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Ashton Retail Park - Excell Parking

24

Comments

  • Half_way
    Half_way Posts: 7,029
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    You tell the gym that unless they call off their agents, you will be charging the gym for your wasted time at £19 per hour or part thereof, plus any additional costs such as travel expenses etc.
    Keep an accurate time sheet including time spent on research.
    If the gym are deducting staff wages, there could also be a minimum wage issue at play as well.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Fruitcake
    Fruitcake Posts: 58,150
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    Cancel your gym membership anyway. Tell all your friends and family about the scam. Leave negative feedback about the gym on their website if they have one, Fakebook, Trapadvisor, Tw@tter, and contact your local press. The more bad press the gym get the better until they realise employing a parking scumpany is hurting them financially.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Redx
    Redx Posts: 38,084
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    fostany99 wrote: »
    Looking at where to go with this next??

    a complaint to the gym (puregym) or landowner demanding immediate cancellations

    and IGNORE excel and all debt collector letters, waiting for an LBC and/or MCOL and defend yourself , in court if necessary

    ie:- you have the right to defend yourself in court, sometime in the next 6 years , if it gets that far , use that right and dont fall for the hype along the way

    dont keep looking for the "next step" , sometimes there isnt one , so stop
  • Half_way
    Half_way Posts: 7,029
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    Asuming that its the Gyms car park, and they have hired the parking company somehting like this - dont copy the below it will need some tidying up- its just for an idea

    Dear Gym manager, further to my recent conversations with you regarding the parking charge notice issued by Simon Renshaw-Smiths Vehicle Control services. As previously stated i will not be paying your agents ( the parking company ) over inflated charge, which was levied as a direct result of failing on your part ( staff failing in their duty to inform me)
    If i had been aware that such a company was operating on your car park i would have cancelled my Gym membership, or not even joined.
    As it as, i am now receiving several letters from your agents, VCS and I am now instructing you to tell your agents to cease all communications with immediate effect, and remove my details from their system as a formal request under the data protection act.
    As the parking company are your agents, you are alos libale for their actions, should you chose to allow VCS to continue to pursue this matter then i will have no other option that to invoice you at £19 per hour or part thereof.
    I am aware of the so called independent appeals service, which is anything bu independent, and fails on several counts to meet the requirements as laid out in the Alternative Dispute Regulation for Consumer Disputes (Competent Authorities and Information) Regulations 2015

    I am now offering you the following options:
    1: to call off VCS and instruct them to remove my details from their systems immediately
    2: To offer an alternative dispute resolution service that complies with, or exceeds the requirements as laid out in the
    Alternative Dispute Regulation for Consumer Disputes (Competent Authorities and Information) Regulations 2015 for whose decision i may or may not accept, note: the Independant appaeals service as offered by the IAS/VCS/Gladstones/Will Hurley fails in this respect - as this may be time consuming on my part an invoice/fee will be charged to you at £19 per hour or part thereof.

    3: to continue to allow VCS to pursue me, for which i shall be invoicing you for wasting my time at £19 per hour or part thereof


    If you chose option 1, and call off VCS, as a gesture of goodwill I am prepared to forgo any expense claims that i may have against you,

    lots of love, fostany99
    Alternative Dispute Regulation for Consumer Disputes (Competent Authorities and Information) Regulations 2015 - See more at: http://www.mayowynnebaxter.co.uk/blog/new-law-on-alternative-dispute-resolution-for-traders-and-consumers/#sthash.SKXSWhAZ.dpuf
    Alternative Dispute Regulation for Consumer Disputes (Competent Authorities and Information) Regulations 2015 - See more at: http://www.mayowynnebaxter.co.uk/blog/new-law-on-alternative-dispute-resolution-for-traders-and-consumers/#sthash.SKXSWhAZ.dpuf
    Alternative Dispute Regulation for Consumer Disputes (Competent Authorities and Information) Regulations 2015 - See more at: http://www.mayowynnebaxter.co.uk/blog/new-law-on-alternative-dispute-resolution-for-traders-and-consumers/#sthash.SKXSWhAZ.dpuf
    Alternative Dispute Regulation for Consumer Disputes (Competent Authorities and Information) Regulations 2015 - See more at: http://www.mayowynnebaxter.co.uk/blog/new-law-on-alternative-dispute-resolution-for-traders-and-consumers/#sthash.SKXSWhAZ.dpuf
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Hi All

    So after some correspondence to excel and pure gym (i've cc'd them in to the responses) and them seemingly have spoken to each other I have recieved a without prejudice offer too settle the "charge" for £15 per PCN as a cancellation fee (£75 in total)

    Excel are once again saying it is pure gyms responsibility to make me aware of the terms and conditions of the use of the touch screen terminal not theirs.

    I've got issues around the signage in the carpark, pure gym etc and still willing to take the matter to court if they don't waiver this cancellation fee - will also make reference that I made Pure Gym aware of the PCNs within 7 days of them being issued (incorrectly)
  • yotmon
    yotmon Posts: 484
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    I think that if the offer had been £15 to cancel all the tickets, then i would have been tempted to accept. However, to charge £15 each time they press a cancellation button seems a bit excessive to me.
    Excel are saying that it was Pure gyms responsibility, yet they are acting as agents for Pure gym. Is this not a case of the tail attempting (or succeeding) to wag the dog !
  • Redx
    Redx Posts: 38,084
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    it is PUREGYM,s responsibility to ensure members follow the rules and they are responsible for each and every £15 due to their incompetence in not making sure that members are aware of the terminal and the parking rules

    effectively , they are both jointly and severally liable and so accountable

    so much so that in theory you could have paid all the £15 charges and took out a claim against puregym, but is it worth the hassle ?
  • fostany99
    fostany99 Posts: 17
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    Hi All

    I have been issued with a letter of claim including schedule of parking notices along with a reference number. In the top left it says In the county court business centre.

    Any suggestions or threads I can look through to prepare a response

    Thanks
  • Coupon-mad
    Coupon-mad Posts: 130,572
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    Yep, read post #2 of the NEWBIES thread first.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Lamilad
    Lamilad Posts: 1,412
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    edited 7 March 2017 at 11:09AM
    fostany99 wrote: »

    Any suggestions or threads I can look through to prepare a response

    Thanks

    Too many to mention. Use the search function or scroll back through the pages to find loads of cases involving Excel.

    I don't think there's any point responding to this LoC. If it quotes a claim no. then it's already been filed with the court and you'll soon receive the N1 claim form+ response pack.

    There's been lots of cases similar to yours involving the Sports Direct Gym at The Cavendish Retail Park in Keighley. So search for those too on here and Pepipoo.

    When court papers arrive you'll need to acknowledge them online via MCOL that gives you 33 days from the issue date to prepare your defence so don't click the 'start defence' option. Ignore that for now
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