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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (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 PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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CP PLUS T/A Group Nexus ANPR PCN - overstay - MAYFLOWER RETAIL BASILDON


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Hello Angels .. your advise please ..

I went to the subject shopping centre.. I had an emotional issue, so doing some retail therapy.. got really tearful at a point and I could not get myself to drive back home sooner,I went into Greg's to get some snacks , I was on the phone with my friend who advised me to chill a bit before setting out to drive ..

to be honest I have been going to shop here for over TEN YEARS ..Never knew there was a 3 hour parking limit, I went online and saw lots of complaints.

I was there for 3hrs 16 minutes.. never knew there was a parking charge there as its always been free, as i write this i still do not know, this mall is by the motor way 127 no close train station or homes nearby so i dont understand why its a parking.

I also NEVER received the 1st letter which was mentioned in the attached pdf. Now its gone up to £170..

I am presently at a temporary address but I redirected my letters .

But my Driving Licence is still my old address (ONE letter as attached showed my previous address)  .. I plan to change when I move permanently

. To my surprise the bailiff now has my temporary address!

I have never responded to them.  Please advise on what to do .. 

 

Please answer the following questions.

1 Date of the infringement 23/05/2023

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] NEVER received

3 Date received  *The letter dated 06/07/2023 was the 1st letter I received in the last week of July.. I ve been very ill since then, just recovering* .

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] I do not have this

5 Is there any photographic evidence of the event? YES on the PDF

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

Have you had a response? [Y/N?] post it up Not contacted anyone

7 Who is the parking company?  CP PLUS LTD T/A Group Nexus

8. Where exactly [carpark name and town]  MAYFLOWER RETAIL PARK SS14 

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

BRITISH PARKING ASSOCIATION

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

Copy the windscreen or ANPR section to your thread and answer the questions...

……....

In either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY

 

letters to date.pdf

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  • rita777 changed the title to Parking fine from CP PLUS T/A Group Nexus MAYFLOWER RETAIL BASILDON

Hi.

I expect the parking experts will be along later but I have a couple of comments for you.

This isn't a parking fine, it's a speculative invoice from a private parking company. Well done for not appealing.

What confuses me is why bailiffs should be involved because this hasn't been to court as far as your pdf shows. Are you sure he wasn't there for something else?

If you haven't been receiving correspondence, you need to do something about getting mail in future.

HB

 

Illegitimi non carborundum

 

 

 

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First thing is to sort out where you're actually living.

Sounds like you're in temporary accommodation, so relying on mail redirect... Not ideal.

I'd suggest writing to Group Nexus to inform them of your current address. No further information than that.

Get a free proof of postage and keep it safe with a copy of the letter.

This should protect you against a backdoor CCJ.

 Not sure on whether you should write to DCBL. They are literally nothings in this scenario, paid by Nexus to try and scare you into paying their random invoice. Wait for one of the others to chime in on this one, but I would probably not bother to contact them. Note that they are NOT in bailiff mode, simply DCA's, with no powers whatsoever. They WON'T be sending the boys round.

Your driving licence details have nothing to do with this. It's your vehicle registration details (V5 document) where the fleecers have obtained for your address from DVLA. So, when you eventually move into your permanent address, you must update the details on BOTH your vehicle AND driving licence.

The usual advice is to ignore anything more that the charlatans send, including threats from their "scary" debt collectors... UNLESS you get a "letter before claim", then come back here for advice.

This WILL drag on for some months, so be prepared for the long game. If you're the type who doesn't want the aggro, you can simply pay up and it will go away.

Obviously, we'd prefer you fight it. We have an 85% success rate helping the victims who actually reach the Court stage (this is NOT a definite conclusion, many, many claims are dropped by the fleecers, when presented with a solid rebuttal). The choice is yours, but we would be here to advise you all the way.

The first thing which jumps out is the "16 minute overstay"... Their own Trade Association Code Of Practice stipulates that they must allow a 5 minute "consideration period" to allow you to read signage and decide whether you want to stay. It also stipulates a 10 minute "grace period" to allow you to exit the car park. That's 15 minutes... you apparently overstayed by 16 minutes. This would get laughed out of court by a Judge.

There is also the fact that a parking period does NOT start and finish when you drive past the cameras!

One final note: if you do fight it, you MUST put in the effort and engage with the forum. Those who don't invariably fall by the wayside. (And damage our "win percentage"😆).

I'm sure some others will pop in with their ideas / suggestions later.

We're all volunteers here and fit this stuff in with our own lives, so bear with us...

Any questions, just fire away.

 

 

 

One other thing,

You should read up on how these Parking Companies ply their foul trade.

Start with a few threads from our "successes" forum...

 

We could do with some help from you.

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  • dx100uk changed the title to CP PLUS T/A Group Nexus ANPR PCN - overstay - MAYFLOWER RETAIL BASILDON

have removed fine from the file/title and posts.

DCBL if you read the letter properly at the end say 'we are not operating as bailiffs in this instanc'e... correct they CANNOT , and HCEO's will never be involved in the speculative invoice.

they acting as a mere DCA and a DCA are not BAILIFFS and never ever can be on any debt no matter what its type.

 

dx

 

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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As you were ill, and it was a very short overstay, I'm wondering about contacting the retail park and asking them to get the invoice cancelled.  Unfortunately I can't find a website or an e-mail address, but Google Maps does have a phone number +448081565533.  Must be worth a try.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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Thank you so much.. everyone, feeling relieved already as this has been a huge burden on my chest ! There is NO WAY I m paying the ridiculous £170 .. My only worry is CCJ.

Couple of questions please ..

Should I still contact Nexxus and update them of my current address? 🤔

Should I call/write the retail to ask them to cancel 🤔? What will be my explanation please ?

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1 hour ago, rita777 said:

Should I still contact Nexxus and update them of my current address? 🤔

Yes.  Send them a letter by 2nd class post.  Get a free Certificate of Posting from the post office.

1 hour ago, rita777 said:

Should I call/write the retail to ask them to cancel 🤔? What will be my explanation please ?

Yes.  You may get nowhere.  But nothing ventured ...  Tell them the truth, that you are a customer of ten years and on this occasion you were taken ill and needed time to recover.

You can only get a CCJ if the fleecers send you a Letter of Claim, then take you to court, after win the court case - and next you decide to defy the court and not pay.  None of this will happen.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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