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#Post#: 42351--------------------------------------------------
Used Millwall Dock for a photo shoot, Group Nexus, but was I
parked?
DIR By: docklander
Date: October 25, 2024, 10:54 am
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Used Millwall Dock for a car photo shoot on 06 October.
Entered 14:20, left 15:16.
I never left the car and have photos from the shoot to prove the
shoot happened.
Does this count as "parking"? Should I appeal?
Any help greatly appreciated.
#Post#: 42364--------------------------------------------------
Re: Used Millwall Dock for a photo shoot, Group Nexus, but was I
parked?
DIR By: b789
Date: October 25, 2024, 11:11 am
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Not enough info. Read this and then post images of the Notice to
Keeper (NtK) and give a bit more background detail and why you
think that being there on a "photo shoot" is not parking unless
it was on behalf of the landowner or their agent.
READ THIS FIRST - Private Parking Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
#Post#: 42377--------------------------------------------------
Re: Used Millwall Dock for a photo shoot, Group Nexus, but was I
parked?
DIR By: docklander
Date: October 25, 2024, 12:10 pm
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Looks like I should use this defence?:
Subject: Formal Appeal – PCN Ref No. [Insert Reference Number]
Registered Keeper of Vehicle: [Registration Number]
This is a formal appeal for the Parking Charge Notice (PCN)
issued to me as the registered keeper of the vehicle. Group
Nexus has failed to comply with the statutory requirements of
the Protection of Freedoms Act (PoFA) 2012, and as such, I am
not liable for the charge. I will outline the key failures
below:
1. Incorrect Assumption of Ownership:
In the Notice to Keeper (NtK), Group Nexus has relied on PoFA
9(2)(f) and incorrectly stated:
"We have the right to recover any unpaid part of the Parking
Charge from you, the vehicle’s owner, under Paragraph 9(2)(f) of
Schedule 4 of the Protection of Freedoms Act 2012..."
This is a clear breach of PoFA. The law allows for recovery of
unpaid parking charges from the registered keeper, not the
owner, unless the conditions outlined in PoFA Schedule 4 are
met. Moreover, the V5C Registration Certificate explicitly
states on its front page that it is not proof of ownership.
Group Nexus has therefore made an incorrect assumption that the
registered keeper is automatically the owner, which is both
factually and legally incorrect, resulting in a breach of the
Act.
2. Breach of the BPA Code of Practice:
The BPA Code of Practice (CoP) also requires that operators
follow the legal framework (PoFA) and use clear, unambiguous
language in their communication with the registered keeper. By
using "owner" instead of "registered keeper" or "driver," Group
Nexus has breached Section 21 of the BPA CoP, which requires
that any Notice to Keeper sent to the registered keeper must
comply with PoFA 2012 if they intend to hold me liable.
3. Failure to Include an Invitation to Pay [PoFA 9(2)(e)(i)]:
The NtK fails to comply with Paragraph 9(2)(e)(i) of PoFA, which
requires the NtK to include an explicit invitation for the
keeper to either pay the charge or, if they were not the driver,
to provide the name and address of the driver. Group Nexus has
omitted this key requirement. Without such an invitation, the
NtK is non-compliant, and therefore, liability cannot be
transferred from the driver to me, the registered keeper.
4. No Keeper Liability:
Since Group Nexus has failed to fully comply with the
requirements of PoFA Schedule 4, there can be no keeper
liability in this case. As the registered keeper, I am under no
legal obligation to provide the identity of the driver to an
unregulated private company and I decline to do so.
Expectation of Cancellation or POPLA Code:
Please do NOT try the usual Group Nexus trick of asking for
driver details in order to get around the fact your NtK does not
comply with PoFA. As there is no keeper liability, therefore,
liability cannot flow from the driver to me, the keeper, and so,
is an automatic win at POPLA. Please cancel the notice or issue
a POPLA code at which point you will auto withdraw.
#Post#: 42385--------------------------------------------------
Re: Used Millwall Dock for a photo shoot, Group Nexus, but was I
parked?
DIR By: b789
Date: October 25, 2024, 1:09 pm
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Without seeing the NtK, we have no idea whether what you are
suggesting is even relevant.
Which PPC?
#Post#: 42399--------------------------------------------------
Re: Used Millwall Dock for a photo shoot, Group Nexus, but was I
parked?
DIR By: DWMB2
Date: October 25, 2024, 4:44 pm
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Indeed - we can't comment on whether a proposed appeal is
suitable, without seeing the parking charge notice it is
appealing.
