DCB Limited - Notice of Debt Recovery

Gr1pr

As above, you need to understand both sides of the argument and start learning what your best arguments may be, but you seem to believe that its free parking for members even if the parking contract has not been complied with, such as 

Poor and inadequate signage 
Faulty machine in the gym
Relying on the staff in the gym to ensure that the parking contract was met 
Promissory estoppel 
No landowner authority 

I am only trying to get you up to speed so that you develop suitable arguments, not foolish ones, you are spooking yourself due to assumptions instead of knowing the correct game plan 

At no time have I come to the conclusions that you have come to, especially not paying, that conclusion of yours is false, based on false assumptions and throwing in the towel 

Plan A is the best option, so keep at it, for as long as it takes 

I won't be apologetic whilst trying to get you to understand the nature of the beast , if you did what you usually do and normally there is no problem, then you tried to comply with the rules and so don't owe anyone anything !

Your first two posts indicated this 

Unhelpfulelf

Okay i appreciate both of your helps.

This is what the signage and terminal looks like 

Unhelpfulelf

Gr1pr said:

As above, you need to understand both sides of the argument and start learning what your best arguments may be, but you seem to believe that its free parking for members even if the parking contract has not been complied with, such as 

Poor and inadequate signage 
Faulty machine in the gym
Relying on the staff in the gym to ensure that the parking contract was met 
Promissory estoppel 
No landowner authority 

I am only trying to get you up to speed so that you develop suitable arguments, not foolish ones, you are spooking yourself due to assumptions instead of knowing the correct game plan 

At no time have I come to the conclusions that you have come to, especially not paying, that conclusion of yours is false, based on false assumptions and throwing in the towel 

Plan A is the best option, so keep at it, for as long as it takes 

I won't be apologetic whilst trying to get you to understand the nature of the beast , if you did what you usually do and normally there is no problem, then you tried to comply with the rules and so don't owe anyone anything !

Your first two posts indicated this 

No i appreciate your help, im just clueless with this stuff. I just have doubts this other export company will play ball with me.

Gr1pr

So nothing on there for gym goers and clearly the PCN was issued due to the failure to sign in

You should try to get details about the signs and contract that the gym has with whichever party they signed with, Tenby or the landowner, and the usual procedure that the driver follows, especially if handing over the VRM to the gym as a third party ( so no method for drivers to know if it was done or not. , hence promissory estoppel. )

Its probably forbidding signage to all comers who fail to register ?

Bear in mind that if Parking Eye had a solid case they would deal with this in house, they have their own legal department, but farm out the iffy cases like yours 

Unhelpfulelf

Gr1pr said:

So nothing on there for gym goers and clearly the PCN was issued due to the failure to sign in

You should try to get details about the signs and contract that the gym has with whichever party they signed with, Tenby or the landowner, and the usual procedure that the driver follows, especially if handing over the VRM to the gym as a third party ( so no method for drivers to know if it was done or not. , hence promissory estoppel. )

Its probably forbidding signage to all comers who fail to register ?

Will source that contract but you might be onto something with the signage. see below the sign outside the gym with the other company on the premise.
Strange how this one states ‘Suman Bro’s & Graftism Gym’ (which btw is its old name ! it changed to Gritness) 

Unhelpfulelf

turns out anyway that the gym doesnt have a formal contract with Tenby (apparently, need to verify with GM tomorrow). So not sure how that would hold
up and how putting my number plate into the gyms VRM machine and parking in their car park has been the norm for everyone for so long. 

Gr1pr

This Saga is now getting to the nitty gritty of the hows and whys and contracts etc, especially what is or isn't in force or allowed, we know what happened and probably why it happened, the driver failed to comply with the terms and conditions listed on the old sign that mentions the wrong gym name 

Think about what happened on the day, and what usually happens, who gives the VRM to Parking Eye?  The driver or the gym staff. ?  Most pubs etc have an iPad on reception or at the bar, usually the driver does it, or the staff on behalf of the driver as an alternative .  ( Its a failure of the registration process or the contract or human error etc. )

Ideally the gym get it cancelled via the holder of the Parking Eye contract, especially if the ipad entry system failed on the day.  Its never too late to get it cancelled by the contract holder 

Its possible that since the change of name you have been misled, or the staff failed to comply with the signage on your behalf, get everything in writing and keep it, just in case  ( get copied in with the cancellation request from gym via contract holder to Parking Eye. )

Then what I suggest you do is assume that a claim has arrived and adapt paragraphs 2 & 3 of the defence template and show us them.  Presumably P2 would say keeper and driver.  P3 should reflect what we are finding out about that day and who did what, plus what usually happens when the system is working properly etc

But putting pressure on the gym or contract holder is by far your best option here, plan A, especially if you relied on them to input the details for the day of the incident 

fisherjim

If that photo of the terminal is what it displayed at the time it clearly states that your VRN has been added, it also states some form of system error on the PE link.

In my view you complied with the signage and needed to do no more, any systems failure is beyond your control or requirements of the T&C's.

I can't see a judge or POPLA could refute that personally!

Unhelpfulelf

fisherjim said:

If that photo of the terminal is what it displayed at the time it clearly states that your VRN has been added, it also states some form of system error on the PE link.

In my view you complied with the signage and needed to do no more, any systems failure is beyond your control or requirements of the T&C's.

I can't see a judge or POPLA could refute that personally!

Sorry my bad, on the day the terminal was down but have no way of proving that except from a confirmation from the gym.

Unhelpfulelf

Gr1pr said:

This Saga is now getting to the nitty gritty of the hows and whys and contracts etc, especially what is or isn't in force or allowed, we know what happened and probably why it happened, the driver failed to comply with the terms and conditions listed on the old sign that mentions the wrong gym name 

Think about what happened on the day, and what usually happens, who gives the VRM to Parking Eye?  The driver or the gym staff. ?  Most pubs etc have an iPad on reception or at the bar, usually the driver does it, or the staff on behalf of the driver as an alternative .  ( Its a failure of the registration process or the contract or human error etc. )

Ideally the gym get it cancelled via the holder of the Parking Eye contract, especially if the ipad entry system failed on the day.  Its never too late to get it cancelled by the contract holder 

Its possible that since the change of name you have been misled, or the staff failed to comply with the signage on your behalf, get everything in writing and keep it, just in case  ( get copied in with the cancellation request from gym via contract holder to Parking Eye. )

Then what I suggest you do is assume that a claim has arrived and adapt paragraphs 2 & 3 of the defence template and show us them.  Presumably P2 would say keeper and driver.  P3 should reflect what we are finding out about that day and who did what, plus what usually happens when the system is working properly etc

But putting pressure on the gym or contract holder is by far your best option here, plan A, especially if you relied on them to input the details for the day of the incident 

Okay thank you for your reply. 

Im going down in person during working hours to the contract holder, but they seem to claim on the phone that they cant get it cancelled due to it being at debt collection stage. Who should I get them to contact and on what number?

The gym have clarified to me that they categorically cannot do anything (its because they dont have a good relationship with the contract holder) and im still confused how it is allowed that there is no current written contract between tenby and my gym to say I can park on the land after 5 if i put my details in but some sort of verbal contract that isnt being displayed on the signs… 

but yh I cannot get the gym to do anything at this point, they seem to stand on the fact that I go sort it and they’ll send me any emails / written letters etc that I need to support this