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#Post#: 17901--------------------------------------------------
Group Nexus PCN
DIR By: privates
Date: March 21, 2024, 3:58 am
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Hi,
Any grounds of appeal for the following?
'Charge has been issued as you either did not validate your
parking through the parking terminals, or we do not have
evidence of a sufficient payment to cover full duration'
HTML https://ibb.co/ZT7RT8q
HTML https://ibb.co/Qf1mJff
Location :
HTML https://www.google.com/maps/@52.5213892,-1.9903237,3a,75y,333.5h,87.77t/data=!3m7!1e1!3m5!1sRIKXZ-10WVEkIaandx4ycQ!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fpanoid%3DRIKXZ-10WVEkIaandx4ycQ%26cb_client%3Dmaps_sv.tactile.gps%26w%3D203%26h%3D100%26yaw%3D4.0546145%26pitch%3D0%26thumbfov%3D100!7i16384!8i8192?entry=ttu
Thanks
#Post#: 17902--------------------------------------------------
Re: Group Nexus PCN
DIR By: b789
Date: March 21, 2024, 4:15 am
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You will note that on the NtK it says the the charge is given to
you under paragraph 9(2)(f) of PoFA and is subject to them
complying with the applicable conditions under Schedule 4 of the
Act. Whilst it is unlikely that the operator will cancel the PCN
for the following reason, POPLA have and should cancel it, as
long as you only appeal as the keeper. Do not identify the
driver or dob yourself in it by saying things like "I drove...".
They have failed to fully comply with the strict requirements of
PoFA by omitting the following element of paragraph 9(2)(e)(i).
--- Quote ---
> A notice which is to be relied on as a notice to keeper for
the purposes of paragraph 6(1)(b) is given in accordance with
this paragraph if the following requirements are met.
>
> The notice must - state that the creditor does not know both
the name of the driver and a current address for service for the
driver and invite the keeper — to pay the unpaid parking
charges.
--- End Quote ---
Read it for yourself here:
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted
By having failed to fully comply with the requirements of PoFA,
they cannot hold the keeper liable. Only the driver is liable
and they have no idea who is the driver unless the keeper admits
to having driven or provides the actual drivers details (throw
the real driver under the bus).
#Post#: 17907--------------------------------------------------
Re: Group Nexus PCN
DIR By: The Rookie
Date: March 21, 2024, 4:30 am
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--- Quote from: privates link ---
>
> 'Charge has been issued as you either did not validate your
parking through the parking terminals'
>
--- End Quote ---
This language is designed to entrap, clearly 'you' here is the
keeper and it was the driver who failed to do as alleged.
#Post#: 17931--------------------------------------------------
Re: Group Nexus PCN
DIR By: privates
Date: March 21, 2024, 7:38 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> You will note that on the NtK it says the the charge is given
to you under paragraph 9(2)(f) of PoFA and is subject to them
complying with the applicable conditions under Schedule 4 of the
Act. Whilst it is unlikely that the operator will cancel the PCN
for the following reason, POPLA have and should cancel it, as
long as you only appeal as the keeper. Do not identify the
driver or dob yourself in it by saying things like "I drove...".
>
> They have failed to fully comply with the strict requirements
of PoFA by omitting the following element of paragraph
9(2)(e)(i).
>
> [quote]A notice which is to be relied on as a notice to keeper
for the purposes of paragraph 6(1)(b) is given in accordance
with this paragraph if the following requirements are met.
>
> The notice must - state that the creditor does not know both
the name of the driver and a current address for service for the
driver and invite the keeper — to pay the unpaid parking
charges.
--- End Quote ---
Read it for yourself here:
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted
By having failed to fully comply with the requirements of PoFA,
they cannot hold the keeper liable. Only the driver is liable
and they have no idea who is the driver unless the keeper admits
to having driven or provides the actual drivers details (throw
the real driver under the bus).
[/quote]
Draft:
To whom it may concern,
I challenge this PCN on the basis that on the NtK it says it is
given to me under paragraph 9(2)(f) of PoFA and is subject to
them complying with the applicable conditions under Schedule 4
of the Act. You have failed to fully comply with the strict
requirements of PoFA by omitting the following element of
paragraph 9(2)(e)(i).
Shall I send this draft through?
#Post#: 17935--------------------------------------------------
Re: Group Nexus PCN
DIR By: b789
Date: March 21, 2024, 8:17 am
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No. That is not worded appropriately. Additionally, you have not
included a question about the ambiguity of their reasonable
cause of action. What evidence do they have that the driver
didn't validate a parking session through the parking terminals,
or why they cannot evidence a payment to cover full duration of
a parking session. Is it one or the other?
You should start the appeal stating that you are appealing as
the keeper:
1. I appeal as keeper. I am under no legal obligation to
identify the driver and I decline to do so.
2. You have purported to invoke the statutory procedure for
keeper liability under Schedule 4 to the Protection of Freedoms
Act 2012 (PoFA). However, you have failed to comply with the
strict requirements of PoFA paragraph 9(2)(e)(i) which states:
--- Quote ---
> A notice which is to be relied on as a notice to keeper for
the purposes of paragraph 6(1)(b) is given in accordance with
this paragraph if the following requirements are met:
>
> The notice must - state that the creditor does not know both
the name of the driver and a current address for service for the
driver and invite the keeper — to pay the unpaid parking
charges.
--- End Quote ---
3. As there is no legal presumption that the keeper of a vehicle
was its driver (as opposed, for example, to being a passenger)
on any particular occasion, GroupNexus is unable to pursue me as
driver.


4. GroupNexus have not evidenced any reasonable cause for
requesting the keepers data from the DVLA. An ambiguous
allegation that the driver did not validate a parking session
through the parking terminals or why GroupNexus cannot evidence
a payment to cover full duration of a parking session does not
satisfy the criteria for a reasonable cause of action according
to the KADOE rules. I will be making a complaint to the DVLA
about this.
5. Furthermore, GroupNexus has failed to including evidence of
the signage that is purported to have given rise to a contract
by conduct. Neither has GroupNexus shown that it has landowner
authority to issue PCNs in its own name.
6. The inadequate signage and lack of evidence of landowner
authority evidence shows that GroupNexus have failed to
adequately prove that the driver is liable. As the keeper, I
reserve the right to expand on these points at POPLA should
GroupNexus fail to cancel this PCN.
#Post#: 20011--------------------------------------------------
Re: Group Nexus PCN
DIR By: privates
Date: April 19, 2024, 1:50 pm
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I have received a Parking charge reminder but no reply to the
appeal..
#Post#: 21305--------------------------------------------------
Re: Group Nexus PCN
DIR By: privates
Date: May 2, 2024, 8:29 am
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Any recommendations on what to do regarding this?
#Post#: 21308--------------------------------------------------
Re: Group Nexus PCN
DIR By: DWMB2
Date: May 2, 2024, 8:46 am
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Have you chased them as to why they haven't responded to your
appeal but have issued reminders?
#Post#: 21310--------------------------------------------------
Re: Group Nexus PCN
DIR By: H C Andersen
Date: May 2, 2024, 9:21 am
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How and when did you send your appeal?
#Post#: 21450--------------------------------------------------
Re: Group Nexus PCN
DIR By: The Rookie
Date: May 3, 2024, 11:41 am
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--- Quote from: privates link ---
>
> I have received a Parking charge reminder but no reply to the
appeal..
>
--- End Quote ---
Did you appeal online or by post?
If online they will usually email the response and those have a
habit of going to spam folders.
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