Pure Gym - Total Parking Solutions - BW Legal - Overstay

Half_way

You should be putting as much pressure on the gym as well to get this cancelled, if they say they cant because:


>Its not managed by them, you need to contact the parking company they contract


> they cant as court proceedings have stated


the gym will be lying to youi

PROXYROXY

Okay, so I've recently received a letter from TCP threatening that my defence is weak and irrelevant. They state that I've stayed over the 3 hours of dedicated time and therefore there's no way I can defend myself. Any thoughts?

KeithP

PROXYROXY wrote: »

Okay, so I've recently received a letter from TCP threatening that my defence is weak and irrelevant. They state that I've stayed over the 3 hours of dedicated time and therefore there's no way I can defend myself. Any thoughts?

Is that all that has happened since last year?

Coupon-mad

My thoughts are that they are weak and irrelevant!

Surely you are at WS and evidence stage with a court date looming now?

Where's your draft WS for us to see, as per the NEWBIES thread 'what happens when'?

PROXYROXY

I'm drafting my WS now, but i'm on edge and they've really scared me.

They have also stated that they have found "my post" on here and that my comments on here mean i'm lying. I don't understand?

I could really do with some help. I'm really stressed.

Coupon-mad

The fact they have found your posting thread here and are using it to intimidate you, is laughable, as well as unreasonable conduct.

Ask Lamilad!

http://parking-prankster.blogspot.com/2017/02/a-bad-day-at-office-for-jake-burgess.html

Read that, relax and carry on.

Show us your WS against the utter shysters.

PROXYROXY

DEFENDANT'S WITNESS STATEMENT

I am XXX XXXXX, defendant in this matter and deny liability for the entirety of the claim.

1. On 00/00/0000 I entered the car park with the intention of entering into the 24/7 Pure Gym (Gym) facility as a full time member (Exhibit 1 - Membership Confirmation).

2. I stayed for 5 hours (Exhibit 2 - Gym Confirmation), unaware that my time spent in the gym was a breach of the car parking facility as this had not been an issue previously & the signage is not visible enough to show otherwise (Exhibit 3 - A Photo I took at a later date).

3. The Gym had not informed me that my membership only allowed for 3 hours of working out as my contract with the gym does not state a time limit to Gym usage (Exhibit 4 - Gym Guidelines).

4. After receiving multiple phone calls and letters threatening legal action, I became aware that this was possibly a scam. I turned to a forum for further clarification to which I was informed that the Total Parking Solutions (TPS) fines was a scam and that I should build a defence for my case (Exhibit 5 - MoneySavingExpert.Com Forum).

5. Due to any further lack of information, I began to build a defence with those who have understood these cases, and help those who are not as well versed in lawfully defending themselves.

6. I went back to the gym’s parking facility to recheck for appropriate signage and nowhere was I able to see that members of the gym were affected by this contractual agreement (Exhibit 3). Even at this point I had to refer to the claimants witness statement to locate the signage as it is not clear on entry.

7. Under the Gym’s terms and conditions and unclear signage, I was under no impression of understanding of contractual agreement that I was in any breach of contact.

8. Even when reaching out to TCP & BW Legal I was unable to be provided with any proof that they were under any authorization to enforce any issuance of parking notices (Exhibit 6 - An email sent requesting information).

9. I was unable to determine how the company had even collected my data and further to them already not providing me with any proof of identity, I wasn’t provided any reason why such intrusive data was collected when emailing them (Exhibit 7 - An email pertaining to GDPR information).

10. As well as this, I received no further plausible information off the back of my GDPR request itself (Exhibit 8 - GDPR Request).

11. I’m unsure what to say about double recovery.


----

Any advice at all would be greatly appreciated, i'm so stressed.

Coupon-mad

4. After receiving multiple phone calls and letters threatening legal action, I became aware that this was possibly a scam. I turned to a forum for further clarification to which I was informed that the Total Parking Solutions (TPS) fines was a scam and that I should build a defence for my case (Exhibit 5 - MoneySavingExpert.Com Forum).

