Hi,
Location: Lyons Farm Retail Park BN14
The driver parked, went to the gym, failed to register their number plate on the mini computer at the gym and therefore stayed longer than the maximum stay. This was the first of 3 visits prior to the driver understanding the rules, so potentially 3 fines may be sent.
PCN Notice:
https://imgur.com/a/0X4U8opProof of Gym visit:
The Driver also has proof of Gym visit as these are time stamped via The Gyms app, however the Gym have said they will not get involved in disputes.
Thanks in advance for your help
What have the Gym management said about this when you complained to them about being sent a speculative invoice from an ex-clamper for simply being a customer/member of their gym? It is probable that they contracted GroupNexus in the first place and so can tell their agent to cancel the PCN.
It is not a "fine" and I will give you £100 for every occurrence of the word "fine" or "penalty" you can show us on the Parking Charge Notice (PCN).
Currently waiting on official response from The Gyms complaints team but as bank holiday doubt I’ll hear from them until after the 14 days is up so trying to cover all angles.
The Gym have come back with the following:
Thanks for contacting The Gym Group.
We are sorry to hear that you have been issued a fine but I'm afraid there is nothing we can do in retracting this as we do not manage the parking at any of our gyms and therefore have no jurisdiction over the decision. The car parking company typically manages it either on their own behalf or on behalf of the leaseholder of the premises/land.
The parking regulations would be highlighted on your member's area, such as the maximum time and in the branch if they require you to input your car registration on each visit.
If you have been issued a parking fine and are not in breach of the parking regulations, you will need to contact the parking company directly to appeal this fine. The parking instructions for your branch are highlighted on the branch page, and also located in the manage parking section of the member's area when you log in.
You will be able to access your gym usage information via the member's area to supply evidence for the appeal. Simply head to the My Gym tab and select My Gym usage. There you will see a graph for the current month which you can change, and at the bottom of the page, you will find a table with a complete view of the specific date and times of your visits.
I have of course pushed back asking for info of CEO, assume there's not really much more to go on at this stage. One thing to note the car linked to the charge is officially no longer mine.
The Notice to Keeper is not fully compliant with all the requirements of PoFA, namely paragraphs 9(2)(e)(i) and 9(2)(h).
Easy one to deal with… as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.
Use the following as your appeal. No need to embellish or remove anything from it:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. CP Plus has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. CP Plus have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.