Group Nexus ANPR PCN - Westside Retail Park, Guiseley Leeds LS20 9NE ***Cancelled by Retail Park***

[brassnecked]

Would concur with LFI and FTM Dave, its up to you butif you do appeal avoid naming the driver at all cost.

[FTMDave]

12 hours ago, barrowboy said:

Ignore it you risk a court claim via DCB Legal in future.

Eh?  DCB Legal don't own the debt so can issue no court claim.

[lookinforinfo]

If you do decide to appeal please post it up here prior to sending it.

 

They are pea brains at POPLA and do need everything spelled out for them.

There is a question over how unbiased they are.

[dx100uk]

i seriously cannot ever and have never understood the logic of MSE and all the backdoor 'Mackenzie friends' operators or blatant SCAMMERS that they allow to charge fees for help after sending a PM to the MUGS that go there for advise....

if popla always wins SO WILL A COURT CASE GO FOR THE DEFENDANT...

that hurts these PPC's far more than allowing the scammers on mSE to extort fees out of posters as well..

...eh?...

moneymaking scam!!

dx

[barrowboy]

Sorry but the appeal i will use will beat group nexus

 

As a sign of my confidence.  If i am wrong i will donate £50 to a charity (online ) and pay the cost of your pcn (assuming your within 28 days of the notice being issued.

 

I put a challange up to @lookinforinfoand anyone who disagrees with me to match my £50 "charity bet" if they dont think.it will win on first appeal then offer to pay £50 to charity. I am that confident it will end it. You have nothing to lose by using my appeal text

 

@FTMDave DCB legal are a solicitors firm who issue a lot of court claims for various PPcs so thats factually incorrect

 

@dx100uk Why put a user through defending a court claim when they can kill it off in less then 5 minutes with a simple appeal Sorry (and not referring to people who charge) there are a lot more experienced people on mse who are more involved then anyone on this forum. I dont take away the good work people do but it does seem a stick "head in the sand attitude" when there is simple and quick solution

 

Specialist Litigation Solicitors - Legal Services With Bite | DCB Legal

DCBLEGAL.CO.UK

---

Specialist Litigation Solicitors - CCJ, Insolvency, Witnessing, Processing Serving, Tracing, Charging Order...

 Group Nexus use these lot for their court claims at the moment

 One of their directors used to work for Gladstones

[Woodys Wonders]

There isn’t a drop down for incorrect details so would have to put other 

also would you put keeper name in the appeal as it does ask for name & email address

 

i have put the following in the text box for the appeal 

 

PCN contains incorrect details

This is an appeal by the keeper. No driver details will be given.  Please dont try the usual group nexus trick of asking for driver details(as your way of trying to get round a non Pofa notice). This wont work and will be ignored.

Notice to keeper is non pofa so no keeper liability

This is an auto win at POPLA.

Please cancel or issue a Popla code where you will auto withdraw.

End

[dx100uk]

[lookinforinfo]

I think you have to a bit more than that.

This an appeal by the keeper. 

 

As you already know the NTK is not compliant with PoFA. The PCN was allegedly issued on the 8th November 2021 for an apparent breach on the 29th October 2021.  The PCN was not received  until the 17th November calling in to question the issue date especially as the wording on the PCN failed to mention that the liability for the charge could be transferred to the keeper if the driver failed to pay.

 

Schedule 4 s9 [f] states that you must 

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

 

(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and

 

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

 

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

 

Your NTK does not warn me that you can transfer the liability from the driver to the keeper so fails to comply with the wording a PoFA compliant NTK .

 

You will be aware that for your NTK to be compliant it must follow the strictures in Schedule 4 s9 [2] "the notice must"

 

It follows therefore that I as keeper am not liable to pay the PCN nor can you assume that I am the driver and I have no intention of divulging the name of the driver in any case,

 

so I am asking that you  kindly cancel the PCN. Now that I have informed you of the situation any further pursuit of myself over this PCN  will be deemed as a breach of my GDPR which I understand may incur a charge in Court for you of £500 or so.

 

In the event that you do not accept my appeal, please forward a POPLA reference number to me so that I can appeal to them where I am confident that they will accept that you cannot pursue me as the keeper with a non compliant NTK and will cancel it.

 

Something along those lines would show them that you do know why their PCN is nor compliant so they should cancel.

 

  

Edited November 22, 2021 by dx100uk
added A few blank lines only..dx

[barrowboy]

Good.

You would have got an auto email from them

They may (although unlikely) also send you an email in due course  saying " please provide driver details so we can update our records within 14 days"

 

You have two choices: ignore that fishing request or just send an email reply  saying " please see appeal text where i advised i wont fall for this little trick and i await your decision in due course

It doesnt matter which you do. 

Just let us when cancelled

 

@lookinforinfonot for cp plus/highview/group nexus /smart parking or Horizon notices which start with a HP you dont

Edited November 22, 2021 by barrowboy

[Woodys Wonders]

On 19/11/2021 at 12:35, FTMDave said:

I've had a look at the retail park site  https://westsideshoppingpark.com/

Thank you so much for your advice.

I contacted them, explained the situation & they have cancelled it for me

[FTMDave]

Well done on your victory   

 

Make sure you keep the correspondence from Savills just in case Group Nexus "forget" to do as they've been told.

[dx100uk]

it will also help others in the future if you could put up your appeal text.

 

well done.

 

dx

 

[brassnecked]

Excellent