Parking at The Gym

niggle58

OK yes I am a newbie and no, I didn't read these threads before I wrote to Smart Parking. So apologies!

I have been going to the same gym for 9 years. they recently changed their machines and I was driving my wife's car.

I always get a ticket but they say I didn't and I always throw them away. You have to put your number plate in and it is free for two hours when you do.

She received a PCN with two photos. One of her car going into the car park beneath the gym and one exiting 72 minuted later.

I replied to them with this in my name and signed it:

Parking Invoice xxxxxxxxx

Dear Sirs,
Just to let you know I was at Total Fitness whilst my car was parked there. I’m happy to pay the rate for the hour and thirteen minutes I was in the gym but as you have an agreement with them for anything under 2 hours, this comes to £0.00

I have been going to that gym for 9 years and this is the first time I have received an invoice from you. We have two cars, the first in my name and the second, in my wife’s.

Mxxx Uxx
Sxx Oxx
You will no doubt have 100s of entries mostly under Mxxx Uxx but also quite a few under Sxx Oxx.

It seems your new machine has a problem with the second one, Sxx Oxx so please will you check your records for any misspellings or typing errors? I’m sure that can be requested under the freedom of information act can’t it?

The new machines have caused endless problems in the gym with people queuing up unable to use them. I have to say though I always get a ticket, it’s just that they invariably end up in the bin! I’m sure you will be able to see either the Sxx one or the Mxxx one though – possibly miss-typed. My eyes aren’t as good as they used to be.!

I have however been able to verify my attendance at the gym which is enclosed. It shows that I was in the gym between the times you have the car there.

I do hope this is sufficient,

Your sincerely & thank you

My name (Husband of my 'wife's name' who has never been to the gym)




So I didn't say I was driving just that I was there.

I now have a rejection letter with a POPL number saying I can't appeal to Smart but I can to POPL. Thing is I have been going for years, I am convinced I had a ticket. I have my attendance record from the gym showing I was going there and of course it is free when I am in the gym if I get a ticket.

So what to do now? to make matters worse they have sent me a second PCN dated just 5 days after the first so the whole thing is double!

Points:

* The car is in my wife's name and the original letter was to her.
* I replied as I am the gym goer
* I didn't actually say I was driving but I suppose it is implied.

I have no idea who owns the land and what the relationship is with Total Fitness - the gym I go to.

So any advice would be truly appeciated as I now have two fines one replied to and teh other not.

Best Regards niggle

Redx

it is implied and you said "my car" , whereas it is not your car at all

in theory , this has nothing to do with you , its all in your good ladys name and so she as keeper is making the popla appeal (HER car, not "my car")

the second one should be appealed using the blue text template , as keeper , to the PPC , no naming the driver

the gym should be cancelling both tickets so get them involved and make life uncomfortable for them until they are cancelled , especially if an occupant of the vehicle was a gym member

neither you nor your wife have any "fines" , you have 2 speculative invoices that need to be quashed, ideally by the gym, or try and get them quashed at popla

post #1 of the NEWBIES thread has the template appeal as keeper

post #3 aids you to make the popla appeals from the person named on the postal NTK letters

a person who is NOT the keeper can do all the doinkeywork, but the appeals should be from the person named on the paperwork

do not make any more admissions, plead the 5th , the "no comment" angle in future - ie:- do not aid a PPC by providing them with a witness statement that buries the person making it


in future , keep any "tickets" for about 3 to 6 months , they are a receipt for your contract with the business , like shop receipts from the supermarket


I have never understood why people keep wanting to commit hari kiri on themselves by blabbing , you dont see them do this on any police programmes on the tv

Half_way

You should also be asking the gym why your visits are being restricted to two hours, i assume you are paying them a hefty membership sub, are there any use restrictions on that?

Umkomaas

I’m sure that can be requested under the freedom of information act can’t it?

Only from public bodies. Unless your gym is a local authority facility, you're barking up the wrong tree.

Thing is I have been going for years, I am convinced I had a ticket. I have my attendance record from the gym showing I was going there and of course it is free when I am in the gym if I get a ticket.

Irrelevant to POPLA. More likely to help you lose rather than help you win your case. But you must appeal to POPLA (on quite different grounds) where the charge can be killed off. Read the NEWBIES FAQ sticky, post #3 for how to construct a winning POPLA appeal.

What did the gym manager say when you told him/her that after 9 years of unbroken membership, and on the basis that he/she is unwilling to help a loyal member, [STRIKE]they can stick their membership firmly up their 4rseholes[/STRIKE] you will be cancelling your membership and moving to ABC gym where they have no such predator harassing, intimidating and attempting to extort money from their loyal customers?

