PureGym / Smart Parking fine - Macclesfield Silk Road Retail Park - appeal rejected

FrequentSkill9905

Hi people

I have read through the sticky posts for a good while and tried to get as much info as I can, but, still a bit unsure how to proceed in my specific situation so needing advice please…

I'm a member at PureGym, regularly using different gyms across the country depending where my work is. At the beginning of April 24, I was in Macclesfield for a couple of weeks and used the PureGym there (Silk Road Retail Park) on numerous occasions. This site requires you to register your vehicle reg each visit - which I always do. The iPad that is used to register the vehicle was incredibly slow and temperamental on a couple of the visits - one night it took me 3-4 minutes to enter the details and there was a big queue of people - the person behind me said it is often like that.

I received a PCN from Smart Parking for my visit on 10/04/24 - I am as certain as can be that I didn't forget to input my reg plate, but there's a small possibility that I did forget to enter my reg plate. I contacted PureGym initially and they’ve done as expected and told me it's nothing to do with them and advised me to appeal with a screenshot of my Gym visits.

So I appealed via Smart Parking website on 03/05/24:

"Hello

I am a member at PureGym and was using the gym on the day of the PCN. As I always do, on every visit, I registered my vehicle registration number on the tablet inside the gym. There are often issues with this tablet - however, I have never, once, left the gym without ensuring that my vehicle is registered and the parking is validated. I will submit screenshots of my visits on the next section of this page.

Therefore, I will not be paying the ticket and would kindly request that it is cancelled.

Kind regards

NAME"

They have rejected the appeal and recently started sending threatening letters from Debt Recovery Plus. Obviously, they will clearly be able to see that my vehicle was registered and days immediately prior and immediately after - they also have a copy of my gym record demonstrating that I am a genuine user. 

I absolutely DESPISE these companies and will absolutely NOT be paying them. I have contacted PureGym again to demand that they support me with this and threatened to cancel my membership - they have responded the same as last time (it's nothing to do with them apparently) but have just sent a more strongly worded response so will see if that makes any difference.

I have read that an option is to offer £10 for their administration fee, but honestly, I don’t even want to do that. I would much rather tell them that I will happily see them in court (have done this once before many years ago - right before my court date they cancelled it, absolute cowboys).

How is the best way to proceed? Obviously, if it's best to offer them to £10 to cover my back then I will do that, but I really honestly do not want to back down to these people.

Not sure if this is relevant or not but currently I am seeking debt advice as I recently lost my job and my outgoings are now significantly more than I have coming in.

Thanks in advance!!!

Gr1pr

A lot of background information to digest in order to separate the issues into a concise statement 

Smart parking issued an NTK PCN letter to the registered keeper for the driver on the day not registering at a gym in Macclesfield. ( Regardless of the actual circumstances described above. ) In England

Unfortunately the RK has not sought advice first and told them the story and worse still has revealed that they were driving 

One easy appeal as keeper based on no keeper liability would have got this cancelled, but they now know who was driving so they won't cancel now

Missing information , did Smart parking issue a Popla code. ?  Yes or no. ?

If yes, why was no appeal made to Popla. ?  Or was it made. ?

Ignore the debt collectors, no contact, no phoning anyone, debt collectors are powerless 

If Puregym cannot cancel the PCN, maybe they aren't the Landowner, in which case, who is the actual landowner or managing agent. ?

Do not make any offers 

FrequentSkill9905

Thanks for pulling together the info in a concise way - much appreciated

in answer to the missing info:

Popla code - yes, popla code received on 29th May 2024 however this went through to my junk folder and I didn't see it until after 28 days had passed therefore no popla appeal submitted.

I won't be engaging with them apart from any advice given here and definitely will NOT be paying.

Thanks again.

Gr1pr

Looking on Google maps, the 6 years old pictures show that its the Silk retail park, hence why Puregym cannot help you 

If its not changed hands, the sign at the entrance shows the landowner as Orbit and managed by Emerson's, hence your complaint should go to them if its still the same. ( PureGym will be tenants, so did not employ any parking company. )

The same could have happened had you gone elsewhere there, but recent pictures of signs would help 

LDast

Come back if/when you receive an LoC or an N1SDT claim. No need to tell us or show us useless DRA letters.

Coupon-mad

Tell them if you move house within 6 years.  Demand that they ERASE the old address.

At the moment, Smart are too stupid to litigate but we can't assume they never will have a punt.  So you must get them to erase your old address if you move.

FrequentSkill9905

OK, thanks for the advice.

Just to clarify I've understood correctly - I do not need to take any action unless I receive a letter before claim OR N1SDT  ?

fisherjim

Correct, and no, scammers won't accept a £10 offer for their admin fee they are greedy low life, they are over the moon when these devices malfunction it's what potentially make them money, they don't make anything by being forgiving, or nice to people.

FrequentSkill9905

Yep agree with that and glad that this is the stance to take! Thanks again guys 🙌