If you are going to raise this, tell the Judge in the next point, how this Claimant has stalked your postings, contacted and intimidated you by gloating that they have 'found your posts' and have accused you of lying. State that this conduct is wholly unreasonable conduct during a court claim.

11. I’m unsure what to say about double recovery.

Search the forum for keywords. Those 2 words.

MothballsWallet

PROXYROXY wrote: »

I'm drafting my WS now, but i'm on edge and they've really scared me.

They have also stated that they have found "my post" on here and that my comments on here mean i'm lying. I don't understand?

I could really do with some help. I'm really stressed.

Roxy, please, please, please do not let these "people" stress you out - that is exactly the reaction they want, so the stronger you can be, the better.

I know it sounds like oft-repeated cliche speak, but this is the case: BW Legal are a complete joke of a legal firm. I believe that they are in multiple breaches of the responsibilities placed on a solicitor by the SRA (again, imo) that all solicitors were reminded of via a memo sent out in 2018 (I started a thread to chat about what I found the other day).

PROXYROXY

Okay, i've edited it a little. Do you think the below is better?

I'm officially stressed.

DEFENDANT'S WITNESS STATEMENT

I am xxxxxxx, defendant in this matter and deny liability for the entirety of the claim.

1. On 0/0/2018 I entered the car park with the intention of entering into the 24/7 Pure Gym (Gym) facility as a full time member (Exhibit 1 - Membership Confirmation).

2. I stayed for 5 hours (Exhibit 2 - Gym Confirmation), unaware that my time spent in the gym was a breach of the car parking facility as this had not been an issue previously & the signage is not visible enough to show otherwise (Exhibit 3 - A Photo I took at a later date).

3. The Gym had not informed me that my membership only allowed for 3 hours of working out as my contract with the gym does not state a time limit to Gym usage (Exhibit 4 - Gym Guidelines).

4. After receiving multiple phone calls and letters threatening legal action, I became aware that this was possibly a scam. I turned to a forum for further clarification to which I was informed that the Total Parking Solutions (TPS) fines was a scam and that I should build a defence for my case (Exhibit 5 - MoneySavingExpert.Com Forum).

5. Due to any further lack of information, I began to build a defence with those who have understood these cases, and help those who are not as well versed in lawfully defending themselves. However, the Claimant has stalked my postings, contacted and intimidated me by gloating that they had 'found my posts' and have accused me of lying. A conduct which is wholly unreasonable conduct during a court claim.

6. I went back to the gym’s parking facility to recheck for appropriate signage and nowhere was I able to see that members of the gym were affected by this contractual agreement (Exhibit 3). Even at this point I had to refer to the claimants witness statement to locate the signage as it is not clear on entry.

7. Under the Gym’s terms and conditions and unclear signage, I was under no impression of understanding of contractual agreement that I was in any breach of contact.

8. Even when reaching out to TCP & BW Legal I was unable to be provided with any proof that they were under any authorization to enforce any issuance of parking notices (Exhibit 6 - An email sent requesting information).

9. I was unable to determine how the company had even collected my data and further to them already not providing me with any proof of identity, I wasn’t provided any reason why such intrusive data was collected when emailing them (Exhibit 7 - An email pertaining to GDPR information).

10. As well as this, I received no further plausible information off the back of my GDPR request itself (Exhibit 8 - GDPR Request).

11. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £70. The claim includes an additional £58.18, for which no calculation or explanation is given, and which appears to be an attempt at double recovery. Again, the Beavis case established that a parking firm cannot seek or plead a sum in 'damages'. Chaplair v Kumari is also distinguished and this is stated in the knowledge that this Claimant is likely to rely upon that case in their often trotted-out template Witness Statement. Far from supporting this attempt at double recovery, Chaplair was a decision about contractual fees set in lease terms, whereas parking charges are capped by the POFA/the will of Parliament at the sum on any Notice to Keeper, and not higher, and the Beavis case confirmed this by only allowing £85 and no bolt on 'damages' or imaginary debt collector costs.