Nexus on this site - I have never heard of them? It
seems that if I got their standard PCN to RK then all are
invalid in POFA terms if the RK was not also the driver.
#Post#: 12819--------------------------------------------------
Re: PPC PCN Purley Way - Nexus
DIR By: DWMB2
Date: December 22, 2023, 10:20 am
---------------------------------------------------------
--- Quote from: Chaseman link ---
>
> Is there much knowledge of Nexus on this site
>
--- End Quote ---
They pop up fairly frequently on most of the forums - they used
to trade as CP Plus. I think they started using the Group Nexus
name a few years ago now.
#Post#: 12900--------------------------------------------------
Re: PPC PCN Purley Way - Nexus
DIR By: Chaseman
Date: December 24, 2023, 7:31 am
---------------------------------------------------------
Ha ha, perhaps they got confused with a Corporal Punishment
website ;D
#Post#: 14960--------------------------------------------------
Re: PPC PCN Purley Way - Nexus
DIR By: Chaseman
Date: February 4, 2024, 6:43 am
---------------------------------------------------------
Appeal accepted and charge withdrawn. The e-mail came in just
before I went on holiday (15 Jan) and I did not get around to
posting at the time. Interesting that it is signed CP Plus and
not Nexus. Thanks Nosy Parker for your template.
--- Quote ---
> Dear Sir/Madam,
>
> Thank you for your correspondence relating to your Parking
Charge.
>
> Further to your representations, we have investigated your
claims and can confirm that your Charge has subsequently been
cancelled in full and no further action will be taken.
>
> Please disregard any letters received that predate this email.
>
> Yours faithfully,
> CP Plus Ltd.
--- End Quote ---
*****************************************************
Page 1 of 2
DIR Next Page