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    • Regarding a driver, that HAS paid for parking but input an incorrect Vehicle Registration Number.   This is an easy mistake to make, especially if a driver has access to more than one vehicle. First of all, upon receiving an NTK/PCN it is important to check that the Notice fully complies with PoFA 2012 Schedule 4 before deciding how to respond of course. The general advice is NOT to appeal to the Private Parking Company as, for example, you may identify yourself as driver and in certain circumstances that could harm your defence at a later stage. However, after following a recent thread on this subject, I have come to the conclusion that, in the case of inputting an incorrect Vehicle Registration Number, which is covered by “de minimis” it may actually HARM your defence at a later stage if you have not appealed to the PPC at the first appeal stage and explained that you DID pay for parking and CAN provide proof of parking, it was just that an incorrect VRN was input in error. Now, we all know that the BPA Code of Practice are guidelines from one bunch of charlatans for another bunch of charlatans to follow, but my thoughts are that there could be problems in court if a judge decides that a motorist has not followed these guidelines and has not made an appeal at the first appeal stage, therefore attempting to resolve the situation before it reaches court. From BPA Code of Practice: Section 17:  Keying Errors B) Major Keying Errors Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant). It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal. Now, we know that the "modest charge" is unenforceable in law, however, it would be up to the individual if they wanted to pay and make the problem go away or in fact if they wanted to contest the issue in court. If the motorist DOES appeal to the PPC explaining the error and the PPC rejects the appeal and the appeal fails, the motorist can use that in his favour at court.   Defence: "I entered the wrong VRN by mistake Judge, I explained this and I also submitted proof of payment for the relevant parking period in my appeal but the PPC wouldn't accept that"   If the motorist DOES NOT appeal to the PPC in the first instance the judge may well use that as a reason to dismiss the case in the claimant's favour because they may decide that they had the opportunity to resolve the matter at a much earlier stage in the proceedings. It is my humble opinion that a motorist, having paid and having proof of payment but entering the wrong VRN, should make an appeal at the first appeal stage in order to prevent problems at a later stage. In this instance, I think there is nothing to be gained by concealing the identity of the driver, especially if at a later stage, perhaps in court, it is said: “I (the driver) entered the wrong VRN.” Whether you agree or not, it is up to the individual to decide …. but worth thinking about. Any feedback, especially if you can prove to the contrary, gratefully received.
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    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx  
    • Well tbh that’s good news and something she can find out for herself.  She has no intention of peace.  I’m going to ask the thread stays open a little longer.   It seems she had not learned that I am just not the one!!!!  plus I have received new medical info from my vet today.   To remain within agreement, I need to generally ask for advice re:  If new medical information for the pup became apparent now - post agreement signing, that added proof a second genetic disease (tested for in those initial tests in the first case but relayed incorrectly to me then ), does it give me grounds for asking a court to unseal the deed so I can pursue this new info….. if she persists in being a pain ? If generally speaking, a first case was a cardiac issue that can be argued as both genetic and congenital until a genetic test is done and then a second absolute genetic only disease was then discovered, is that deemed a new case or grounds for unsealing? Make sense ?   This disease is only ever genetic!!!!   Rather more damning and indisputable proof of genetic disease breeding with no screening yk prevent.   The vet report showing this was uploaded in the original N1 pack.   Somehow rekeyed as normal when I was called with the results.   A vet visit today shows they were not normal and every symptom he has had reported in all reports uploaded from day one are related to the disease. 
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Harlands / Lifestyle fitness admin fees


ilzeivld
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Hi,

I have been receiving letters from Harlands regarding failed direct debit payments and admin charges etc, similar to many of the other posts on this forum.

 

Back in August,

I paid for two memberships with Lifestyle fitness(for me and my girlfriend),

both of which were on a "flexible" contract which required a minimum one month commitment.

Both of these direct debits were setup under my bank account.

 

My girlfriend moved back home in September and I wanted to go to a more local gym and so tried to cancel the memberships.

My girlfriend rang the gym up who informed her that only the owner of the bank account can cancel the contract.

 

I sent an email off at the beginning of October to Harlands customer support including my name, bank account and sort code and asked them to cancel both direct debit agreements linked to my bank account.

 

10 or so days later,

after hearing no response from Harlands and it being only a few days before the next direct debit payment was due to be took out,

I decided to cancel both direct debits via my online bank account.

 

After this, I had no contact from Harlands for around a month or so until I received a letter through the post addressed to my girlfriend with the whole admin fees crap. Strangely enough, I didn't receive the same letter for whatever reason.

 

I think I read before in the T&Cs that you must give at least a month's notice if you're cancelling, which I didn't realise.

I'd happily pay the last month's fee for my girlfriend but outright refuse to pay the now £50 admin fee.

 

Is there anything I can do to get them off my back?

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just send the std slick132 letter OFFERING the missing membership fee ONLY.

 

then wait

if they fail to accept you then IGNORE EVERYONE.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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admin fees are totally unenforceable. As dx said, read other threads and get slick132's letter adapted to suit, and send it off. Harlands normally back down when they read it. If they dont, then you ignore it and they forget about you and chase someone else

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi Ilz and welcome to CAG

 

Here's one of my letters that you could adapt and use for the 2 accounts.

 

But before you do that let us know :-

 

1. Date your GF called the gym telling them you wanted to cancel.

 

2. Date you emailed Harlands confirming you wanted to cancel.

 

3. Date you last paid the gym's DD.

 

The gym was right to say only the person paying the gym m/ship can cancel the DD. However, her action that day put the gym on notice of intent to cancel.

 

That's why I want this info before you do anything further. In the meantime don't reply to any contact from Harlands/CRS.

 

:-)

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  • 1 month later...

Hi sorry for the late response, to answer your questions:

 

1. My GF rang them on the 26th September

 

2. I emailed them on the 9th October

 

3. The date I last paid the Gym's DD was 11th September.

 

I already sent off a letter using the template on this forum and have received no response back.

 

Today I received a letter addressed to my gf - this time from CRS asking for over £300. I'm assuming this is just scare tactics?

 

Thanks

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it is yes

ignore totally

 

never forget a DCA [CRS] are not bailiffs

and have

ZERO LEGAL POWERS on ANY debt.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Send this to Harlands' Haywards Heath address and get a free Certificate of Posting at the PO when sending.

 

Dear Harlands,

 

I refer to demands from Harlands/CRS for our Lifestyle Gym memberships.

 

The gym were told on 26th September that we wanted to cancel our memberships. This was backed up by email on 9th October.

 

I cancelled the DD mandate on xxdate but now realise I should have paid the DD due around 11th October.

 

I now offer to pay the m/ship fees due for October of £xx.xx in full settlement of all that's payable. If you accept my offer within 14 days and give me account details to pay, you will be paid promptly.

 

If you fail to accept my offer within 14 days, or if you demand any admin or cancellation fees (unlawful penalties), my offer will be withdrawn and I may ignore further demands from you and/or CRS.

 

Such demands may be reported to Trading Standards and The CMA

 

Yours sincerely,

 

Send this off quickly and let us know how they reply.

 

Stay OFF the phone completely.

 

:-)

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post 5

I already sent off a letter using the template on this forum and have received no response back.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks DX :oops:

 

Whoops !! :wink:

 

No reply needed until they reply specifically to your letter offering to pay the final fee.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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