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PCN From Nexus Group

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  • PCN From Nexus Group

    Hello, I need some help.

    Quick background:

    I received a PCN from Solihull Sears Park for staying 3hrs 21mins. Since we were in Currys, my husband visited the store, and customer service assured him the fine (from Group Nexus) would be waived.

    Two weeks later, I received another letter saying the fine had increased. My husband went back, and again they said they were handling it. A week later, I got a third letter threatening legal action, and the fine had escalated to £170. We returned to Currys, but the manager said they couldn’t help as the parking was at Solihull Sears, not Solihull Retail Park.

    I wasn’t aware these were separate areas, as the signs are the same and both sites are connected.

    While waiting on Currys, I submitted an appeal arguing the fine was issued after the 14-day window (incident: June 6th, notice received: July 4th). I’ve just received a response, which I’ve pasted below.


    "Dear Sir/Madam,

    Thank you for your correspondence relating to your Parking Charge, the contents of which have been noted.

    The Charge in question was issued without invoking the Protection of Freedoms Act.

    In accordance with the DVLA and BPA rules, Charges can be issued up to seven months from the date of the parking contravention.

    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."



    My question is—should I keep pursuing this or just pay the £170 fine?

    Thank you for your help!


    I’ve attached the following:

    • The first letter from GROUP NEXUS (front and back)

    • The most recent letter I received (front and back)

    • A photo of the sign at Sears Retail Park, which is identical to the signage at Sears Retail Park, with no clear indication that the sites are separate.

    Tags: None

  • #3
    More importantly have you at anytime identified the driver to the parking company?

    Comment


    • #4
      Hi there, thanks for your response ! No I have never identified as the driver …z

      Comment


      • #5
        Ok,so just write back repeating that you are under no legal obligation to identify the driver and do not intend to.
        Add that if they are not relying POFA 2012, they cannot transfer liability for any unpaid charges from the driver to the registered keeper, but if they intend to rely on POFA 2012 they cannot as they have not complied with the requirement to deliver the notice to keeper within the relevant period.

        You do not intend to correspond further with them, but anticipate they will confirm they are removing your data from their records.

        Comment


        • #6
          hello, ok - thank you for the advice. I will let you know what happens!

          Comment


          • #7
            They will probably repeat their demands for £170 and tell you it is too late to appeal!

            Comment


            • #8
              Hello again - amazing news - I got this email this morning:

              Dear Sir/Madam,

              Thank you for your correspondence relating to your Parking Charge.

              Further to your representations, we have investigated your claims and can confirm that your Charge has subsequently been cancelled in full and no further action will be taken.

              Please disregard any letters received that predate this email.

              Yours faithfully,

              The Appeals Team


              Thank you so much for all your help!

              Comment


              • #9
                Lucky you..
                Well done and thanks for the update.
                Retain that letter for the next 6 years (they might forget they have cancelled the charge!)

                Comment


                • #10
                  ah good point ! I will - thanks again

                  Comment

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