Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Student229
    • By Student229 25th Feb 17, 10:16 AM
    • 12Posts
    • 11Thanks
    Student229
    Driven Home from Uni to find a series of threatening letters
    • #1
    • 25th Feb 17, 10:16 AM
    Driven Home from Uni to find a series of threatening letters 25th Feb 17 at 10:16 AM
    Hi all,

    I've read relevant stickies, but am not sure how best to proceed so I would appreciate any advice you can give.

    I'm at University in Southampton, and registered with EasyGym in Shirley. Whenever you enter the gym you're supposed to input your registration details.

    Due to circumstances, I haven't been home since before christmas. To my surprise, I've found that upon two occasions I had incorrectly put my registration on the screen inside. These occasions were back in November, and hence it would appear I've missed the opportunity to appeal with POPLA. I am now receiving 'Notice of intended action' from Debt Recovery Plus Ltd on behalf of Premier Park Ltd. I don't want to be intimidated by these cretins, but feel I've missed the opportunity to take appropriate action.

    Please advise me on how best I should proceed, as a student... I really could do without shelling out £300
    Last edited by Student229; 16-03-2017 at 10:07 AM.
Page 2
    • fisherjim
    • By fisherjim 16th Mar 17, 10:54 AM
    • 1,936 Posts
    • 2,762 Thanks
    fisherjim
    After some pressing, EasyGym have said that Head office is looking into it and trying to help - I call BS on that one. I tried to phone Premier Park to explain the situation, and they weren't having any of it, again expected. I reminded them that the 28 days for appeal is for their convenience and doesn't hold any legal status - they didn't seem bothered. They said they could do nothing with my case as it was in the hands of their debt collection agency.
    Originally posted by Student229
    All the usual old rubbish I'm afraid, but never phone a PPC you are wasting your time and can drop yourself in it as well as them thinking they have fished a live one.
    Of course both the gym and the PPC can stop this but it's all about money.
    It's quite usual for a PPC to pay the landowner a commission of £10-20 for every successful payer, and sometimes they charge the landowner a similar fee to cancel a charge.

    So you can see why they aren't playing ball.

    As for debt recovery muppets they are another leech that just add on a fee for sending threatening scrap paper, when they give up they disappear without a bean!
    To quote the words of the great Count Arthur Strong "You Couldn't make it up"
    • Coupon-mad
    • By Coupon-mad 16th Mar 17, 7:45 PM
    • 44,193 Posts
    • 56,921 Thanks
    Coupon-mad
    Never, ever phone a parking firm. Ever. It is surprising they even manage to answer the phone. Some nasty firms are so busy ripping people off and counting their dirty money for providing no service whatsoever.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Marktheshark
    • By Marktheshark 16th Mar 17, 7:56 PM
    • 5,426 Posts
    • 6,801 Thanks
    Marktheshark
    Why are you admitting typing in the registration incorrect ?
    This is their allegation to prove, not yours to admit.

    If the gym gave you permission to use the car park, you have a contract with the Gym.
    You could threaten to counter claim any loss against the gym if they issue CCJ proceedings.

    If more people did this, they would think twice about having scamers in the car park in the first place.
    Brexit will become whatever they invent it to be.
    • Half_way
    • By Half_way 16th Mar 17, 8:23 PM
    • 3,392 Posts
    • 4,733 Thanks
    Half_way
    Head office is looking into it and trying to help
    Chase that up..
    Dear Gym, you recently informed me that you/ head office are looking into a parking charge notice/notices reference number_____and trying to help in getting this parking charge cancelled. please can you get in touch within the next few days as a matter of urgency and let me know how this is progressing, as this mater is causing me a great deal of distress and worry.

    It doesn't say much, however if they do reply then in effect they are stating that the landowner/principal, that is the Gym does not authorise their agents, the pakrig company in pursuing this matter.

    This also leaves the parking company open to a claim for harassment, as long as you inform the PPC that the Gym does not support the PPC in continuing to pursue the matter
    also without landowner authority any court case would be killed stone dead, and as long as those pursuing court action, ie Gladstones solicitors/BW legal/some random person acting as a rep could be left open to a calim of unreasonable behaviour from which you could claim full costs and some more.

    You could even chuck the data protection act into this, as once the Gym has confirmed they do not support the action of their agents, you can tell the PPc to stop processing your data, if they continue then you have the option to claim.

    But all that depends on the Gym effectively saying they do not support the charge, and are trying to get the PPC to cancel, as well as informing all party's at the earliest stage that the principal does not support this, and you have made a demand for the PPc to stop processing your data.
    Should it come to court you will need to include all of this in any defence statement and submit it in time, including a counter claim for a breach of the DPA, on the condition that you told the PPC to stop processing data ( section 10 data protection act?) before hand
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • Student229
    • By Student229 21st Mar 17, 5:23 PM
    • 12 Posts
    • 11 Thanks
    Student229
    This is what I've just received from the gym, how best should I proceed here?

