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#Post#: 74986--------------------------------------------------
GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: fightinjustice
Date: June 5, 2025, 12:17 pm
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Hello all,
I'm the registered keeper of the vehicle that has now received a
PCN.
[attach=1]
[attach=2]
Even though the PCN is dated 27 May, I received it on 3 June.
Location is at 1 Purley Way, Drury Cres
HTML https://maps.app.goo.gl/4LpUHQ4Jhy6ReVY89
I was interested in the PoFA 9(2)(e)(i) defence but I haven't
found cases that have successed on appeal to POPLA b789 has
described it very well in this post
HTML https://www.ftla.uk/private-parking-tickets/group-nexus-parking-charge-luton-gypsy-lane/
Unfortunately, I don't live near Croydon so I can only rely on
street maps (don't know if dash cam footage helps and if it's
still available). I have noticed that there are no signs in the
section of the shop TK Maxx that I believe the driver visited.
There are far more signs in the vicinity of the other shop
entrances so it is the chances of anyone just visiting TK Maxx
seeing the parking limitation signs are small especially if one
doesn't live in the area. The driver only knew about this
because of an overheard conversation on their way out. The shop
has refused to extend any support (in spite of the amount spent)
and the staff are aware of these parking issues! They tried to
make payment once discovered but the store had no idea how to do
this, the phone numbers were not manned and they couldn't use
the app because of a dead battery. They emailed on getting home
offerring payment but got an automated response.
Also, does it make a difference if I can prove I was nowhere in
that town as I am the registered keeper? I therefore did not
see who the driver was.
Photos of signs
HTML https://imgur.com/a/SoMiQPQ
HTML https://imgur.com/a/SoMiQPQ
HTML https://imgur.com/a/rai0WL0
HTML https://imgur.com/a/rai0WL0
HTML https://imgur.com/a/MLpHIjf
HTML https://imgur.com/a/MLpHIjf
Many thanks in advance for your help
[attachment deleted by admin]
#Post#: 75409--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: fightinjustice
Date: June 8, 2025, 12:12 pm
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Hello
Just wondering if anyone has any suggestions available regarding
this please? Thanks in advance.
#Post#: 75410--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: b789
Date: June 8, 2025, 12:19 pm
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Yes, the PoFA 9(2)(e)(i) argument is valid but it isn't going to
be of much use unless this ever got as far as a hearing in court
(unlikely). However, you need to go through the motions until
then and so you simply appeal, only as the Keeper, with the
following:
--- 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 should you try to litigate this matter,
so you are urged to save us both a complete waste of time and
cancel the PCN.
--- End Quote ---
Come back when you receive the appeal rejection and we will
provide an IAS appeal, which will also be rejected, but will
cost them, and then we can advise on how you proceed after that.
#Post#: 75540--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: fightinjustice
Date: June 9, 2025, 8:41 am
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Thank you so much b789. I'll do as you suggest.
#Post#: 75566--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: fightinjustice
Date: June 9, 2025, 10:35 am
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Forgive my stupidity, but is the last date for the appeal within
14 days of the date of the notice or 14 days + 2 working days or
28 days from the notice date? Is it better to reply by snail
mail or online? I assume they make this unclear so that they
trap even more people!
Thanks in advance
#Post#: 75567--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: jfollows
Date: June 9, 2025, 10:40 am
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The thing you posted says 28 days, and I’d do it online.
#Post#: 75913--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: fightinjustice
Date: June 10, 2025, 4:26 pm
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Thanks very much [member=636]jfollows[/member]. The statement
of 28 days is in the paragraph talking about appealing by post
so I just wanted to make sure doing it online was subject to the
same deadline
#Post#: 75945--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: jfollows
Date: June 11, 2025, 12:50 am
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Why are you worrying about this?
Just get on with it, and submit online!
#Post#: 77965--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: fightinjustice
Date: June 24, 2025, 12:05 pm
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I've just come across this statement at appealpcn.co.uk
HTML https://appealpcn.co.uk/Home/FAQs
--- Quote ---
> Utilising The Protection of Freedoms Act 2012 when issuing
PCNs is optional and we are not required to comply with it.
Non-compliance with this legislation in no way affects our
ability to issue PCNs and does not in any way affect the
validity of the PCN you have received.
--- End Quote ---
Does this conflict the POFA argument please?
Thanks!
#Post#: 77970--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: b789
Date: June 24, 2025, 12:11 pm
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It states that they are not relying on PoFA. The Keeper cannot
be liable and they have no idea who the driver is. Catch-22 for
them!
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