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#Post#: 77971--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: jfollows
Date: June 24, 2025, 12:13 pm
---------------------------------------------------------
--- Quote from: fightinjustice link ---
>
> 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!
[/quote]
No, it’s irrelevant.
The PCN might be “valid” but it still means the liability can’t
be transferred from the driver to the registered keeper.
#Post#: 77975--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: DWMB2
Date: June 24, 2025, 12:21 pm
---------------------------------------------------------
--- Quote ---
> I've just come across this statement at appealpcn.co.uk
--- End Quote ---
You may wish to consider whether the information provided by the
parking company's appeal website is more likely to be drafted in
a way that encourages people to pay, as opposed to encouraging
them to challenge said parking company.
#Post#: 77982--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: fightinjustice
Date: June 24, 2025, 12:30 pm
---------------------------------------------------------
Phew!
Thank you so much [member=26]b789[/member],
[member=636]jfollows[/member] & [member=103]DWMB2[/member] for
your prompt replies and excellent points!
#Post#: 78277--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: fightinjustice
Date: June 26, 2025, 5:44 am
---------------------------------------------------------
Hello Experts,
I received a reply within 12 hours to my appeal
--- Quote ---
> Dear Sir/Madam,
>
> Thank you for your correspondence relating to your Parking
Charge.
>
> The representations stated in your correspondence have been
noted and considered. Please forward to us the full name and
address of the driver at the time this charge was incurred so
that we can update our records accordingly.
>
> Also, in light of your claims, we are prepared to reconsider
your appeal should we receive evidence of your custom at the
site on the date in question. However, until such time as this
evidence is received this Charge will continue to remain
outstanding.
>
> We are placing this Charge on hold for 14 days from the date
of this letter to allow time for the documentation requested to
be received.
>
> Yours faithfully,
> CP Plus Ltd
--- End Quote ---
I have drafted a proposed reply:
--- Quote ---
> Dear Sir/Madam,
>
> I acknowledge receipt of your email of
>
> As previously stated, there will be no admission as to who was
driving and no inference or assumptions can be drawn.
>
> However, as requested, I have enclosed evidence of custom.
>
> I look forward to receiving your confirmation of cancellation
of the charge
> Regards
>
--- End Quote ---
Would appreciate any suggestions/input please. Thanks in
advance
I don't mind paying them the £2 charge for the extra time
(without admitting liability) but wouldn't want this to
prejudice my case. Should I offer to do this?
#Post#: 78337--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: b789
Date: June 26, 2025, 11:46 am
---------------------------------------------------------
--- Quote from: fightinjustice link ---
>
> [quote]Dear Sir/Madam,
>
> I acknowledge receipt of your email of
>
> As previously stated, there will be no admission as to who was
driving and no inference or assumptions can be drawn.
>
> However, as requested, I have enclosed evidence of custom.
>
> I look forward to receiving your confirmation of cancellation
of the charge
> Regards
--- End Quote ---
[/quote]
You don't respond to formal letters with "Regards"... they're
definitely not your chums. Here is a slightly edited version
that clarifies that the evidence of 'custom' does not infer that
the Keeper was the driver:
--- Quote ---
> Dear Sir/Madam,
>
> I acknowledge receipt of your correspondence.
>
> As previously stated, there will be no admission as to the
identity of the driver, and no assumptions or inferences should
be drawn.
>
> Nevertheless, in accordance with your request, I have enclosed
evidence confirming that the vehicle was present at the site in
connection with a customer visit. This evidence is being
provided on behalf of the driver, whose identity remains unknown
to you.
>
> I now anticipate confirmation that the Parking Charge has been
cancelled.
>
> Yours faithfully,
>
> [Name of Keeper]
--- End Quote ---
#Post#: 78387--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: fightinjustice
Date: June 26, 2025, 3:16 pm
---------------------------------------------------------
--- Quote ---
>
> they're definitely not your chums.
--- End Quote ---
Indeed ;D !
Many thanks for your reply [member=26]b789[/member], I'll make
the modifications and send.
#Post#: 78607--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: fightinjustice
Date: June 27, 2025, 6:23 pm
---------------------------------------------------------
Hello again,
I have now received the following reply:
--- Quote ---
>
> 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 Private Parking Sector Single Code of
Practice and all relevant laws and regulations. Clear signs at
the entrance of this site and throughout inform drivers that the
maximum stay at this site is 3 hours between 8:00-22:00 with the
option to extend with payment up to 5 hours. Please note that
payment for parking is required outside of these times, and it
is not possible to access any part of the premises without
passing multiple signs. In light of this, on this occasion,
your representations have been carefully considered and
rejected.
