MET parking / Virgin Active gym PCN

forumuser1665

Hello there.

I've read through a LOT of the newbie information, but I did end up going round in circles and my brain got a bit frazzled so please forgive me if I make a mistake here.

I think I should start a new thread to do with the PCN we have received, and what I'd like to do is tell you the story and then draft a POPLA appeal and get some feedback on it.

I hope that's right. Are you sitting comfortably? Then we'll begin...

We are members of Virgin Active gym in Solihull (and I notice there's another thread on here of someone who fought the same battle, but in a very personal way without using the templates).

We got the PCN in April, and appealed firstly to Virgin Active themselves (unsuccessfully) and then MET Parking (also unsuccessfully) on the following grounds:

- the signage in the car park says there is a limit of 4 hours car parking and does not mention any possible extension, whereas inside the building there is a different sign which says by entering a vehicle registration the car parking time is unlimited, and as such the time limit aspect is unenforceable (I got that from the guy who had the exact same problem).

- when the car parking signs first went up, I asked in person about the parking limitations, and was not told we had to enter the vehicle registration. Maybe there is no excuse for ignorance, but from that point (a few years ago) I have never paid any attention to the signs. However, I was told that since we are members we can use that car park for as long as we like as long as we are using the facilities (which we were).

- we overstayed the 4 hours by around 15 minutes. I think that a £100 charge for 15 minutes extra car parking does not seem fair.

- MET Parking do not have any financial interest in the land. The car park is used by Virgin Active for members only (which we are), but the land is owned by Blythe Valley Business Park. I can't find it now but I believe they are not allowed to charge unless they have an interest in the ownership of the land.

I also enclosed photos showing the discepancies between the outdoor and indoor signs, to support the argument that there can be no time limit applied if time is unlimited by entering a registration.

Right. I hope I'm on the right track. I'm now going to draft the POPLA appeal document, which I will post here later, but any initial feedback would be appreciated.

I should mentioned that in the appeal response from MET (originally sent 26th of April, but never received by us, so it was re-sent on Friday and arrived today) does include a POPLA verification code which is valid (they sent a new one in the follow-up letter).

I have been into the POPLA appeal just to see the options, and I'm not sure whether I should say (a) we were not improperly parked (we can park there as long as we like as members), (b) the amount requested is not correct (£100 is excessive for 15 minutes parking) or (c) "other reasons" and then write a long letter.

Anyway. I will get on and draft the appeal letter and post it here later.

Quentin

Don't give up on the gym who presumably you pay for the privilege of parking in with your subscription. Raise hell. It will be much simpler to get this killed off

And if you have inadvertently used your real name as your forum name you need to get MSE to change it asap. The ppcs monitor this forum and can use your posts against you

Coupon-mad

Right. I hope I'm on the right track. I'm now going to draft the POPLA appeal document, which I will post here later, but any initial feedback would be appreciated.

Yes, sounds like the signage argument has legs, if you explain it well to POPLA's Assessor (NB: they are not legally-trained). Any ambiguity of terms drafted on a sign or contract, MUST be interpreted in the way that most favours the consumer - as per the Consumer Rights Act 2015, Transparency section:

https://www.addleshawgoddard.com/globalassets/specialisms/financial-regulation/consumer-rights-act-guidance.pdf

I should mentioned that in the appeal response from MET (originally sent 26th of April, but never received by us, so it was re-sent on Friday and arrived today) does include a POPLA verification code which is valid (they sent a new one in the follow-up letter).

Quelle surprise!

MET in ''the lost rejection letter/POPLA code'' shocker! We had one like it on here or on pepipoo forum at the weekend, where the document they said was the *missing* rejection letter from April, had just been edited that day...

Anyway you need to read the NEWBIES thread post #3 where the template POPLA appeal wording is, and where it tells you to submit a long PDF appeal under 'OTHER'. Not ticking other boxes.

Did you admit who was driving, or not?

forumuser1665

Thanks for your swift responses so far.

I will check out that link later, and indeed I am basing my response on the template in NEWBIES post #3. There is such a lot to read it will take me a while. I will try to get my draft posted on here tomorrow.

There has been no admission in the appeal of who was driving, and I won't mention it on here.

forumuser1665

Right then. I've waded through a lot of stuff, and I've put together an appeal which is based on a mixture of the templates, what a chap called Ian wrote in his appeal against MET Parking on the very same car park, and a few words of my own.

I've gone with the "everything but the kitchen sink" approach advocated by Coupon-Mad as I want to get everything in there.

The draft can be seen here on dropbox (you'll have to add https colon slash slash double-u double-u double-u dot d rop b ox dot co m in front of this, and remove the spaces, as I can't post links):

/s/rfu1ff1p95qanfe/our-appeal.docx?dl=0

The only things I've left out are the keeper's name and the POPLA reference, which I will fill in before sending it.

I am unsure as to how suitable point 6 is in this case. I chopped a lot out which was relevant to a faulty parking ticket machine. in this case, there is no charge for parking, and there is no time limit if you enter your vehicle registration. I have mentioned before that I asked staff about the new parking signs when they were first put up, and no mention was made of the registration entering then. I think that machine has been brought in more recently but having been told it wasn't aimed at members and was aimed at non-members using the car park for other reasons (shopping, airport, etc.) I had never paid it any attention until now. I have also left that out of the appeal, but can include it if anyone thinks it might help.

Any advice on this at this stage, gratefully received.

forumuser1665

I just found the button to say thank you to previous posters.

Maybe someone else can piece together the link from what I've written up there and post it. The reason I'm not allowed is that I'm a "new user". I'm not, as I've been lurking here for ten years, but I haven't posted much. Or maybe it's because I got MSE to change my username on Quentin's advice.

Quentin

You need more posts before you can do links. Changing your name just retains your anonymity

forumuser1665

It makes perfect sense that I need to post more often before I can post a link.

Would anyone with more posts be kind enough to piece together the link and post it here, so it's easy for anyone to access?

Umkomaas

forumuser1665 wrote: »

It makes perfect sense that I need to post more often before I can post a link.

Would anyone with more posts be kind enough to piece together the link and post it here, so it's easy for anyone to access?

https://www.dropbox.com/s/rfu1ff1p95qanfe/our-appeal.docx?dl=0

Coupon-mad

Your POPLA appeal looks to have all the points needed. I like the individual touches and photos from inside and outside, and the Virgin Active contract terms about parking, proving ambiguity.

forumuser1665

Thanks for the feedback. It sounds like if it were your own appeal, you'd be happy to put it forward. I will tidy up the last bits and do so...but first I did take Quentin's other piece of advice as well, and realising that I only took my appeal to the local club management, I contacted head office. I'm waiting for a call back promised either today or tomorrow. I will send the appeal to POPLA after that if that is also unsuccessful.

Many thanks to all who contribute to this forum. It really is a brilliant resource. I will keep you updated on the progress as I know you like to keep the stats of how many people you have helped.