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CEL requesting payment after POPLA unsuccessful appeal

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Comments

  • Coupon-mad
    Coupon-mad Posts: 152,826 Forumite
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    jyom said:
    Coupon-mad said:
    7.  I had the honest belief that their system had accepted my VRM and had no way of knowing their system had failed.  This must be unfair under the Consumer Rights Act 2015 ('the CRA') as well as the above regulations, because the trader holds all the cards and refuses to accept retrospective proof of a VRM that they already know (in their system data) belongs to a genuine gym patron.  The court is required to carry out a test of fairness (s71 of the CRA) whether it is pleaded by either party, or not.   Like the UTCCRs, the CRA contains a list of terms (known as the “grey list”) which will usually be regarded as unfair if they are included in consumer contracts

    Sounds like point 7 here has been written on thhe assumption that my VRM is on the list, so I'm omitting it. My VRM is not on the list that day at all, even though I entered it.

    I reworded point 3 to:

    3.  I was a bona fide member of XXX’s Gym XXX on the date of alleged parking breach, (Please refer to Exhibit 01 EX-01 & Exhibit 02 (EX-02) of my evidence) and authorised to use the Club’s facilities including the Car Park. As always, I claimed my free parking by entering my VRM into the iPad system at reception. There is no reason why I would not do this as the Claimant hasn’t alleged me of any parking breach at the car park prior to this, despite being a member and attending the gym before the date of the alleged breach.

    All your points are very valid and Im sure will land on the good side of the judge. Thanks for your continued support throughout. 



    No, I wrote it KNOWING that your VRM was not on the list and I honestly suggest you stick with my version or amalgamate it as you need the words I used about having an 'honest belief' and you can't bin the point about s71 of the CRA 2015, it's really important that the Judge realises they have a duty to consider fairness.
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  • jyom
    jyom Posts: 37 Forumite
    10 Posts First Anniversary Name Dropper
    Coupon-mad said:
    No, I wrote it KNOWING that your VRM was not on the list and I honestly suggest you stick with my version or amalgamate it as you need the words I used about having an 'honest belief' and you can't bin the point about s71 of the CRA 2015, it's really important that the Judge realises they have a duty to consider fairness.
    Hi @Coupon-mad , My head was in a bit of overdrive yesterday (with work and WS) :):) , I have submitted the WS last night to the court and CEL by email. I have just read your point 7 again and I now fully understand the line that threw me off.
    7.  I had the honest belief that their system had accepted my VRM and had no way of knowing their system had failed.  This must be unfair under the Consumer Rights Act 2015 ('the CRA') as well as the above regulations, because the trader holds all the cards and refuses to accept retrospective proof of a VRM that they already know (in their system data) belongs to a genuine gym patron.  The court is required to carry out a test of fairness (s71 of the CRA) whether it is pleaded by either party, or not.   Like the UTCCRs, the CRA contains a list of terms (known as the “grey list”) which will usually be regarded as unfair if they are included in consumer contracts
    Initially I understood as if it meant the VRM was on the list on the day, but now I understand it as meaning "past system data logs (which obviously CEL could have checked)."
    All other points were amalgamated into my WS, including all comments from @Fruitcake
    Question now is: Can a defendant submit additonal WS (in my case, to add this point 7) OR How can I add this point to the WS and inform the court and CEL? I am thinking if it's not possible, I will make note of this point and mention it at the hearing.
    Many thanks.


  • Fruitcake
    Fruitcake Posts: 59,464 Forumite
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    You can submit a supplementary WS, especially if you are within the submission deadline.
    Even if you are too late, send it anyway. The worst that can happen is that the court/judge will reject it, but you may still be able to bring the subject up at the hearing.
    I married my cousin. I had to...
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  • jyom
    jyom Posts: 37 Forumite
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    edited 23 June 2021 at 11:51AM
    Quick update everyone,
    CEL failed to turn up today at the video hearing. DJ awarded me costs and mentioned they find it unreasonable that the claimant refused to turn up at hearing. Although DJ said CEL can still re-apply for another hearing, that it's not completely over until after about 6 to 8weeks of nothing from them to the court. So, I will still have to wait and see what they come up with, if they come up with anything, but for now the order is that the claim is vacated and for them to pay me costs.
    Many thanks to everyone who have contributed to this matter.
  • Le_Kirk
    Le_Kirk Posts: 24,698 Forumite
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    Let's hope that is the end - although there have been recent reports of "technical failures" and claimants not turning up being given more leeway than would have been given to defendants in the same situation.
  • Coupon-mad
    Coupon-mad Posts: 152,826 Forumite
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    edited 23 June 2021 at 5:21PM
     Brilliant news!

    ANOTHER CEL ONE BITES THE DUST!


    PLEASE COME BACK HERE EVERY WEEK OR SO, BECAUSE THIS IS REALLY IMPORTANT PLEASE: 

    The new (final) Government Consultation this Summer is something you must make sure you get your say in, given what you've been through.  

    https://forums.moneysavingexpert.com/discussion/comment/78411172/#Comment_78411172

    Please, please come back every week to check and make sure your voice - AND YOUR FRIENDS’ AND RELATIVES’ VOICES TOO -  is/are not missed from this final opportunity to take part in the Government Consultation, coming very soon!

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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