#Post#: 42419--------------------------------------------------
Re: Used Millwall Dock for a photo shoot, Group Nexus, but was I
parked?
DIR By: docklander
Date: October 26, 2024, 3:46 am
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Here is the text scanned from the letter:
Dear Sir/Madam.
When your vehicle remained at this location, our cameras
recorded it arriving and leaving at the dates and times stated
on the right hand side. This car park is for permit holders
only and- as we have no record of an elecironic permit being
registered for your-vehicie, having checked the vehicle details
with Driver and Vehicle Licensing Agency (DVLA), we are writing
to you because you were the registered keeper at the time of
parking.
In accordance with the Terms and Conditions clearly and
prominently displayed and agreed to when your vehicle parked on
our Client's property, the payment of the Charge amount is
required within 28 days from the date of this Charge. We will
accept the reduced sum if payment is received within 14 days.
You are notified under paragraph 9(2)(b) of schedule 4 of the
Protection of Freedoms Act 2012 that the driver of the vehicle
is required to pay this Parking Charge in full. As we do not
know the driver's name or current postal address, if you were
not the driver at the time, you should tell us the name and
current postal address of the driver and pass this to them.
Once this information is received, we will pursue the driver.
You are advised that if, after a period of 28 days beginning
with the day after that on which the Charge is given (which is
presumed to be the second working day after the Date Issued)
the Parking Charge has not been paid in full and we do not know
both the name and current address of the driver, we have the
right to recover any unpaid part of the Parking Charge from
you. This Charge is given to you under Paragraph 9(2)(f) of
Schedule 4 of the Protection of Freedoms Act 2012 and is subject
to our complying with the applicable conditions under Schedule
4 of that Act.
Should you provide an incorrect address for service, we may
pursue you for any Parking Charge amount that remains unpaid
Should you identify someone who denies they were the driver, we
may pursue you for any Parking Charge amount that remains
unpaid. Failure to pay the full amount within 28 days may
result in the proceeding of debt recovery action and/or issuing
court proceedings against you. Additional costs may be
incurred.
If the vehicle was hired, please provide a signed statement
confirming the hirer's name and address and a copy of the hire
agreement
CP Plus Ltd. T/A GroupNexus Operating in accordance with the
British Parking Association's Code of Practice. PLEASE SEE
OVERLEAF FOR DETAILS ON HOW TO PAY OR APPEAL. REGISTERED OFFICE
#Post#: 42428--------------------------------------------------
Re: Used Millwall Dock for a photo shoot, Group Nexus, but was I
parked?
DIR By: b789
Date: October 26, 2024, 4:51 am
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Either post a photo of the Notice to Keeper (NtK) or else
provide all the dates and times showing on the NtK. Show us
exactly how the address of the location is shown on the NtK.
What do the signs say at the car park? Why did the driver think
they were exempt from any permit requirements? Are you sure that
Group Nexus have a valid contract flowing from the landowner
that permits them to issue Parking Charge Notices (PCN) at the
location?
If you want help and advice, please provide the requested
information. Nobody pays GroupNexus if they are getting advice
here.
#Post#: 42448--------------------------------------------------
Re: Used Millwall Dock for a photo shoot, Group Nexus, but was I
parked?
DIR By: docklander
Date: October 26, 2024, 6:08 am
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So the location says " Millwall Dock"
Arrived 06/10/2024 14:20
Departed 06/10/2024 15:16
Duration 0hrs 55mins
Are you sure that Group Nexus have a valid contract flowing from
the landowner that permits them to issue Parking Charge Notices
(PCN) at the location? Not sure how I would verify this?
#Post#: 42455--------------------------------------------------
Re: Used Millwall Dock for a photo shoot, Group Nexus, but was I
parked?
DIR By: b789
Date: October 26, 2024, 6:46 am
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You can only verify if they have a valid contract by putting
them to strict proof that they do.
Please, just post pictures of the NtK so we can review it. You
are not helping by failing to provide the visual evidence we
require.
I still don't know exactly where this alleged contravention took
place. Entering Millwall Dock car park into Google maps shows at
least 5 different car parks.
You haven't answered this earlier question either:
[indent]What do the signs say at the car park? Why did the
driver think they were exempt from any permit
requirements?[/indent]
#Post#: 42457--------------------------------------------------
Re: Used Millwall Dock for a photo shoot, Group Nexus, but was I
parked?
DIR By: DWMB2
Date: October 26, 2024, 6:46 am
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Is there a reason you can't just show us the actual document?
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