Claim form received CEL

Loadsofchildren123

That's your best defence.


In many cases, where the RK was driving, it's pointless hiding behind the RK defence if there is a good driver's defence. Plus if you have no evidence that you weren't driving (eg insurance policy with other named drivers) the judge may make a finding you were (or may ask you if you were and you can't lie in court).


If you weren't driving, will the driver make a statement to prove they complied? They "out" themselves but provide evidence of the defence.


You're best off producing evidence that you/the driver complied with the T&Cs and defending on that basis. If you can prove you complied, there's no case against you. Legality of signage, and all those other points, become irrelevant. I wouldn't even bother much, if at all, with the technical arguments regarding how the Claim Form's been signed, the fact that the PoC are woefully inadequate, no proper LBC etc. I'd just say "driver complied with the T&Cs so there's been no breach". Job done.

Loadsofchildren123

The gym must help. Ask for a meeting with the manager. Tell them you're/the driver's being sued and that they offer 2 hours of parking as part of the gym package, and they have failed to fulfil that part of the contract and if they don't help get this cancelled then you will be suing them for all your losses.

Kdub

The gym have emailed their attendance log confirming the driver arrived and left the gym at the same time noted on the PCN however they aren!!!8217;t the ones who employ CEL and said there isn!!!8217;t anything more they can do.
Despite the fact I mentioned Homebase, who share the car park have intervened for their customers and cancelled PCN!!!8217;s (read a case on this forum regarding this same car park).

The gym doesn!!!8217;t have a telephone number (budget gym) and the skeleton staff they have on site (usually just one person) don!!!8217;t seem to have any authority to do anything. So frustrating. The driver is no longer a member, perhaps that is why they are doing the bare minimum.

Will the attendance register emailed from the gym with them claiming they can!!!8217;t do any more to get it cancelled be enough to defend this?
Thanks

KeithP

Wrong username... again. :rotfl: :rotfl:

Kdub

This was the gyms reply....

Thank you for your reply.

As you were at the Club when the fine was issued, we have provided your attendance record for this day below:

Xx Month 2017 Wed 00:00 Birmingham Kings Heath Turnstile 2 In Valid PIN
Xx Month 2017 Wed 00:00 Birmingham Kings Heath Turnstile 2 Out Valid PIN

This record can be used as evidence in any appeal you wish to lodge.

We have forwarded your details to our Team to see if there is anything they can do to assist however, we cannot guarantee that they can offer any help as the time period to do so has now been exceeded.

We hope this helps.

Kindest regards,
The easyGym Team

Kdub

I’ve decided to just use this one now. Kellogsk is dead to me. Haha. My plan to keep things separate and simple failed miserably.

Kdub

Thank you for your patience.

We have spoken with our Team at the Club and unfortunately they are unable to help as the period we can offer assistance has now been exceeded.

We wish you every success with your appeal and if we can be of further assistance, please let us know.

Kindest regards,
The easyGym Team

Kdub

You can be of further assistance by contacting CEL and cancelling the PCN :mad:

Kdub

I have printed out the attendance email and was going to write a letter to CEL with the email from the gym and ask them to cancel the court claim.

Is this futile? Should I just save it for the defence?

Coupon-mad

It is futile. This will end up discontinued later, after CEL have wasted your time.