About to send defence letter - please help

GrubeLolo

KeithP said:

GrubeLolo said:

Keith, thanks for advising about the dates - really helpful! However don't understand why you would question why I'm defending this claim? I don't want to pay almost £300 for attending a gym I was a member of. 

But how is anyone going to enforce a Judgment against you if you are not in the UK?
The long arm of UK law isn't global.

I will be coming back to the UK within a year, I don't want to get any more court letters etc... 

Redx

Post your proposed new 2 & 3 and wait for feedback ( I hope you emailed a SAR to the DPO at CEL attaching a copy of the claim form as proof of I D under the GDPR law ? )

KeithP

GrubeLolo said:

My apologies. Well I have moved out of the UK in August 2020 and won't be back until early 2022. So I will be coming back and I don't want my credit score to be damaged by this claim. I would like it to disappear for peace of mind. 

So this point that you dismissed should perhaps be reconsidered...

GrubeLolo said:

D_P_Dance, I haven't complained to anyone about this and I don't intend to as I don't live in the UK anymore... 

GrubeLolo

Redx said:

Post your proposed new 2 & 3 and wait for feedback ( I hope you emailed a SAR to the DPO at CEL attaching a copy of the claim form as proof of I D under the GDPR law ? )

I haven't emailed a SAR to the DPO at CEL. I read up on it now and this is just to see what records they hold of me? Sorry I have never seen this before in my life. I'd be interested to see what they have though!

Proposed points 2 & 3: 

The facts as known to the Defendant:             

2.       It is admitted that the Defendant was the registered keeper and the driver of the vehicle in question, but liability is denied.

3.       Defendant has parked the vehicle in a parking space permitted by Golds Gym to use their facilities without expecting to receive any parking charges. When entering the gym premisses there is a machine to register your vehicle for parking and the driver has on one occasion forgotten to register his vehicle. The Defendant has parked his vehicle outside of Golds Gym to use their facilities many times in the past and has never received a parking charge. The Defendant has since then been harassed with numerous ‘debt recovery’ letters.

Le_Kirk

I would not be telling the whole world that I forgot to enter VRM into their infernal machine.  The defendant is a member of the gym and is therefore de facto authorised to park there and the machine must have failed to register the VRM on this one occasion out of many.  I would ditch the harassment actor, it is not a defence point, save it for the witness statement.

GrubeLolo

Le_Kirk said:

I would not be telling the whole world that I forgot to enter VRM into their infernal machine.  The defendant is a member of the gym and is therefore de facto authorised to park there and the machine must have failed to register the VRM on this one occasion out of many.  I would ditch the harassment actor, it is not a defence point, save it for the witness statement.

That does sound a lot better! I changed point 3 to the following: 

3.       Defendant has parked the vehicle in a parking space permitted by Golds Gym to use their facilities without expecting to receive any parking charges. The Defendant is a member of the gym and is therefore de facto authorised to park there and the machine must have failed to register the VRM on this one occasion out of many.

Coupon-mad

You could add to that paragraph:

The Defendant avers that the system causes an unfair imbalance against consumers and it would be a far more workable operation to exempt gym users by registering the car VRMs on a whitelist that the gym could control and update to support the interests of its members, registering the data as part of the online membership process as people join or memberships expire.  The system imposed upon the gym and its members by this Claimant, breaches the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, in that no receipts are offered or provided at the time of each distance transaction when inputting the VRM, so a consumer has no confirmation by 'durable medium' as required by those Regulations.  There is no way for a consumer to know if the system has failed one day, or whether the correct information has been stored, and as such, the Claimant has no evidence of the Defendant's alleged breach, which is denied.