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#Post#: 100902--------------------------------------------------
Re: How does the PCN deadline work while transferring liability
from Hertz to hirer/keeper?
DIR By: b789
Date: December 3, 2025, 11:54 am
---------------------------------------------------------
Is that notice you received addressed to you or is it just a
copy of the NtK sent to Hertz? If it is addressed to you, then
it is GroupNexus incompetence and as long as the driver is not
identified, they have no lawful way to hold you liable as the
Hirer.
So, if that notice is addressed to you then you can appeal, only
as the Hirer with the following:
--- Quote ---
> I am the hirer of the vehicle and I dispute your Parking
Charge. I deny any liability or contractual agreement and will
be making a complaint about your predatory conduct to your
client, Moto Blyth.
>
> What you have sent me is not a compliant Notice to Hirer (NtH)
under Schedule 4 of the Protection of Freedoms Act 2012. It is
plainly just a copy of the Notice to Keeper previously sent to
Hertz, re-addressed to me and still purporting to rely on
paragraph 9. That is not how liability is transferred to a
Hirer.
>
> You have failed to comply with the strict requirements of PoFA
Schedule 4 paragraphs 13 and 14. As your NtH does not fully
comply with ALL the requirements of PoFA 2012, you are unable to
hold the Hirer 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 Hirer cannot be presumed or inferred to have been the
driver, nor pursued under some twisted interpretation of the law
of agency. Your NtH 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 ---
No initial appeal is ever successful and there is no need to go
into greater detail at this stage. All you need from them is the
POPLA code which will be valid for 33 days from the date they
reject the appeal.
#Post#: 100903--------------------------------------------------
Re: How does the PCN deadline work while transferring liability
from Hertz to hirer/keeper?
DIR By: mjlazer
Date: December 3, 2025, 11:57 am
---------------------------------------------------------
Correct, it is exactly the same letter they sent to Hertz but
it's addressed to me this time.
Thank you, I'll send the appeal now and let you know what they
say.
#Post#: 101629--------------------------------------------------
Re: How does the PCN deadline work while transferring liability
from Hertz to hirer/keeper?
DIR By: mjlazer
Date: December 9, 2025, 3:14 am
---------------------------------------------------------
I've received a reply from GroupNexus (who are still signing off
as CP Plus Ltd).
It's almost like... they didn't read my email—which very
explicitly stated I would not be supplying any names.
They are giving me 14 days. Will they automatically reject the
appeal after that and provide the POPLA code?
--- 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.
>
> We are placing this Charge on hold for 14 days from the date
of this email to allow you to provide the details requested.
>
> Yours faithfully,
>
> CP Plus Ltd
--- End Quote ---
#Post#: 101633--------------------------------------------------
Re: How does the PCN deadline work while transferring liability
from Hertz to hirer/keeper?
DIR By: jfollows
Date: December 9, 2025, 3:19 am
---------------------------------------------------------
A lot of them do this, they are fishing for you to reveal the
driver’s identity, you can ignore or you will find a reply you
can send elsewhere on the forum.
They will next reject your appeal “after careful consideration”
or similar claptrap, along with a POPLA code. They will make no
mention in their rejection notice of the NtH failing to be the
basis for transfer of liability. It’s what they do, they ignore
anything valid because they know a significant percentage of
people just pay up.
#Post#: 101690--------------------------------------------------
Re: How does the PCN deadline work while transferring liability
from Hertz to hirer/keeper?
DIR By: b789
Date: December 9, 2025, 7:41 am
---------------------------------------------------------
I'd respond with the following:
--- Quote ---
> Dear CP Plus / GroupNexus,
>
> Thank you for your template request that I “forward the full
name and address of the driver”. The fact that you sent this at
all confirms that nobody at your organisation has actually read
– let alone understood – my appeal or Schedule 4 of the
Protection of Freedoms Act 2012.