NeilCr

Is the car park exclusively for gym members?

If yes - see the gym manager face to face and be firm - not the reception staff. ETA. And, if yes, I am with Half Way as to why it's limited to two hours

Or is it like ours where we get a concession of three hours free parking in someone else's car park (in our case local council)

If yes - the gym manager may not have the authority to do anything. S/he may be able to ask the landowner to waive the ticket

Coupon-mad

Sigh...such a shame. This would have been won first time, one appeal, if the keeper had sent the forum appeal template. Smart Parking always fold.

Now, the wrong person has appealed and has the POPLA code.

Same as all the other ones like it. Search POPLA Smart - copy one and show us.

NeilCr

Umkomaas wrote: »

What did the gym manager say when you told him/her that after 9 years of unbroken membership, and on the basis that he/she is unwilling to help a loyal member, [STRIKE]they can stick their membership firmly up their 4rseholes[/STRIKE] you will be cancelling your membership and moving to ABC gym where they have no such predator harassing, intimidating and attempting to extort money from their loyal customers?

It's going to come as no surprise that I disagree with this approach!


Firstly, we do need to understand just whose car park this is and what authority the gym manager may - or may not - have. In my experience more gyms than not do not have their own car parks. Folks use shopping centre car parks etc. As said there may be an agreement to have free time in these car parks for gym users.

If a gym has it's own car park I would have thought that they will be looking to encourage people to stay not go after two hours. Having said that I do know that some Total Fitness gyms do have their own car parks. More usually the leisure centres

Secondly, I never get this need to wave the big stick straight away - particularly at landowner and businesses.. Sure be firm - but be polite and non threatening. . I've found that this approach works quite a lot of the time.

Thirdly. I've always taken the view that you shouldn't make threats or promises unless you intend to carry them out. In this instance OP has been using this gym for over nine years. He may see this differently but I know a lot of regular gym users and none of them would quit because of a parking issue - however badly handled. They'd complain - moan to other gym members but go somewhere else - no. And gym managers aren't stupid. They know this.

I love this forum - it's hard work sometimes but it's fun and it helps a lot of folks. But, I do think it can get a bit tunnel visioned - and lose sight of the realities of the world outside. For most people getting a parking ticket is annoying/aggravating/irritating and they want it to go away. You can see that from the numbers who never come back here - and I get just how fed up regulars get with the lack of feedback and thanks.

But they have gone back to their usual lives - which includes using their favourite gym/supermarket/store/restaurant. That's more important to them than an unjust, badly handled parking ticket which is, often, transient.

bouicca21

If a ticket is issued to a member at my gym (co-owner of car park), the manager tells the parking company to cancel it. No hassle at all.

NeilCr

bouicca21 wrote: »

If a ticket is issued to a member at my gym (co-owner of car park), the manager tells the parking company to cancel it. No hassle at all.

Sounds good. I think if our gym owned the car park the manager would do the same.

Out of interest, is there a maximum length of time you can be there? I only know one gym with it's own dedicated car park (it's in a park) and that's unlimited.

Unless there is a space issue I can't see anything in it for the gym to limit parking. As Half Way suggested upthread

niggle58

Thanks for all of the comments chaps - I really appreciate this! - just a few points:

1. The car park is not owned by the gym - whilst it is under (physically under) the gym, it also used by shoppers and cinema goers.

2. The request for information as to my records was to Smart not the gym

3. Two hours are free - you can pay for more but I have never gone over the two hours.

So as I understand it:

1. Write to or tell the gym manager and see what he can do. Be firm but not aggressive,.(I have spoken to them and they do not own it and say they cannot do anything apart from providing evidence I was there)
2. My wife writes to Smart and appeals with the first denial as keeper.
3., in addition, I write using the 'POPLA Smart method of appealing #3' appealing on .... what grounds?

I can go to the car park and take photos, that's not a problem but are we talking about a huge appeal letter to get them to drop it?

Which one will suffice? as I said I have two now and I have been as stupid with the second as the first.

Regards niggle

NeilCr

I am not an expert on the ticketing appeal processes and what is the best order to do them in. I'll leave that to those who know but I can't see any harm in getting in touch with the gym manager. He may be able to do something about the ticket although I am not sure what authority he will have in regard to a car park not owned by the gym.

Personally, I'd see him face to face -you may be more comfortable writing,though.

ETA. I've just seen your edit. Did you speak to the manager? If it was reception staff it's unlikely (not their fault) that they would know the intricacies of the car park contract (if there is one)

Good news re proof of attendance, anyway