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#Post#: 70370--------------------------------------------------
Group Nexus Parking Charge Notice Kettering Retail Park
DIR By: JLA
Date: May 7, 2025, 5:47 am
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Back again!
Received this parking charge yesterday (6th May). Was in
Northampton attending an event for my church (based in London)
then a group of us went to eat at Pizza Hut in this retail park
afterwards where we spent between £200-£300. I don't have the
receipt as we didn't pay individually and the bill was paid in
total by someone else. It was dark when we arrived so i honestly
don't recall seeing any signs. I've searched on Google maps but
the latest images they have are from 2023 and the signs are
really not that clear and I won't be able to drive back there to
check it out in person for the foreseeable. So my only hope is
if there are any flaws on the parking charge that might make it
unenforceable. I would as always be very grateful for any
advice.
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#Post#: 70628--------------------------------------------------
Re: Group Nexus Parking Charge Notice Kettering Retail Park
DIR By: JLA
Date: May 9, 2025, 4:26 am
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Any advice at all please?
#Post#: 70653--------------------------------------------------
Re: Group Nexus Parking Charge Notice Kettering Retail Park
DIR By: b789
Date: May 9, 2025, 6:02 am
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Have you tried Plan A? Find out the landowner or managing agent
for Kettering Retail Park and complain to them about this unfair
PCN. I’m sure they don’t want their tenants being upset because
of multiple complaints from their own customers about being
invoiced for £100 for simply being a patron.
At the end of the day, any appeal,is going to be rejected but
you have to go through the motions. If the retail park
owners/management don’t get it cancelled, then it will likely
end up as a claim. However, that is not a bad thing and the most
likely outcome of that is either a strike out or a
discontinuation.
If you’ve had no luck with Plan A by 28th May, follow this
advice:
There is no legal obligation on the known keeper (the recipient
of the Notice to Keeper (NtK)) to reveal the identity of the
unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which
means that if the unknown driver is not identified, they cannot
transfer liability for the charge from the unknown driver to the
known keeper.
Use the following as your appeal. No need to embellish or remove
anything from it:
--- Quote ---
> I am the keeper of the vehicle and I dispute your 'parking
charge'. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. GroupNexus has relied on contract law allegations
of breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
GroupNexus have no hope at POPLA, so you are urged to save us
both a complete waste of time and cancel the PCN.
--- End Quote ---
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