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#Post#: 21158--------------------------------------------------
Groupnexus gave PCN for delivery job to residences in flats...
(fight in court?)
DIR By: nonPCNenjoyer
Date: April 30, 2024, 9:02 pm
---------------------------------------------------------
Hi,
So i worked for amazon flex delivering parcels on this day, I
unfortunately received a PCN, since I parked here without legal
reason. Is there any way I can fight this in court? There's
absolutely no way delivery drivers can do their job for the
residences living in flats at this location at all. Surely
there's something I can do like fight it in court? I've already
been rejected by POPLA.
HTML https://i.imgur.com/gVzpp29.jpeg
[attachment deleted by admin]
#Post#: 21171--------------------------------------------------
Re: Groupnexus gave PCN for delivery job to residences in
flats... (fight in court?)
DIR By: slapdash
Date: May 1, 2024, 3:54 am
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HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
Update things in accordance with the above.
Since you seem to have already challenged it and been rejected
by popla it would be very useful to know the content of your
challenge and your Pipla appeal.
The site sgnage and exact location may also be useful.
You can defend the claim in court (losing is likely to be around
£240). The material you post will determine viability of a
potential defence. (You can make it go away for whatever they
are currently demanding. Defending it may take more effort and
time than you think is worthwhile expending).
There isn't any form of generic defence. Nor is there any form
of automatic dispensation for delivery vehicles.
#Post#: 21212--------------------------------------------------
Re: Groupnexus gave PCN for delivery job to residences in
flats... (fight in court?)
DIR By: b789
Date: May 1, 2024, 9:41 am
---------------------------------------------------------
I think you'll find that you have an excellent defence should
they try to take this all the way to court. [i]Jopson v
Homeguard[/I] [2016] B9GF0A9E
HTML https://www.dropbox.com/s/9ezhkj6epu66l1r/JOPSON-V-HOMEGUARD-2906J-Approved.pdf?st=ljfw2rjf&dl=0<br
/>is the defence you use. Loading/unloading or delivering is not
parking.
Whilst the NtK is not strictly PoFA compliant as it fails on
9(2)(e)(i), it is probably too late to rely on that if you have
identified yourself as the keeper to also be the driver. It may
have helped you win at POPLA.
For now, you just have to wait and see if/when a Letter of Claim
is sent. You can safely ignore all debt collector letters. They
are powerless to do anything except try and scare you into
paying by using scary words like "bailiff" and "CCJ". They hope
you are low-hanging fruit on the gullible tree that'll
capitulate and pay up when the pressure builds up.
You may want to inform any customers who have unregulated
private parking companies infesting their properties that they
will be blacklisted from receiving deliveries if they don't rein
in their ex-clamper thugs.
#Post#: 21216--------------------------------------------------
Re: Groupnexus gave PCN for delivery job to residences in
flats... (fight in court?)
DIR By: H C Andersen
Date: May 1, 2024, 10:32 am
---------------------------------------------------------
As per slapdash, we need to see your correspondence with Group
Nexus, theirs with you, your POPLA appeal and their decision
notice.
'Whether a car is parked, or simply stopped, or left for a
moment while
unloading, or (to take an example discussed in argument)
accompanying a
frail person inside, must be a question of fact or degree. I
think in the end this was agreed. A milkman leaving his float to
carry bottles to the flat would not be “parked” Nor would a
postman delivering letters, a wine merchant
delivering a case of wine, and nor, I am satisfied, a retailer’s
van,
or indeed the appellant, unloading an awkward piece of
furniture. Any other approach would leave life in the block of
flats close to unworkable',..
So, could you convince another judge in another court that your
activity fell within the scope of the judgment above?
'Fact and degree' and we know very few other than that the car
was recorded as being stationary for 22 minutes.
OP, aside from copies of your correspondence (as above) you'll
need to take us through those 22 minutes, as indeed IMO you
would a judge were this to get to court.
#Post#: 21225--------------------------------------------------
Re: Groupnexus gave PCN for delivery job to residences in
flats... (fight in court?)
DIR By: slapdash
Date: May 1, 2024, 11:40 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> You may want to inform any customers who have unregulated
private parking companies infesting their properties that they
will be blacklisted from receiving deliveries if they don't rein
in their ex-clamper thugs.
>
--- End Quote ---
The terms of, for example, Amazon preclude that. The drivers can
decide not to deliver what they have been assigned, though I
imagine that is not particularly conducive towards maintaining
an ongoing relationship.
In my area a number of developments have become problematic
areas for uber eats. Their model is such that you sign in and
decide which individual collections and deliveries you will
undertake. Many drivers simply won't take those jobs.
