PCN in a disabled bay

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    Topic
  • #307121
    Footloose
    Participant

      Hi everyone,

      i recently received a parking charge notice from a company called nexus for £60 if paid in 14 days or £200 thereafter and I immediately appealed the charge as I was in a disabled bay and had explained i definitely displayed my blue badge and also explained my circumstances including being a double leg amputee but the next day i received an email stating my appeal was rejected?

      I was parked at Livingston shopping centre but have never experienced having a ticket as I had been parked for 2.5 hrs and 2 hours i think was the allowance but displayed my blue badge?

      should i pay it?

    Viewing 25 replies - 1 through 25 (of 33 total)
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    • #307122
      Mack2024
      Participant

        Hi everyone, i recently received a parking charge notice from a company called nexus for £60 if paid in 14 days or £200 thereafter and I immediately appealed the charge as I was in a disabled bay and had explained i definitely displayed my blue badge and also explained my circumstances including being a double leg amputee but the next day i received an email stating my appeal was rejected? I was parked at Livingston shopping centre but have never experienced having a ticket as I had been parked for 2.5 hrs and 2 hours i think was the allowance but displayed my blue badge? should i pay it?

        Absolutely no

        I'm blunt and straight to the point and I make no apologies for it!
        Bipolar, OCD and a multitude of other MH issues

        #307128
        Scotty
        Participant

          Hi Footloose, if it was in the Livingston Shopping Centre you must display a valid ticket and your blue badge.
          I displayed both but had bought my ticket from another ‘zone’  as the machine was not working yet with camera recognition I was given a parking fine.
          it’s not the first time, my car crossed over the line in a second parking bay in the snow (as I could not see the lines) and I was given a parking ticket!

          #307129
          kdwolf
          Participant

            From what you described I understand it is a private land. Can you advise if you paid / obtained valid ticket and presented it on the dashboard? Have they provided you with photographic evidence of the front (dashboard) of your vehicle?

            Also it worth noting that legally those are not notices, but invoices. Invoice for a breach of contract.

            If you sure your appeal was rejected by Nexus (I am very surprised they responded so quickly), your next step is https://www.popla.co.uk/

            N.B. I would treat VERY carefully the above “Absolutely no” suggestion. Yes, it does work for many, myself included, but you must be aware you take a legal risk here.

            Sent from a mobile device.
            Apologies for briefness and spelling mistakes.

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            #307133
            Footloose
            Participant

              Thank you to everyone for your replies but I believe it’s best to pay it and learn from it 😊

              #307137
              tintim
              Participant

                Reading your last post you may have already paid the PCN? But if you haven’t?,I agree with @Mack2024,Don’t pay it.

                If you think you have a good case? Tell them that you’ll fight it all the way and you’ll see them in court!.From past experience they will probably drop the charges before it goes to court. But only you can decide how far you want to take it?
                Good luck!

                #307138
                Jojoe
                Participant

                  We once got out of a parking ticket for parking in a loading bay. The loading bay had a 5 minute limit, we found a case online where a blue badge holder successfully argued that it takes a disabled person longer to get out of the car and set up the wheelchair and a 5 minute time limit was unfair. We quoted the case and the ticket was cancelled.

                  #307139
                  kdwolf
                  Participant

                    We once got out of a parking ticket for parking in a loading bay. The loading bay had a 5 minute limit, we found a case online where a blue badge holder successfully argued that it takes a disabled person longer to get out of the car and set up the wheelchair and a 5 minute time limit was unfair. We quoted the case and the ticket was cancelled.

                    Loading bay has its own complexity. I won my PCN Appeal against Westminster.


                    @Footloose
                    – back to my original question: have you paid the fine already? If not- my first impression, without knowing all the details, you have a good case with POPLA.

                    • This reply was modified 3 months, 1 week ago by kdwolf.

                    Sent from a mobile device.
                    Apologies for briefness and spelling mistakes.

