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Bannatyne gym Cardiff - Parking Eye

Short story:
  • Parked at Bannatyne gym 6/10/19
  • Didn't know to enter vehicle reg details (1st time at the gym as a guest).
  • Left gym.
  • Postal PCN from ParkingEye (£100) received 10/10/19
  • Contacted gym & have received an email confirming my attendance inc times.
  • Emailed their General manager asking this to be cancelled - 20/10/19
  • Awaiting reply...

I plan to challenge this PCN.
  1. Am I correct that this postal PCN is my NTK?
  2. Do I now email my appeal using the template in the NEWBIES thread?

What is the best approach please.

Advice much appreciated.

Comments

  • Umkomaas
    Umkomaas Posts: 42,865 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    All actions above correct - well done.

    You can leave your appeal to PE pending the outcome of the GM’s response. However, you mustn’t miss the PE 28-day deadline if the GM is tardy in replying. Don’t miss sending that in time.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 148,002 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Why not wait for the Gym to confirm cancellation first, then forward that email to P/Eye. Certainly no rushing the appeal as that reduces your timeline for POPLA and narrows your options.
    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
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 21 October 2019 at 9:42AM
    [FONT=verdana, geneva, lucida, lucida grande, arial, helvetica, sans-serif]PE signs leave much to be desired. Many judges might find them insufficiently clear to form a contract, read this;[/FONT]

    [FONT=verdana, geneva, lucida, lucida grande, arial, helvetica, sans-serif]https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading[/FONT]

    Why do these scammers prey on gyms?

    With modern technology entering a VRN in a remote terminal is totally unnecessary and, if this were to get to court, a judge is likely to treat it as de minimis.

    https://en.wikipedia.org/wiki/De_minimis

    [FONT=Times New Roman, serif]Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    [/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    [/FONT]
    You never know how far you can go until you go too far.
  • Thanks all for the information.

    The Gym's general manager has also confirmed our attendance, but says we must appeal (and that usually as a measure of good faith, PE drop the charge to £20)...

    Appeal wise, should I:
    1. include only that text from the NEWBIES appeal written in Blue,
    2. Also include the information stating that we did use the gym?
    3. Wait until about 20-days to delay the process?
    4. Appeal now

    Thanks as always. You're help is always appreciated.
  • pete-20-11
    pete-20-11 Posts: 1,293 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Debt-free and Proud!
    Why hasn’t the GM cancelled it?

    I hope you’re not going to sign up and give that gym any money - take your trade elsewhere!
    PPI success. Banding success. Double Dip PCN cancelled! South facing solar (Midlands) and battery. Savings Session supporter (is it worth it now!?)
  • Coupon-mad
    Coupon-mad Posts: 148,002 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Tell the gym the £20 offer is standard from ParkingEye but they will cancel it if the landowner asks again, so please can he ask for it to actually be cancelled, given you are a genuine customer who he doesn't want to lose for the sake of £20.
    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
  • So the gym refused to request the cancellation.

    I've sent the appeal using the text from the NEWBIES thread.

    I included the email confirmation that we were also using the facilities as an attachment.

    Will update you when they respond.

    Thanks all.
  • Ralph-y
    Ralph-y Posts: 4,636 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    did you cancel your membership when they refused to help ?


    write lots of nice feedback on social media



    Ralph:cool:
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    So the gym refused to request the cancellation.

    Why not write bad stuff on their website.
    You never know how far you can go until you go too far.
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