PCN due to faulty tablet

nosferatu1001

Yes, of course you can ring and ask. 

Coupon-mad

But two claims would be good because the 2nd one is wiped out by cause of action estoppel (search the forum).

You have been back here to read the forum regularly since 2019 we hope, to keep up to speed with developments? You were bound to get a claim! 

Have you also read the new template defence (top of the forum) and re-read the NEWBIES thread post #2?  This is easy to defend.

The_Slithy_Tove

henteaser said:

I have now received a claim form dated 10th July. Completed AOS yesterday as per the forums guide to wait 5 days.

What happened when you complained to the gym as advised back in December? Don't tell us you didn't try to knock it on the head back then.

henteaser

Have you also read the new template defence (top of the forum) and re-read the NEWBIES thread post #2?  This is easy to defend.

Yes and thank you for your efforts in updating the defence for 2020 and in general on this forum, it's much appreciated!

I have email confirmation from both the gym owner and the land owner (county council) stating I am authorised to park on the land via gym membership. Confirmation I was in attendance of scheduled gym classes during the period in question. Their signage (which they were nice enough to send me photos of as part of my SARs) have no reference to tablets, vehicle registration entry etc. so I'm fairly confident.

What happened when you complained to the gym as advised back in December? Don't tell us you didn't try to knock it on the head back then.

Unfortunately it's a very small, family run gym. We know the owners on a personal level. And although they tried to help, they simply didn't know where to start or who to contact (other members who had received PCNs previously simply coughed up) but they did find details of the right person at council who own the land who actually DID have the gravitas to get it cancelled, but sadly it proved their only use was to confirm we were authorised to park there (AKA couldn't bothered ringing CE Ltd.)

Fruitcake

If the gym employed the scammers then surely they have the power to get the PCNs cancelled. If the car park belongs to someone else they should know who owns it. The gym owners have allowed the scammers to install a tablet. There must be some sort of contract to cover this. Do they charge for the power it uses, or are they paid by the scammers for the power it consumes?
I really find it inconceivable that a gym would install a piece of someone else's kit on their premises but have no control over the issuing of PCNs.

Coupon-mad

but they did find details of the right person at council who own the land who actually DID have the gravitas to get it cancelled

The Council own this land and provide the car park to the public?  And the gym don't have the CEL contract but the local Council does?  In that case there can be no keeper liability but that doesn't help if you are admitting driving.

henteaser

I really find it inconceivable that a gym would install a piece of someone else's kit on their premises

The gym is based on a council owned business park, with various other types of businesses based there too. The gym rents the building from the council. The council own the car park. The council entrust the darlings at CE Ltd to run the parking. I would imagine the gym has very little say in whether the tablet is present in their entrance and it's just part of their tenancy 

The Council own this land and provide the car park to the public?

The signage isn't clear on this but it seems it's intended for patrons of the businesses only (there's no other reason joe public would park there, it's not in the town centre or near anything of interest).

The signs say "OBTAIN A PERMIT FROM RECEPTION" however there are no "permits", not in the physical sense anyway. Upon making enquiries after the PCN, the confused security guard in reception confirmed this and said they don't give out permits it's all done "on an iPad, talk to whoever you are visiting".

Coupon-mad

That's yet another defence point then.  That the signs require an action that is impossible to fulfil.

Fruitcake

A council car park cannot be run as if it was private land. Do a forum search for council owned privately run car parks. There are at least two threads about this that I can recall.

https://forums.moneysavingexpert.com/discussion/comment/70895919#Comment_70895919

https://forums.moneysavingexpert.com/discussion/5527635/euro-car-parks-ticket/p1

twhitehousescat

T whitehouse was promptly removed from looking after 8 car parks belonging to preston counsil , after a little cat birdie informed them oh ..............it was fun to watch , meeow