    I have heard back from Premier Park regarding the two outstanding PCNs.

    As both fines are over 100 days old and have been with the debt recovery agents for some time, they have incurred admin costs that they wish to recover.

    They have reduced both fines back to £60 for a period of 14 days from today. They would like a response by 17.00 this Friday as to how you would like to proceed.

    I’m sorry I wasn’t able to help further as I do sympathise with your situation.

    Kind regards,
    • Half_way
    • By Half_way 21st Mar 17, 6:21 PM
    • 3,392 Posts
    • 4,733 Thanks
    Half_way
    Try this: Get back in touch with the parking company and tell them that you will not be paying a penny of this, and as such the Parking company must now cancel all charges, or provide access to an Alternative Dispute resolution service, such as POPLA.
    The PPC will refuse, next get back in touch with the Gym..
    something like this:
    Thank you for you reply stating that you sympathise with my situation, from this i understand that you do not support your agents in pursuing this matter any further
    As you are aware you are jointly and severely liable for the actions of your agents, should this matter come to court then i will have no other option than to claim for unreasonable behaviour.


    If you dont want to go in to heavy against the gym, then you have the option to kill any action by the PPC dead, all you need is a letter signed by a representative of the gym stating that they dont support their agents taking this through the courts, without landowner authority ( ie the Gym) the parking company can not proceed in court.
    You will need to tell the PPC that you have a letter form the Gym stating this, the PPc will an can continue to send you letters with various letter heads until you tell them to stop, either put up and commence court proceedings, which is when you can play the letter of no support from the Gym., or you can charge them for your time, or harassment.
    If they do continue to pursue through court after you have informed them that they no longer have the support of their principal ( the gym) then you are within your rights to claim for unreasonable behaviour, you will need to hammer home the unreasonable behaviour aspect at all stages through your defence.

    This is a similar case about a Gym and a PPc this one involved CEL, and will need modifying and correcting

    Without the support of the principal, CEL can not pursue this in court.
    It does not matter what it says in any contract./agreement between the Gym and CEL regarding cancellation, without support from the principal the parking company has no authority to purse this matter.
    the Gym can withdraw this authority right up to the hearing I believe that a representative from the gym can also withdraw this authority right up to the point of judgement.

    try something like this
    Re parking charge notice__________ issued by Civil Enforcement Limited
    We ______________ name of Gym, do not support our agents, Civil Enforcement Limited pursuing the issue of a parking_ charge notice issued to _____________ in respect of a vehicle registration __________ through the court system and wasting valuable court time and public money on an issue that can easily be resolved out of court ____________ (name) was a customer of ours, using the gym for the duration of the parking event.
    We therefore ask that this unreasonable action by our agents against one of our vauled customers is struck out ( cancelled) with immediate effect

    Signed Name ( of gym employee/representative)_____________

    date___________________

    If they refuse to cancel, or agree to that, then look into a counter claim.
    Also take a good look at any terms and conditions regarding your gym membership, do as Fruitcake mentions.
    and also look into a counter claim against the Gym as a result of their agents actions.
    keep an accurate log of how much time you are spending on this, plus any other costs, you may be able to then use that in a claim against the gym for expenses / costs as you will have a hard figure and evidence.
    Plus if you get some money out of the rotten system, then it may make it a little easier, and worth while for all of us who give up our time freely to respond and help those victims of the PPC world, such as yourself.
    I have contacted your agents, and requested an Alternative Dispute resolution service, however they have refused this reasonable request, under The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 the consumer has upto 12 months after the event.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • Student229
    • By Student229 21st Mar 17, 6:50 PM
    • 12 Posts
    • 11 Thanks
    Student229
    Massively appreciate your reply, I will for the moment refrain from being too heavy-handed with the gym. There is some slight ambiguity as to who owns the land - when I first spoke with customer services, they were pretty insistent that they didn't own the land. Secondly, where do i stand legally on this, i.e. the terms and conditions state that parking is free for members, so long as they enter their registration number.
    • Coupon-mad
    • By Coupon-mad 21st Mar 17, 8:52 PM
    • 44,193 Posts
    • 56,921 Thanks
    Coupon-mad
    It's not anything legally regulated. It's ''you v them'', arguing contract law. Always is with these scum cowboys (a word used in Parliament to describe them, today, and Premier Park were specially singled out as one company to be named and shamed):

    https://hansard.parliament.uk/commons/2017-03-21/debates/382789C8-0168-4C4B-8260-0540AF83C7D3/DVLAAndPrivateCarParkingCompanies

    Stop worrying, you can see who is in the wrong and it isn't you.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

4,008Posts Today

10,295Users online

Martin's Twitter