>
> In accordance with Annex F of the Single Code of Practice,
which states that “parking operators must recognise…mitigating
circumstances warranting a reduction in the amount of the
parking charge…where the vehicle would have been permitted…but
the driver failed to enter their registration into a
terminal/device”, on this occasion only we will accept the
reduced amount of £20 in full settlement of this Charge to cover
our costs in correctly issuing this Charge and we will hold the
charge at this rate for 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.
>
>
> Please ensure that you comply with the Terms and Conditions on
future visits to the site.
>
>
>
> Please find below the payment options:
>
> Online: www.groupnexus.co.uk/pcn
>
> By Telephone: Credit/Debit cards via our automated payment
line: 0844 371 8784
>
> By Post: Cheques or Postal Orders to: PO Box 1750,
Northampton, NN1 9PN
>
> ----------
>
> You have now reached the end of our internal appeals
procedure. This correspondence represents our final stance on
the matter and we will therefore not enter into any further
correspondence.
>
>
> CORRESPONDENCE RECEIVED FOLLOWING THE REJECTION OF AN APPEAL
WILL NOT CHANGE THE OUTCOME OR EXTEND THE DATE IN WHICH PAYMENT
SHOULD BE MADE.
>
> Although we have now rejected your appeal, you may still have
recourse to appeal to Parking On Private Land Appeals (POPLA),
an independent appeals service. An appeal to POPLA must be made
within 28 days of the date of this letter. POPLA will only
consider cases on the grounds that the Parking Charge exceeded
the appropriate amount, that the vehicle was not improperly
parked or had been stolen, or that you were otherwise not liable
for the Parking Charge. To appeal to POPLA, please go to their
website
HTML http://www.popla.co.uk
and follow the instructions. If
you would rather deal with this matter by post, please contact
our Appeals Office and we will send you the necessary paperwork.
>
>
>
> Your POPLA reference number is (please note this reference is
for use only when appealing to POPLA): xxxxxxxxxxx
>
>
>
> Please note that if your appeal does not relate to the above
criteria or is rejected by POPLA for any reason, you will no
longer qualify for payment at the reduced rate. POPLA will not
consider any cases where payment has been made. You must pay the
charge or appeal to POPLA, you cannot do both.
>
>
>
> By law we are also required to inform you that Ombudsman
Services (www.ombudsman-services.org/) provides an alternative
dispute resolution service that would be competent to deal with
your appeal. However, we have not chosen to participate in
their alternative dispute resolution service. As such should
you wish to appeal then you must do so to POPLA, as explained
above.
>
> Yours faithfully,
> CP Plus Ltd
>
--- End Quote ---
They have not referred to the driver (I wonder why)!
They have brought up a new point not mentioned in their original
reply about the signage being correct. However, the driver
informs me (and the dash cam shows) that it is definitely
possible "to access any part of the premises without passing
multiple signs" which is why the driver had no idea about the 3
hour limit. Further, the writing on the signs are so small, the
driver could not read them without the help of a camera!
I would be most interested in your thoughts please. Many thanks
in advance.
#Post#: 78677--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: b789
Date: June 28, 2025, 12:19 pm
---------------------------------------------------------
So, are you telling us that they have rejected the appeal and
offered you the choice of paying £20 to be done with it or you
can appeal to POPLA?
If so, you have to decide whether to fight it or pay it.
#Post#: 78978--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: fightinjustice
Date: June 30, 2025, 3:58 pm
---------------------------------------------------------
Thanks [member=26]b789[/member]. As you are way more
experienced in this than I am, do you think it would be worth
the effort of fighting it?
When their email says it is their final stance on the matter,
would it be worth pointing out the flaws in their signage as
well as payment systems?
Thanks again.
#Post#: 79002--------------------------------------------------
Re: GroupNexus Parking PCN - Overstay - 1 Drury Crescent, Purley
Croydon
DIR By: b789
Date: July 1, 2025, 3:02 am
---------------------------------------------------------
The decision has to be yours. The "effort" of fighting it, I
find, tends to be mine and other advisors on the forum rather
than yours.
If you are asking what would I do in similar circumstances, then
that is a different matter and personally, I would always fight
these charges. However, it is not my money that I am risking
here if you decide at some stage that the pressure is too much
and you want to just pay to make it all go away.
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