#Post#: 21624--------------------------------------------------
Re: Groupnexus gave PCN for delivery job to residences in
flats... (fight in court?)
DIR By: nonPCNenjoyer
Date: May 5, 2024, 1:48 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> As per slapdash, we need to see your correspondence with Group
Nexus, theirs with you, your POPLA appeal and their decision
notice.
>
> 'Whether a car is parked, or simply stopped, or left for a
moment while
> unloading, or (to take an example discussed in argument)
accompanying a
> frail person inside, must be a question of fact or degree. I
think in the end this was agreed. A milkman leaving his float to
carry bottles to the flat would not be “parked” Nor would a
postman delivering letters, a wine merchant
> delivering a case of wine, and nor, I am satisfied, a
retailer’s van,
> or indeed the appellant, unloading an awkward piece of
furniture. Any other approach would leave life in the block of
flats close to unworkable',..
>
> So, could you convince another judge in another court that
your activity fell within the scope of the judgment above?
>
> 'Fact and degree' and we know very few other than that the car
was recorded as being stationary for 22 minutes.
>
> OP, aside from copies of your correspondence (as above) you'll
need to take us through those 22 minutes, as indeed IMO you
would a judge were this to get to court.
>
--- End Quote ---
Hi,
Thank you, I don't get how I'd send you guys the correspondence
I got from them? I don't see it anymore or just can't find it
again
#Post#: 21625--------------------------------------------------
Re: Groupnexus gave PCN for delivery job to residences in
flats... (fight in court?)
DIR By: nonPCNenjoyer
Date: May 5, 2024, 1:50 pm
---------------------------------------------------------
--- Quote from: b789 link ---
>
> I think you'll find that you have an excellent defence should
they try to take this all the way to court. Jopson v Homeguard
[2016] B9GF0A9E
HTML https://www.dropbox.com/s/9ezhkj6epu66l1r/JOPSON-V-HOMEGUARD-2906J-Approved.pdf?st=ljfw2rjf&dl=0<br
/>is the defence you use. Loading/unloading or delivering is not
parking.
>
> Whilst the NtK is not strictly PoFA compliant as it fails on
9(2)(e)(i), it is probably too late to rely on that if you have
identified yourself as the keeper to also be the driver. It may
have helped you win at POPLA.
>
> For now, you just have to wait and see if/when a Letter of
Claim is sent. You can safely ignore all debt collector letters.
They are powerless to do anything except try and scare you into
paying by using scary words like "bailiff" and "CCJ". They hope
you are low-hanging fruit on the gullible tree that'll
capitulate and pay up when the pressure builds up.
>
> You may want to inform any customers who have unregulated
private parking companies infesting their properties that they
will be blacklisted from receiving deliveries if they don't rein
in their ex-clamper thugs.
>
--- End Quote ---
Hi,
So since I can't appeal at POPLA, how else do I appeal this PCN
now mentioning that course case? I'm worried about going in
front of a judge..
#Post#: 21628--------------------------------------------------
Re: Groupnexus gave PCN for delivery job to residences in
flats... (fight in court?)
DIR By: b789
Date: May 5, 2024, 2:04 pm
---------------------------------------------------------
There is not need to worry about "going in front of a judge". It
is not 'Rumpole of the Bailey'. It is not a criminal court. It
is a civil court and should it even get as far as a hearing, it
tends to take p0lace in the judges chambers (simply an office)
and there are no robes or wigs.
This short video explains the process in court. Nothing to be
afraid of:
HTML https://youtu.be/n93eoaxhzpU?feature=shared
You are nowhere near getting to this stage, if at all.
#Post#: 21649--------------------------------------------------
Re: Groupnexus gave PCN for delivery job to residences in
flats... (fight in court?)
DIR By: H C Andersen
Date: May 5, 2024, 4:16 pm
---------------------------------------------------------
Thank you, I don't get how I'd send you guys the correspondence
I got from them? I don't see it anymore or just can't find it
again
Why?
Surely you've kept correspondence up to and including POPLA, and
their decision couldn't have been that long ago.
#Post#: 23823--------------------------------------------------
Re: Groupnexus gave PCN for delivery job to residences in
flats... (fight in court?)
DIR By: nonPCNenjoyer
Date: May 24, 2024, 5:22 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Thank you, I don't get how I'd send you guys the
correspondence I got from them? I don't see it anymore or just
can't find it again
>
> Why?
>
> Surely you've kept correspondence up to and including POPLA,
and their decision couldn't have been that long ago.
>
--- End Quote ---
I managed to get the full convos, here it is.
[attachment deleted by admin]
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