CPP/GroupNexus/Reef Parking ANPR PCN - Westgate Shopping Park, Basildon, Essex ***Cancelled by landowner***

[LtColumbo]

I have received a reply from the landowners to say the PCN has been cancelled.

 

Many thanks to all the friendly and helpful comments above that made this possible (Special thanks to FTMDave!).

[FTMDave]

Well done on your victory! 

 

Make sure you keep this communication from the landowner somewhere safe.  This week we had a case where the parking company "forgot" the invoice had been written off and actually started a court case before being reined in again   https://www.consumeractiongroup.co.uk/topic/452503-highviewdcbl-anpr-pcn-claimform-moved-did-not-inform-dvla-urban-exchange-m4-manchester-claim-discontinued/

 

[LtColumbo]

A shared victory since it relied on your expert advice!

 

Will do, thanks.  I have informed Debt Recovery Plus by phone, perhaps I should put something in writing as well (snail mail as there are no contact email addresses in their letter).

 

Final question - A previous comment in this thread pointed out that:

 

Nexus are not abiding by the BPA Code of Conduct by demanding the driver's details.

 

It is also not complying with the Law by asking for the details. 

 

Out of interest, if the fleecers wanted to pursue a legitimate claim should they be pursuing the keeper only then?  If so, what if the vehicle was registered to a keeper (eg. driver's spouse or parent) who wasn't present when parking?

 

[dx100uk]

no need to contact DR+

a dca has zero powers on any debt - no matter what it's type and are not bailiffs.

 

the PPC's default target is always the registered keeper unless someone appeals and drops themselves (or someone else) in it by using the word I this and that.

 

i'm glad you got this sorted, just remember, we use all kinds of tools to encourage users to act .

 

dx

 

 

[lookinforinfo]

To  answer your question, private parking comes under the Protection of freedoms Act 2012.

 

When there is an alleged breach of the Terms and Conditions then the driver is initially responsible for the debt.

 

As the identity of the the driver is not known, a PCN is sent to the registered keeper advising them of the breach as well as pointing out that although the driver is responsible for the amount claimed, if the keeper fails to divulge the name and address of the driver within 28 days, the alleged debt then the onus to repay is transferred to the keeper.

 

However to do the transfer, the parking company has to comply with the regulations set out in the Act. if they fail then they cannot pursue the keeper as only the driver is now responsible. That is why we advocate not telling the parking company who was driving.

 

And in PoFA 2012 the parking companies can only request from the keeper the details on the driver, they cannot insist on knowing.

 

Personally, I wouldn't have informed Debt Recovery since if they write to you asking for money when the PCN has already been cancelled they could leave themselves open to breaching your GDPR.

[LtColumbo]

18 hours ago, dx100uk said:

no need to contact DR+

a dca has zero powers on any debt - no matter what it's type and are not bailiffs.

 

the PPC's default target is always the registered keeper unless someone appeals and drops themselves (or someone else) in it by using the word I this and that.

 

i'm glad you got this sorted, just remember, we use all kinds of tools to encourage users to act .

 

dx

 

 

 

Thank you.

[LtColumbo]

18 hours ago, lookinforinfo said:

To  answer your question, private parking comes under the Protection of freedoms Act 2012...

 

Ah, all clear now. Thank you.

 

They say hindsight is 20/20 and had I found this brilliant forum earlier, I definitely wouldn't have appealed (especially since the initial Notice to Keeper letter was received after 14 days).

 

Anyway, as dx100uk mentions, the right tool was applied to reach a successful conclusion and all the helpful advice received along with this excellent summary by lookinforinfo will hopefully help others in the future.