Euro Car Parks overstay at Gym - Do I put this in the initial appeal

julienetmum

Would you believe it, the (unclear in my opinion) sign at the entrance also threatens wheel clamping. The sign does refer you to read the signs situated around the car park (of which I beleive there is one).



We've had a reply from the gym. They claim that signs advising of the changes were put up in April and May was a "grace" month where those overstaying were not fined. Also emails were sent. No email or other communication was received despite regular service texts being received eg, faulty showers, changes in opening times, events. Furthermore other gym members have been spoken to and they had no idea also about the new restrictions. Apparently there is the option to input your reg at reception but there is no machine/ipad whatever there and the receptionist spoken to didn't know anything about that.
The gym have said its a company decision to install the cameras to stop non members parking there.

The_Deep

Do the gym have a Facebook page? if so, why not write this up on it.

julienetmum

Already done. The reply was via Facebook from the deputy manager (I asked for the manager's name)

Coupon-mad

Apparently there is the option to input your reg at reception but there is no machine/ipad whatever there and the receptionist spoken to didn't know anything about that.

The appellant can win at POPLA simply by filming proof of that on his phone, and providing proof that he is a patron of the gym and would have complied, had anyone told him that restrictions had changed in recent weeks. A video can be uploaded along with an appeal to POPLA in due course, and a lack of a keypad means no gym members could have complied.

And by using the BPA CoP cited already, about extra signs needed for a change in terms. Google the BPA Code of Practice and search the latest version for those words and use them too, at POPLA stage.

If there really is no keypad, your brother needs to complain to his MP and Trading Standards because this is clearly a scam. Letters to be written from the heart - no templates!

julienetmum

Thanks, yes I have already googled the latest BPA CoP wording. The signs were changed from the old ones to the new ones (he photographed them) but they don't state explicitly that they are new terms just that the car park is controlled by camera and terms and conditions are to be found on the signs inside the car parking.



I shall get him to video reception/booking in area.


I personally am appalled by the attitude of the gym who really seem to have a its not our problem attitude. He's tied into a contract until January but even so it won't do to annoy regular long standing members like that.

julienetmum

I should say that there are automated barriers at the entrance to the car park which sucessfully deterred non members from parking there as on match days members used to have to get a token from reception to be let out.

Coupon-mad

OK so the 'token' system was changed? With no leaflets given out or emails sent to members?

So, you can say that this change in rules was not adequately communicated, see video showing no mention of it inside the building nor at the entrance at the barrier, so that drivers familiar with the car park would never know about any 'keypad' because it simply isn't there to be seen, nor referred to (except maybe in small print in a generic car park sign that a regular visitor would not have cause to go and read each and every time, on the off-chance some terms had changed).

Changes of terms - especially onerous ones that can have an effect that adversely impacts on a consumer and causes loss - must be communicated very prominently, as set out in the leading judgment of Denning MR, in J Spurling v Bradshaw [1956] EWCA Civ 3, in the well-known 'Red Hand Rule' where hidden/unknown terms were held to be unenforceable: ''Some clauses which I have seen would need to be printed in red ink...with a red hand pointing to it before the notice could be held to be sufficient.''

julienetmum

The token system was only ever in place on days when the football club next door were playing at home. In fact it was seen as a perk of being a member that if you were also a ticket holder at said football club your gym membership gave you free matchday parking as long as you visited the gym beforehand. Many members were prepared to pay slightly over the odds for gym membership for this "perk". On those days a security guard manned the barriers.



Its probably not relevant but the day in question was not a match day but a weekday morning.

julienetmum

Just to update. The driver has capitulated and has decided to pay the charge. I have said I think they should still complain very strongly to the gym but its up to him I guess.

Coupon-mad

That's terrible. Sad sad sad and very wrong.