GroupNexus/Reef Parking ANPR PCN - Westgate Shopping Park, Basildon, Essex

[Buttercup3131]

Good evening,

 

I wonder if anyone may be able to give some advice on this please.

 

I have today received a letter from a private parking company claiming a rather large sum of money.

 

It is in relation to my parking in a car park on 1st Jan.

 

I automatically thought that because it was New Years Day it was a bank holiday and therefore did not pay the parking charge.

 

The letter today says that its a reminder as they claim that they have already sent me a letter.  They havent!  So they have I am guessing increased the charge.

 

Now when I checked, it says that Monday 3rd was the bank holiday meaning that the 1st because it was a Saturday wasnt.

 

Is it worth me trying to challenge this of am I on a loosing wicket?

 

Many thanks

B

[dx100uk]

Please complete this:

 

 

[Buttercup3131]

Thankyou DX100UK,

 

Here it is:

 

For PCN's received through the post [ANPR camera capture]

(must be received within 14 days from the Incident)

 

Please answer the following questions.

 

1 Date of the infringement

1/1/2022
 

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

Original not known as was never received.  This is a reminder dated 27/01/2022
 

[scan up BOTH SIDES as ONE PDF- follow the upload guide]

please do not put JPG Picture files into your post

 

3 Date received

02/02/2022
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

Yes

 

5 Is there any photographic evidence of the event?

There are 2 pics of my car, one of the front, one of the back
 

6 Have you appealed? [Y/N?] post up your appeal]

No.  Only just knew of this today
 

Have you had a response? [Y/N?] post it up

N/A
 

7 Who is the parking company?

GroupNexus

 

8. Where exactly [carpark name and town]

Westgate Shopping Park, Basildon, Essex
 

For either option, does it say which appeals body they operate under.

No
 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 

They say in the letter they offered a reduced amount but have sent a reminder as I didnt pay.  I never received an initial letter.

[FTMDave]

Two things.  So are you sure you could park in this shopping centre on Bank Holidays?

 

Secondly, if they "sent" the first letter around 10 January, it is very strange that they are already sending reminders on 27 January.  This may well be a scam where they don't even really send the first letter to try to make you pay the increased amount.

 

Obviously don't pay.

[lookinforinfo]

Buttercup3131 could you please post up the letter they sent. And yes it is worth fighting as there appears to be a problem with their paperwork. Either it came out too early or too late so your letter may help to work out which.

 

Either way do not reveal to Nexus who the driver was.

[Buttercup3131]

If its ok, your opinions would be much appreciated as to what I should do next. 

Time to get back to them has probably passed with the time I have spent trying to get the document on here.

 

 

PCN ANPR.pdf

[dx100uk]

They had 14 days to send that ntk as its an anpr capture.

tHey are out of time

 

ignore until/unless you get a letter of claim..then come back here

[lookinforinfo]

Because they have failed to comply with the Protection of Freedoms Act 2012, they are now unable to pursue the registered keeper-only the driver is now liable. They do not know who the driver was so by appealing or other wise contacting them you may reveal who was driving the car on the day.

 

[dx100uk]

and of course they'll be no granted council planning permission to vary the free parking time from what was granted at initial planning application (typically 2-3hrs)....to ??

nor i expect planning for their signs, ANPR cameras and the poles both are on....

 

 

[FTMDave]

dx, the letter claims not to be the original NTK, but instead to be a reminder letter.

 

 

[dx100uk]

aw bugger.. so wheres the NTK gone  @Buttercup3131?
 

[Buttercup3131]

dx, I never received anything.  That is the only letter I have received.

[dx100uk]

So you have movwd in recent times? Or and the car is not registered at your present address unDer your name as the keeper?

 

 

[Buttercup3131]

I did move house 18 months ago but the car is registered at my current address and yes i am the keeper.

 

[FTMDave]

This may be 2+2=5 from me, but (a) the OP never received an original PCN, and (b) supposedly the "offence" was on 1 January, they sent out their PCN say around 10 January and then they are already sending reminders on 27 January.  That seems very quick for a reminder letter.  Being fleecers they may well have never sent the original PCN as a deliberate strategy to not offer the discount period.

 

Personally I would SAR them.  It's free.  You have nowt to lose.  It would be funny if they replied with no original PCN included.  Stick in some I.D. otherwise they will use no I.D. as an excuse to delay compliance.  Get a free Certificate of Posting from the post office.

[FTMDave]

Also e-mail the shopping centre  [email protected]  and lay it on thick about being a genuine customer (attaching evidence of purchases), explain the mistake that "the driver" made (third person, do not put "I"), point out there were no warning signs about NYD (I assume there weren't) and demand they get the invoice cancelled. 

 

It might get you nowhere, but it's just an e-mail, and we had someone recently try this with another shopping centre and it worked. 

 

I've no idea if this address is for a group of shopping centres or just one, so best to include that "the driver" parked at Basildon Westgate.

[Buttercup3131]

Ok FTMDave, I will try sort it out.

 

I am past the 14 days they gave me to pay it, havent been able to sort it out as yet due to work pressures.

 

I guess I will get DC letters now with lumped on charges.

 

Is it worth me appealing?

[lookinforinfo]

Buttercup3131 try not to stress.

 

We are looking to build the case for you such as you do not have to pay a penny.

 

Their PCN and their reminder are way out of kilter time wise so they failed to comply with The protection of Freedoms Act 2012.

 

Do NOT throw away the Reminder notice.

Edited February 20 by dx100uk
spacing

[dx100uk]

45 minutes ago, Buttercup3131 said:

Ok FTMDave, I will try sort it out.

 

I am past the 14 days they gave me to pay it, haven't been able to sort it out as yet due to work pressures.

 

I guess I will get DCA letters now with lumped on charges. - which you totally ignore, they cannot add any 'extra' charges for their involvement, they are not allowed too. a DCA is NOT A BAILIFF, and have absolutely ZERO legal powers on ANY debt - no matter WHAT it's type.

 

Is it worth me appealing?

 

no you never ever appeal a speculative invoice as you run the risk of removing your legal protection as the registered keeper of the vehicle under POFA 2012.

 

get reading up 

 

dx

 

[FTMDave]

Relax, all they are doing at the moment is killing trees.

 

Get on with what is advised in posts 20 & 21.

[Buttercup3131]

Thanks FTMDave,  I will sort out SAR today.

Just one question, you say send some ID and I understand why but wont that go against what  dx100uk was saying in post 24?

[dx100uk]

16 hours ago, dx100uk said:

 

no you never ever appeal a speculative invoice as you run the risk of removing your legal protection as the registered keeper of the vehicle under POFA 2012.

 

get reading up 

 

dx

 

An sar is not an appeal..if thats what you are getting at?

 

Dx

[Buttercup3131]

No dx100uk, what I meant is will sending ID not disclose my identity hence removing my legal protection as the registered keeper of the vehicle, which you said do not do.

 

[dx100uk]

no thats to do with being the driver not the registered keeper and anyway they know that info.

cause they sent the PCN/NTK to the registered keepers address, 

 

the sar is sent from the registered keeper.

 

dx

 

[Buttercup3131]

Ahh ok, thankyou dx100uk, now I understand