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                    #307141
                    PaulH
                    Participant

                      A parking charge notice (PCN) from Nexus, likely issued by CP Plus (trading as GroupNexus), is a private parking ticket, not a council-issued fine. These charges are typically for breaches of parking terms and conditions on private land. You have options: appeal the notice, pay the discounted charge if applicable, or potentially ignore it and face the consequences of non-payment, which could include further action from Nexus.
                      Understanding the Notice:
                      Private Land: Nexus, operating as CP Plus or GroupNexus, manages car parks on private land, not public roads.
                      Breach of Contract: The PCN is essentially a claim for breach of contract, based on the parking terms displayed on signs.
                      Not a Penalty: It’s not a penalty in the same way as a council-issued parking fine.
                      Options for Dealing with the Notice:
                      Appeal: You can appeal the PCN to GroupNexus within 28 days of issue.
                      Reduced Rate: If you appeal within a shorter timeframe (often 14 days), you might get a reduced charge if your appeal is rejected, as per Thrifty Family.
                      Independent Adjudication: If your appeal to GroupNexus is rejected, you may be able to escalate it to an independent appeals service (IAS) if they are a member of an accredited trade association.
                      Pay the Charge: You can pay the full charge or the reduced amount if applicable.
                      Ignore the Notice (at your own risk): Some people suggest that parking companies may not pursue small debts, but this is not guaranteed, and ignoring it could lead to further action, including court claims.
                      Court Action: GroupNexus may pursue court action for unpaid charges, which can include court fees and potentially costs if they win.
                      Protection of Freedoms Act: The Protection of Freedoms Act 2012 allows private parking companies to pursue registered keepers for unpaid charges, if they can’t identify the driver.
                      Important Considerations:
                      Signage:
                      Make sure you review the parking terms and conditions on the signage at the location to see if you might have a valid defense against the charge.
                      Evidence:
                      Gather any evidence that supports your case, such as photos of the parking area, payment receipts, or other relevant documentation.
                      Time Limits:
                      Pay close attention to the time limits for appealing or paying the charge to avoid losing your options.

                      #307142
                      Footloose
                      Participant

                        I have tried to pay the reduced charge of £60 as it is within the 24 day period but it only shows £100 fee on the payment page when due to pay?

                        #307145
                        Glos Guy
                        Participant

                          Hi everyone, i recently received a parking charge notice from a company called nexus for £60 if paid in 14 days or £200 thereafter and I immediately appealed the charge as I was in a disabled bay and had explained i definitely displayed my blue badge and also explained my circumstances including being a double leg amputee but the next day i received an email stating my appeal was rejected? I was parked at Livingston shopping centre but have never experienced having a ticket as I had been parked for 2.5 hrs and 2 hours i think was the allowance but displayed my blue badge? should i pay it?

                          This is quite complex. You’ve had some good advice about appeals processes, plus some poor advice to just ignore it!

                          Was the ticket for not displaying a Blue Badge when in a disabled bay, or for overstaying a time limit? If it’s the latter, and there is no exemption stated for Blue Badge holders, then unfortunately they have you bang to rights and your blue badge and disability won’t wash with them unless someone feels benevolent.

                          As has been stated, these tickets are not legally enforceable fines if issued on private land, and it’s well worth appealing them, but you need to mention quite a few things in the appeal which I’m guessing that you won’t have done. I had one once and, after a lot of research, my appeal letter was two full A4 pages, including such things as asking them to evidence the financial loss that they had incurred (which, of course, they couldn’t). That was overturned! One other time I’d gone over on a time limit, so I grudgingly paid it as I was in the wrong and I didn’t want the hassle of having letter after letter with increasing levels of penalties and fees, followed by threats of civil recovery etc.

                          For those who advocate just ignoring these things, I recommend watching one of the programmes such as “Can’t Pay, Won’t Pay” or “Call the Bailiffs” to see how ignoring things such as this can get out of control and end up costing the person many many times the original fine!

                          #307146
                          Footloose
                          Participant

                            I haven’t paid the fine as yet but tried to pay the £60 reduced fee but would only allow the £200 payment even though I’m within the 14 day period for the reduced charge?

                            I have however appealed again through Popla 🤞

                            #307147
                            LeeBe
                            Participant

                              It might be worth noting for the future that they only have 14 days to send you the PCN, any later and they can’t hold the keeper liable (unless they say “yes it was me”)

                              #307149
                              Glos Guy
                              Participant

                                I haven’t paid the fine as yet but tried to pay the £60 reduced fee but would only allow the £200 payment even though I’m within the 14 day period for the reduced charge? I have however appealed again through Popla 🤞

                                Fingers crossed for you. So that we are clear, was the penalty charge issued because they claimed that you weren’t displaying a blue badge in a blue badge bay (in which case I would hope that you were provided with a photo confirming this), or because you overstayed a time limit which also applied to Blue Badge holders?

