Minster Baywatch Claim Form Received

Coupon-mad

Yes that's good.

Zach20161

Thanks, having spoke to the MP's office, they had pointed out the gym's website states "Free Parking" not stating for members only or anything along those lines. Is this something worth including in the defence?

I plan to get images of the entrance and car park signage on my lunch break but having had a quick look on google maps its virtually non-existent signage, just a camera on a pole at the back of the car park. Once I've obtained the images I'll post them in here

Fruitcake

Zach20161 said:

Thanks, having spoke to the MP's office, they had pointed out the gym's website states "Free Parking" not stating for members only or anything along those lines. Is this something worth including in the defence?

I plan to get images of the entrance and car park signage on my lunch break but having had a quick look on google maps its virtually non-existent signage, just a camera on a pole at the back of the car park. Once I've obtained the images I'll post them in here

Include anything and everything that may help your case. 

Coupon-mad

Zach20161 said:

Thanks, having spoke to the MP's office, they had pointed out the gym's website states "Free Parking" not stating for members only or anything along those lines. Is this something worth including in the defence?

I plan to get images of the entrance and car park signage on my lunch break but having had a quick look on google maps its virtually non-existent signage, just a camera on a pole at the back of the car park. Once I've obtained the images I'll post them in here

No rush.

Photos come later. Not with a defence.

Zach20161

Great. I went out and took some photos, a few points to make:

Visibility of these signs are poor, the first being on a roadside wall which is a blind side to a driver turning in from the side of the road I was on. The second being placed next to an unrelated branded marketing sign.

Both signs states customer parking only, in which I was on the particular day of the PCN. 

Imagine both of these on a heavy rain day and this can be a busy road that leads into the heart of York, especially at 3pm on a Friday. Anyway, ignorance is a poor defence so I won't continue with that part.

We spoke to the chaps in the gym and you must input your reg to a tablet inside to avoid being penalised, fair enough, but on the day I just opened the door and went to my appointment at the barber located inside.

See images:

Coupon-mad

Yep that's not prominent. And we suspect the keypad inside is not massive and obvious with huge yellow or red arrows pointing to it.

A typical hidden keypad scam, seen from this rogue industry for years. 

Zach20161

I can always poke my nose in and have a look but I'm fairly confident it would be Ultraflex branded at most.

Coupon-mad

It's usually an insignificant small box with at best, an A4 sheet telling people to use it...

Not the level of clarity & prominence of 'consumer notices' that the CRA 2015 requires.

Zach20161

AoS submit.

Zach20161

Point 5 in my defence updated to:

5. On the date in question, the Defendant had a legitimate appointment at York Ultraflex Gym, Layerthorpe. This appointment necessitated on-site parking, which is a facility presumably provided for the convenience of gym users and visitors. The gym’s website advertises 'free parking' for this site. This advertisement does not explicitly state or delineate the terms and conditions set by Minster Baywatch. The Defendant relied on this representation and was not aware of any additional terms concerning parking. The Defendant contends that the signage pertaining to parking regulations, especially those set by Minster Baywatch, is not sufficiently prominent or clear on the gym premises. This lack of visibility contributed to an unintentional oversight of any specific terms. There was no intention of violating any parking rules and the Defendant believed they were in full compliance with the terms of use for the parking facility. If there was a deviation from the standard parking procedures, it was unintentional and may be attributed to a lack of clear signage not helped by the poor weather visibility on that particular day.

Any suggestions or is this eligible for my defence?