>
> To spell it out in simple words of one syllable, where
possible: you did not send a compliant Notice to Hirer. You
simply re-addressed the original Notice to Keeper to me, still
waffling on about paragraph 9, and failed to comply with the
strict requirements of paragraphs 13 and 14, including the
provision of the prescribed hire documents and a proper
statement of liability. That is fatal to any attempt to transfer
liability from the unknown driver to me as hirer/keeper.
>
> In law, therefore:
>
> [indent]- You have no Hirer liability;
> - I have no obligation whatsoever to name the driver; and
> - Your “14 days on hold” is as meaningless as the rest of your
boilerplate.[/indent]
>
> I decline your invitation to assist you in pursuing a claim
you have no legal basis to enforce. You already have my
position. You are now put to strict choice:
>
> [indent]- Cancel the Parking Charge; or
> - Treat this as a reference to the answer given in Arkell v
Pressdram (1971) and act accordingly.[/indent]
>
> There will be no further correspondence on this nonsense
unless it contains either a cancellation or a POPLA code.
>
> Yours faithfully,
>
> [Name]
> Hirer of the vehicle
--- End Quote ---
#Post#: 101699--------------------------------------------------
Re: How does the PCN deadline work while transferring liability
from Hertz to hirer/keeper?
DIR By: mjlazer
Date: December 9, 2025, 8:17 am
---------------------------------------------------------
Thanks to jfollows and especially b789 for the tailored
response. Both of your help is hugely appreciated.
I didn't imagine that there would be a way to fight back against
these predatory PCNs but I'm learning so much.
I've sent the response so let's see what they say.
#Post#: 101783--------------------------------------------------
Re: How does the PCN deadline work while transferring liability
from Hertz to hirer/keeper?
DIR By: mjlazer
Date: December 10, 2025, 2:54 am
---------------------------------------------------------
Somebody has put a quid in GroupNexus because their responses
are flying out. Here's the latest response to my previous email
which includes a POPLA code. I will look up next
steps/templates, but assuming I now start the appeal with POPLA?
--- 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 British Parking Association’s Approved
Operator Scheme Code of Practice and all relevant laws and
regulations.
>
> Clear signs at the entrance of this site and throughout inform
drivers of the requirement to pay for parking in excess of the
free 2 hour period, and it is not possible to access any part of
the premises without passing multiple signs. Your
representations are not considered a mitigating circumstance for
appeal.
>
> We confirm the Charge was issued under Schedule 4 of the
Protection of Freedoms Act 2012. As no driver details have been
provided, we are holding the registered keeper of the vehicle
liable.
>
> In light of this, on this occasion, your representations have
been carefully considered and rejected.
>
> We can confirm that we will hold the Charge at the current
rate of £60 for a further 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 find below the payment options: [Payment details]
>
> ----------
>
> 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 correspondence. 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: [Reference number]
>
> 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 ---
#Post#: 101792--------------------------------------------------
Re: How does the PCN deadline work while transferring liability
from Hertz to hirer/keeper?
DIR By: jfollows
Date: December 10, 2025, 3:29 am
---------------------------------------------------------
Claptrap, as expected.
I suggest you find POPLA appeals on the same basis here on the
forum, and if you post what you intend to send first you may get
some improvements suggested.
#Post#: 101871--------------------------------------------------
Re: How does the PCN deadline work while transferring liability
from Hertz to hirer/keeper?
DIR By: b789
Date: December 10, 2025, 9:20 am
---------------------------------------------------------
You have 33 days from the appeal rejection date to submit your
POPLA appeal, so no rush.
#Post#: 102025--------------------------------------------------
Re: How does the PCN deadline work while transferring liability
from Hertz to hirer/keeper?
DIR By: mjlazer
Date: December 11, 2025, 8:01 am
---------------------------------------------------------
So, now Hertz are chasing me for this £42 "admin fee" and
telling me it needs to be paid in 7 days. This is the suggest
response I've found. Is this an appropriate action?
EDIT: Sorry for the quality, not sure why ImgBB compressed it so
much and copying the email as text just creates a blob of text
with no paragraphs for some reason. Let me know if you can't
read it.
HTML https://i.ibb.co/ksCng0J9/Screenshot-2025-12-11-at-14-00-04.png
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