Validated my parking in the gym - got a fine anyway

ilikecrisps

Hi,

I have read through the newbie post and struggled to pick out the bits relevant to my situation in the wealth on information (and I don't quite understand some of it). So apologies for starting a new thread if it's all in there but I would appreciate some direct advice if anyone has experienced this particular problem before.

My gym offers free parking if you type for reg in on the machine inside (branded the same as the car park). I did this, and still received a fine. I appealed instantly explaining the situation to them, and suggesting perhaps the machine didn't link my reg to their system, but have received a rejection. I hadn't googled this beforehand, so haven't got a copy of the appeal I sent but I almost certainly indicated I was the driver. I optimistically thought they would understand, but it's clear from the rejection they haven't understood/attempted to understand the free gym parking situation. It basically just says I should have bought a ticket. 

I have contacted my gym to explain to them in the hope they might help. Looks like it might be a POPLA job.
My questions are:
1) I have the time recorded that I used the gym on my app. Will proving I was in the gym even be a point of argument? There isn't really a template for this kind of thing on POPLA examples.
2) Burden of proof on them - is my lack of reg on their system proof? I can suggest their system was faulty but I can't prove it.
3) Is my initial appeal an issue? i.e. sending instantly, saying I wad the driver etc.
4) Do these specifics even matter to my individual case - or is it just a copy and paste job of the points I can argue? I can't quite tell what percentage of a POPLA appeal people actually type up themselves.

Thanks

D_P_Dance

You did not get a fine, you received an invoice for monies to compensate the PPC for the harm they allege they suffered at your hands, you owe them nothing unless a judge so orders it.  The newbies thread answers most/all of yoyr questions, please read ti.

Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation.,

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers. On 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, and hopefully this will become law shortly

Coupon-mad

I have contacted my gym to explain to them in the hope they might help.

I assume, being a gym, this is Civil Enforcement (CEL)?  Follow that up on Monday and ask for the Manager and ask them to cancel it because CEL have rejected your appeal (don't mention POPLA).

 Looks like it might be a POPLA job.

Avoid that for now, the code will last 32 days.  You MUST get the gym to cancel it because POPLA won't be likely to.
My questions are:
1) I have the time recorded that I used the gym on my app. Will proving I was in the gym even be a point of argument?   NO, BUT SAY IT ANYWAY, IF YOU HAVE TO DO POPLA AS A LAST RESORT
 There isn't really a template for this kind of thing on POPLA examples.  BECAUSE IT'S NOT A WINNING POINT AT POPLA
2) Burden of proof on them - is my lack of reg on their system proof?  IT'S GOOD ENOUGH TO IMPRESS POPLA EVERY TIME
I can suggest their system was faulty but I can't prove it.  WE KNOW!  WHICH IS WHY GYM CANCELLATION IS BETTER
3) Is my initial appeal an issue? i.e. sending instantly, saying I wad the driver etc.  DON'T ASSUME. CONTINUE AS REGISTERED KEEPER

 haven't got a copy of the appeal I sent but I almost certainly indicated I was the driver.

Don't assume that, and if you do a POPLA appeal do it as registered keeper and point out that the NTK is non-POFA in wording.

Half_way

What have you/did you say to the gym?

 You should be prepared for them to reject what you said, and fob you off  with some excuse.

To help us to help you, please provide some more information....

Is this car park for the gym and the gym only? or is it part of a retail park?

Is the parking company acting for the gym( more likely if its the gyms own car park)  or the landowner ( more likely if the gym is on a retail park or other multiple occupancy site)

Where is this Gym and its associated car park?

ilikecrisps

Coupon-mad said:

I have contacted my gym to explain to them in the hope they might help.

I assume, being a gym, this is Civil Enforcement (CEL)?  Follow that up on Monday and ask for the Manager and ask them to cancel it because CEL have rejected your appeal (don't mention POPLA).

 Looks like it might be a POPLA job.

Avoid that for now, the code will last 32 days.  You MUST get the gym to cancel it because POPLA won't be likely to.
My questions are:
1) I have the time recorded that I used the gym on my app. Will proving I was in the gym even be a point of argument?   NO, BUT SAY IT ANYWAY, IF YOU HAVE TO DO POPLA AS A LAST RESORT
 There isn't really a template for this kind of thing on POPLA examples.  BECAUSE IT'S NOT A WINNING POINT AT POPLA
2) Burden of proof on them - is my lack of reg on their system proof?  IT'S GOOD ENOUGH TO IMPRESS POPLA EVERY TIME
I can suggest their system was faulty but I can't prove it.  WE KNOW!  WHICH IS WHY GYM CANCELLATION IS BETTER
3) Is my initial appeal an issue? i.e. sending instantly, saying I wad the driver etc.  DON'T ASSUME. CONTINUE AS REGISTERED KEEPER

 haven't got a copy of the appeal I sent but I almost certainly indicated I was the driver.

Don't assume that, and if you do a POPLA appeal do it as registered keeper and point out that the NTK is non-POFA in wording.

Thanks for this, will press the gym. It's Euro Carparks.

ilikecrisps

Half_way said:

What have you/did you say to the gym?

 You should be prepared for them to reject what you said, and fob you off  with some excuse.

To help us to help you, please provide some more information....

Is this car park for the gym and the gym only? or is it part of a retail park?

Is the parking company acting for the gym( more likely if its the gyms own car park)  or the landowner ( more likely if the gym is on a retail park or other multiple occupancy site)

Where is this Gym and its associated car park?

I asked what they could do on their end as it is their free parking offer that I took up. 
It's a retail car park (Euro) that have a deal with the gym for free parking, and have their own validation machine inside the gym. 

Half_way

Euro car parks will be the name of the parking company acting for the owners of the retail park, who owns the retail park/where is it?

Do other units ( ie shops) on the retail park have similar "validation" methods?

ilikecrisps

Half_way said:

Euro car parks will be the name of the parking company acting for the owners of the retail park, who owns the retail park/where is it?

Do other units ( ie shops) on the retail park have similar "validation" methods?

No other units do as far as I'm aware. 

Ashton Retail Park. Looks like it's owned by Harbert Management Corporation.