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CEL requesting payment after POPLA unsuccessful appeal

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Comments

  • jyom
    jyom Posts: 37 Forumite
    10 Posts First Anniversary Name Dropper
    D_P_Dance said:
    That would not stop you calling them as witnesses.   
    How would I officially call them as witnesses?

    I just wrote the manager asking for an email to confirm that:
    1. I was a member of the gym when the incident occurred 
    2. I attended the gym on the date and time when the PCN was issued (you wont need to send a copy of the reader statement as I already have this, I would just like you to confirm this in writing).
    3. As a member of the gym, that I was allowed to use the car park or that members of the gym are allowed to use the car park. 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    jyom said:
    Ralph-y said:
    as for the gym ...... a tactic that some times helps .... tell the manager or head office CEO that if this gets to court you may well call then to give evidence ..... and that you would need dates that they are not available.

    Ralph B)  
    I did this but they responded saying they cannot do anything further as it's a private matter between me and the parking operator
    If they hired them , then it's not a private matter. They're a party to it, as this is their agent. They remain fully liable for their agents actions. 
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How would I officially call them as witnesses?

    Why not try to find the answer by using a search engine, google is good.  
    You never know how far you can go until you go too far.
  • jyom
    jyom Posts: 37 Forumite
    10 Posts First Anniversary Name Dropper
    Update on this matter with CEL:
    CEL have made a claim as expected.
    Quick summary: CEL are claiming for breach of car park T&Cs because the defendant failed to obtain an electronic permit to use the carpark. I have sought help with the gym on a number of ocassions, they have not proved very helpful in cancelling the ticket. Last email they sent is the below when I asked for some written confirmation to use as evidence if a claim is made by CEL that I was allowed to use the car park.
    1. Yes, you were still a member in XXX 2019 , your membership was cancelled in XXX and by giving us 30 days notice you could still use our facilities till end XXX 2019.
    2. Yes, you have attended the gym according to your usage ( membership card swipe) at the moment when PCN was issued
    3. As a member of the gym you can park your car in the Clubs car park -  only if the reg nr is typed into the tablets displayed at reception each visit to avoid further fines. The membership card is swiped so we can identify and allow access to members into the Club , the access to use the car park is given by registering the vehicle plate nr on tablets displayed.
    Question 1: Will this email be useful as evidence during WS and Evidence stage?
    Question 2: I have read the NEWBIES Post 2 and following all the steps carefully as advised. I have downloaded and read a copy of the template defense. I am thinking of adding these 2 points to the defense, thoughts and advise please?

    1.       Even though the Defendant was the driver of this vehicle, the gym - where the alleged contravention occurred - as the landowner have expressly given the Defendant the right to use the facilities provided by the club, the car park inclusive, as stated in Paragraph 15, Pt. (ii) of the terms and conditions of the membership agreement/contract. To follow this up, Paragraph 31, Pt. (b) makes mention of “Club Car Park”. During the contract period between the Defendant and the Gym, the contract was in no way amended to indicate that the Claimant can charge the Defendant for not obtaining a permit to park in the Car Park.

    2.       As a result, the Defendant is fully upholding the contract with the Gym in this matter and has deemed any contract with the Claimant as void.

    Thanks


  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 1 September 2020 at 6:13PM
    jyom said:
    Update on this matter with CEL:
    CEL have made a claim as expected. 
    What is the Issue Date on your County Court Claim Form?

    Have you filed an Acknowledgment of Service yet? If so, when?
  • jyom
    jyom Posts: 37 Forumite
    10 Posts First Anniversary Name Dropper
    @KeithP, Issue date is 27th Aug, at least 5 days have just elapsed as advised before doing AoS, thinking of doing it today.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    jyom said:
    @KeithP, Issue date is 27th Aug, at least 5 days have just elapsed as advised before doing AoS, thinking of doing it today.
    With a Claim Issue Date of 27th August, you have until Tuesday 15th September to file an Acknowledgment of Service, but there is now nothing to be gained by delaying it. 
    To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

    Having filed an AoS, you have until 4pm on Tuesday 29th September 2020 to file your Defence.
    That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.
    To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.
    Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.
  • jyom
    jyom Posts: 37 Forumite
    10 Posts First Anniversary Name Dropper
    Thanks, I have read the template defense and adapted it, I wanted to add those 2 points I mentioned earlier, what are your thoughts as those 2 points will serve as my "facts" paragraph. Also, will the email I received from the gym (mentioned in earlier post) help as an evidence, the 3rd point makes me doubt it will help?
  • Coupon-mad
    Coupon-mad Posts: 152,826 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think you are getting there but need to start #17 by setting the scene to tell the Judge what sort of car park it is and what the D was doing there and why they didn't input their VRM (because nothing brought that onerous term to the D's attention?).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • jyom
    jyom Posts: 37 Forumite
    10 Posts First Anniversary Name Dropper
    I have reworded #17, I am not including why I didnt put the VRM as I have previously stated in previous comms that the Defendant input their VRM.

    1.       The car park where the alleged contravention occurred is a car park provided by the gym  for the use of club members which is part of the land where the gym building is situated. The Defendant attended the gym on the alleged contravention date. Even though the Defendant was the driver of this vehicle, the gym - where the alleged contravention occurred - as the landowner have expressly given the Defendant the right to use the facilities provided by the club, the car park inclusive, as stated in Paragraph 15, Pt. (ii) of the terms and conditions of the membership agreement/contract. To follow this up, Paragraph 31, Pt. (b) makes mention of “Club Car Park”. During the contract period between the Defendant and the Gym, the contract was in no way amended to indicate that the Claimant can charge the Defendant for not obtaining a permit to park in the Car Park.

    1.       As a result, the Defendant is fully upholding the contract with the Gym in this matter and has deemed any contract with the Claimant as void.


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