                                #307151
                                kezo
                                Participant

                                  Did you recieve a clear photo/s showing, you had not displayed the blue badge?

                                  If you have not payed, politely write back to tell the company firmly you’re not paying and why you think it’s unfair, but only do this if your confident and willing to take them on. At the same time you can appeal to the association the company is a member.

                                  Another useful site:

                                  https://www.parkingcowboys.co.uk/fighting-back/

                                   

                                  #307169
                                  DumfriesDik
                                  Participant

                                    It would get right up my goat, but to protect my sanity, I would just pay the £60. I hope you can get that paid. Please remind me I said this, should I get a ticket.

                                    Absolute scallywags. Best of luck to you @Footloose

                                    Skoda Enyaq Race Blue

                                    #307182
                                    on the spectrum
                                    Participant

                                      What happens if you cannot afford to pay it maybe food bills makes it unaffordable surely not every disabled driver is well off or able bodied either.

                                      #307183
                                      Glos Guy
                                      Participant

                                        What happens if you cannot afford to pay it maybe food bills makes it unaffordable surely not every disabled driver is well off or able bodied either.

                                        That wouldn’t be viable grounds for an appeal.

                                        #307186
                                        on the spectrum
                                        Participant

                                          Then sue me as they cannot get money out of a stone.

                                          #307188
                                          wmcforum
                                          Which Mobility Car

                                            they cannot get money out of a stone.

                                            No. But the process can be very painful as they try.

                                            #307189
                                            Avatar photoWardyGTC
                                            Participant

                                              A lot of parking on private land don’t allow free parking for disabled users, you really need to check the signage at every location before committing.

                                              You can fight PCN’s and would usually win BUT from my own experience of a two year legal battle over a PCN that I eventually won I actually wish I’d just paid it and saved myself the headache. The moral victory just wasn’t worth it.

                                              If I seem a little strange, that's because I am.

                                              Skoda Karoq SEL.

                                              #307191
                                              kezo
                                              Participant

                                                What happens if you cannot afford to pay it maybe food bills makes it unaffordable surely not every disabled driver is well off or able bodied either.

                                                That wouldn’t be viable grounds for an appeal.

                                                That would only work when the baliffs come knocking with the “correct” court applied warrant and you offered to pay by installments, with a mutually agreed payment plan i.e £10 monthly.

                                                However, enforcement in court is still not financially viable for small parking fines but, they do go this rout on occasion, to send a wider picture out they will do it, just to send a message to the wider public.

                                                Unless you are prepared and want a battle along with constant harassment (which is illegal), it’s easier to pay the initial charge.

                                                 

                                                #307201
                                                Avatar photoELTel
                                                Participant

                                                  The blue badge as far as I Understand, only applies to the highways and council owned car parks not private land. So any fine or charge for not displaying a BB is unlawful. I used to work in this industry, although for my local council on the roads and on there housing estates. The whole system including the appeals process is corrupted and needs regulation. It would take me a while to explain all that. They try it on as most will pay or they will give you stress trying to chase you for even more and more.

                                                  If you appeal for instance, not to them directly, but to the appeal body they signed up to, you often lose the right to pay the lower amount if they find the case against you still. As you’ve found out they not actually allowing you to pay a lower amount, during the period offered under contract. S o that could be a breach of contract and just because you put something in a contract does not make it lawful. When you contact the appeal body the parking company pays them to hear the case not you. So only then can you really under law not be allowed to pay the lower fee during the period Setout. Most won’t know this and will then pay the full fee to stop further action. They know exactly what they doing and if It goes to court you case is good they’ll just drop the case against you, not lose it..

                                                  On private land any argument against or for the charge or invoice is a contractual one. You could email them again and offer £60 to settle the claim and state your case. Although I’m not sure what your actual invoice is for and what your basis for appeal is.

                                                  Which at the time of parking they didn’t provide there full terms of contract, just a small version. Also do they have the correct authority to act for the actual land owner. That is important.

                                                  If one goes to court and asks for this to be provided which is your right. Odds are they will drop the case. As they won’t want that information becoming public. Personally I have never had to use that,  but I have won a few cases, I was sure I could win.

