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#Post#: 21521--------------------------------------------------
Re: Group Nexus PCN
DIR By: privates
Date: May 4, 2024, 4:08 am
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Here is the reply from them.. was in my spam without noticing
Dear Sir/Madam,
Thank you for your correspondence relating to your Parking
Charge.
The Charge was issued and the signage is displayed in compliance
with The British Parking Association’s Approved Operator Scheme
Code of Practice and all relevant laws and regulations.
Clear signs at the entrance of this site and throughout inform
drivers of the need to pay for parking, and it is not possible
to access any part of the premises without passing multiple
signs. Your representations are not considered a mitigating
circumstance for appeal.
We confirm the Charge was issued under Schedule 4 of the
Protection of Freedoms Act 2012. As no driver details have been
provided, we are holding the registered keeper of the vehicle
liable.
In light of this, on this occasion, your representations have
been carefully considered and rejected.
We can confirm that we will hold the Charge at the current rate
of Ł40.00 for a further 14 days from the date of this
correspondence. If no payment is received within this period,
and no further appeal to POPLA is made, the Charge will escalate
and further costs may be added.
#Post#: 21541--------------------------------------------------
Re: Group Nexus PCN
DIR By: b789
Date: May 4, 2024, 6:26 am
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So, what was the date of their rejection of your appeal? Does it
contain your POPLA code? Whilst it gives you 28 days to respond,
you actually have 32 days. Are you in time to make your POPLA
appeal?
You never showed us what you wrote in your appeal. Have they
rebutted every point you raised?
#Post#: 21544--------------------------------------------------
Re: Group Nexus PCN
DIR By: privates
Date: May 4, 2024, 7:15 am
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--- Quote from: b789 link ---
>
> So, what was the date of their rejection of your appeal? Does
it contain your POPLA code? Whilst it gives you 28 days to
respond, you actually have 32 days. Are you in time to make your
POPLA appeal?
>
> You never showed us what you wrote in your appeal. Have they
rebutted every point you raised?
>
--- End Quote ---
I had appealed the above as advised by b789.
It includes the POPLA code and the date of the email is 26/03
which means its been 39 days since the day :(
#Post#: 21545--------------------------------------------------
Re: Group Nexus PCN
DIR By: privates
Date: May 4, 2024, 7:15 am
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--- Quote from: b789 link ---
>
> 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.
[/quote]
This was the appeal that had been made
#Post#: 21549--------------------------------------------------
Re: Group Nexus PCN
DIR By: b789
Date: May 4, 2024, 7:56 am
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Well, it’s too late to appeal to POPLA. You would have been able
to raise all the points at POPLA and they would have to answer
each one. If they failed to answer or rebut each and every
point, you would have likely won.
You are now in a “limbo” phase. You are going to receive debt
collector letters which you can safely ignore. They are solely
used to try and intimidate you into paying up. They use scary
words like “bailiff” and “CCJ” but are powerless to do anything.
What you are waiting to find out is if/when GroupNexus decide to
issue a Letter of Claim. Should they do that, come back and
you’ll get further advice. We don’t neeed to know about debt
collector demands. Ignore those.
If you change address any time in the next 6 years, make sure
you instruct the DPO at GroupNexus to rectify your address for
service and to erase your old address.
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