Parking at the gym (and overstaying the 4 hours)

Ysekots

Hi,

my partner spent a day at the gym, working from there as they have the facilities for this. He also attended a gym class whilst there which he has the booking confirmation for as evidence. Because he overstayed the allocated ‘4 hour period’ set out by the parking company he received a PCN. Even though the car park has barriers which can only be opened with your private gym pass. He appealed the PCN but he missed the reply asking for evidence because it went to his junk folder and so the appeal was rejected. Under my instruction he contacted the gym to get the PCN cancelled however they said that once it’s passed the appeal stage there’s nothing they can do. He has since received all the debt collection letters from dcb legal and now we are at the small claims stage. He has completed the acknowledgment of service and has until Saturday to complete and send his defence (we were away on holiday immediately after receiving the AOS, which we opted for the extra 14 days, and now we are back and can get the defence done/filed). 

My question is do I still email the solicitor at DCB Legal with the template In the main thread (regarding fees) or is it too late now? Or is there some sort of FOI request I need to email them? (I seem to remember doing this in a previous PCN appeal).

I am also wondering if there’s any scenario specific points/arguments you think I should add into the standard defence template? I will also search the forum for ideas.

Thanks 😁

Coupon-mad

My question is do I still email the solicitor at DCB Legal with the template In the main thread (regarding fees) or is it too late now? 

Too late. Defend the case using the Template Defence and tell us which PPC?

Le_Kirk

Ysekots said:

He has completed the acknowledgment of service and has until Saturday to complete and send his defence (we were away on holiday immediately after receiving the AOS, which we opted for the extra 14 days, and now we are back and can get the defence done/filed). 

No defence will have a deadline of Saturday, Sunday or Bank Holiday.  If you have calculated the defence due date based on issue date of the claim and it genuinely comes to Saturday, then it will be the following Monday.  What is the date of issue of the claim form and upon what date did you complete the AoS? Defence must be submitted in the name of the defendant of course, although you can help..

Ysekots

Coupon-mad said:

My question is do I still email the solicitor at DCB Legal with the template In the main thread (regarding fees) or is it too late now? 

Too late. Defend the case using the Template Defence and tell us which PPC?

Thanks. The PPC is National parking control Limited.

Ysekots

Le_Kirk said:

Ysekots said:

He has completed the acknowledgment of service and has until Saturday to complete and send his defence (we were away on holiday immediately after receiving the AOS, which we opted for the extra 14 days, and now we are back and can get the defence done/filed). 

No defence will have a deadline of Saturday, Sunday or Bank Holiday.  If you have calculated the defence due date based on issue date of the claim and it genuinely comes to Saturday, then it will be the following Monday.  What is the date of issue of the claim form and upon what date did you complete the AoS? Defence must be submitted in the name of the defendant of course, although you can help..

So the issue date was 28th July 2025 and he submitted the AoS on 12th August. I calculated the deadline to be Saturday, so if I have worked it out right then it’s actually Monday. thanks for letting me know. And yess all in the defendants name, I’m just helping out because Ive done it before. 

Coupon-mad

Hope both you and/or he are keen to do the government's Public Consultation? We need every poster to come back & complete this vital Consultation before the deadline.

See this thread: -

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

We understand that you may need some pointers. It looks laborious, we get that. It doesn't matter; no knowledge is needed except re your own experiences so you can call out a scam industry and you'll protect millions of motorists and help change the law.

I've written some guidance on that thread. I have covered almost every question, providing ideas if you agree with our stance on things like DRFs, which we say must be banned.

Ordinary people like you are falling victim to this scam 15 million times per annum. Motorists need your voice added please.

Ysekots

Sure I’ll 100% do it! And I’ll try to get some friends/ family to do it too!  I have my own personal vendetta against these scammers. 

Ysekots

Hello, please could you let me know what you think of this paragraph 3 for his defence, Im not sure whether to include the line about the rejected appeal:

3. The parking charges were issued at the gym where the defendant was a member. On the day in question the defendant attended a class at the gym and then remained there to work as they have a quiet allocated area to facilitate this. The gym car park has barriers and is only accessible using a digital membership card. The defendant used his digital membership card to access the car park. The claimant is pursuing the defendant for ‘parking without holding a valid E-permit’, when the digital membership card is arguably a valid E-permit. The defendant originally appealed this parking charge however his appeal was rejected when he missed an email reply from the claimant due to it going straight to his junk email folder.

Coupon-mad

The claimant is pursuing the defendant for ‘parking without holding a valid E-permit’, when the digital membership card is arguably a valid E-permit.

Very good point. That is an e-permit that permits you to enter. Any judge would lap up that idea, especially as you appealed so there's no question that the Claimant knew you are a permitted gym member.

Remove just these words:

"when he missed an email reply from the claimant due to it going straight to his junk email folder."