                                                  Do not agree to fast track. Ask for it to heard at your local court. For instance if you actually bought a ticket and you entered the reg wrong slightly. what actual loss is there… none. Overstaying the time you paid for unless you have had a medical episode, then I’d just pay it.

                                                  Although I really prefer using carparks where I pay after not before so it’s never is an issue of overstaying but it’s not always possible.

                                                  EX30 SMER Ultra

                                                  #307202
                                                  Glos Guy
                                                  Participant

                                                    What happens if you cannot afford to pay it maybe food bills makes it unaffordable surely not every disabled driver is well off or able bodied either.

                                                    That wouldn’t be viable grounds for an appeal.

                                                    That would only work when the baliffs come knocking with the “correct” court applied warrant and you offered to pay by installments, with a mutually agreed payment plan i.e £10 monthly. However, enforcement in court is still not financially viable for small parking fines but, they do go this rout on occasion, to send a wider picture out they will do it, just to send a message to the wider public. Unless you are prepared and want a battle along with constant harassment (which is illegal), it’s easier to pay the initial charge.

                                                    The problem is that the monthly payment plan won’t be to pay the £200 initial charge (let alone the £60 reduced one), it will have escalated several times over once enforcement fees, penalty charges, recovery costs etc etc are added! A small initial fine can be well worth them pursuing once all these costs add up

                                                    I’m still unclear as to whether the error lies with the OP (perhaps incorrectly assuming that time limitations didn’t apply to those with a blue badge) or with the parking operator (failing to see a displayed Blue Badge). If it’s the latter then I agree that they need to provide a photo to prove their case, otherwise I’m sure it would be overturned at appeal. If it’s the former, I also agree that it’s best to just pay the £60 and move on. It’s just not worth the hassle and anxiety, as these ‘bar stewards’ don’t give up without a fight and nowadays you have the added potential issue of unpaid debts being sold to very aggressive debt recovery agencies.

                                                    #307308
                                                    Tharg
                                                    Participant

                                                      @Footloose In my experience of these privately owned parking con-men, you don’t stand a chance, mate. I got a PCN in one for being 12 inches outside the bay marking line – had to do this because bay so narrow could not get out of car.

                                                      Was going to appeal but did some research and found that none of the appeals made ever lead to a cancellation of fine. This seems to  apply to all of the different, private parking con-men across the country.

                                                      Research the management/staff/owners of “your” one. I bet you’ll find that the majority and got a criminal conviction tucked away somewhere; that they have been “directors” of at least six concerns which have gone into liquidation; that many of them have previously worked in “security application” aka club bouncers.

                                                      That is what I discovered about the firm issuing my PCN – they are a bunch of small-time villains who have discovered a perfectly legal way to rob you. They get the law to do it for them – if you appeal and take it to court, they WILL win. Moreover, they will tot up penalty factors and increase the amount they steal from you. In some cases a £60 fine has become £5-600 or more.

                                                      My advice, and it really sticks in my throat, pay the £60 and avoid all the angst, worries (and in some cases physical threats from the bouncers).

                                                      #307310
                                                      kdwolf
                                                      Participant

                                                        @Footloose In my experience of these privately owned parking con-men, you don’t stand a chance, mate. I got a PCN in one for being 12 inches outside the bay marking line – had to do this because bay so narrow could not get out of car. Was going to appeal but did some research and found that none of the appeals made ever lead to a cancellation of fine. This seems to apply to all of the different, private parking con-men across the country. Research the management/staff/owners of “your” one. I bet you’ll find that the majority and got a criminal conviction tucked away somewhere; that they have been “directors” of at least six concerns which have gone into liquidation; that many of them have previously worked in “security application” aka club bouncers. That is what I discovered about the firm issuing my PCN – they are a bunch of small-time villains who have discovered a perfectly legal way to rob you. They get the law to do it for them – if you appeal and take it to court, they WILL win. Moreover, they will tot up penalty factors and increase the amount they steal from you. In some cases a £60 fine has become £5-600 or more. My advice, and it really sticks in my throat, pay the £60 and avoid all the angst, worries (and in some cases physical threats from the bouncers).

                                                        Totally disagree. It is a matter of approach – if you have a case, you should appeal. And with the appeals cometh the experience: I won all my last three appeals when escalated to POPLA.

                                                        Sent from a mobile device.
                                                        Apologies for briefness and spelling mistakes.

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