It isn;t uncommon for mistakes like these to be made, so you need to set out your formal rejection of their claim addressing all their points, and send this by recorded delivery and keep the receipt. This will form the basis fo any defence you may need should they be foolish enough to take it to court, but not many do.

Thank you for your help and forgive me if this is really stupid but what is a formal rejection letter? Is it just me sending them a letter and explaining why I don't accept the claim and show them my evidence against it? Also, with regards to them claiming I signed up on the internet, would it be wise to contact the local police dept and get a crime reference number because if that's all they have, it most certainly wasn't me who signed up online so much be the sales team doing it for me and surely that’s fraud?

also, would I send the letter to the company dealing with this now or LA Fitness?

Thanks again buzby

added link to evidence

Hi,

Some time last year I decided to join a gym, I couldn’t decide between the David Lloyd or LA Fitness. A friend of mine used LA Fitness and I decided to go there with him to check it out, I used the gym and found it to be quite

decent although very basic! The woman who showed me round advised me that they had a deal running that was £22pm (I think) but was only available that day and I had to join today to take advantage of it, I was very hesitant and the woman advised me that she would not make me sign anything and until the end of the month and if I wasn’t happy I could cancel, so I gave her my details and joined for the month but did not sign anything!!

After having a trail with the David Lloyd I decided to sign up with them and cancelled the LA Fitness membership. A few months later I received a letter from ARC eu ltd saying I owed £380 in unpaid fees and they would be taking me to court, I phoned them and after a lengthy conversation the said they would send me proof. A few days later I received the letter and obviously in the “Proof” (see attached) it clearly states I need to sign the contracts, thus backing up my story?!? I phoned Trevor Munn (the company now dealing with the debt) and they told me that I apparently signed up on the internet and that’s why they didn’t need a signature, this is completely untrue, they are now demanding 420.51 and are preparing County Court Application against me.

I really do not know what to do and with a baby on the way in 12 weeks I could really do without the stress!

Any help would be really appreciated

Thanks

http://i51.tinypic.com/xe50s4.jpg

http://i51.tinypic.com/oa92pz.jpg

Hi all,

I received a phone call this morning from my tenant who told me he had bailiffs from Phoenix knocking on the door demanding over £600 for PCNs that have not been paid. They told my tenant that they would return tomorrow with the police to seize my property (Flat) in order to cover the outstanding debt. My first issue is I have not been at this address for almost a year and a half so surely any letters/fines etc. would have been sent to the address the vehicle is registered to and secondly is it actually possible and realistic they would actually seize the premises to cover such a small amount?

Any help would be greatly appreciated as I plan to speak with them tomorrow and would like to know exactly where I stand with the situation

Thanks in advance

It would be better if you removed the name of the bailiff company as many bailiffs read these posts daily. You need to use the edit button to do this.

 

I am assuming that you had not paid the PCn or appealed it. If this is not the case then please post back.

 

You say that the car is not worth much. can you be more precise with a value. This is because if a bailiff is to remove a car, they will need to ensure that the vlaue that it would sell for at auction would be sifficient to cover the cost of it's removal with a low loader, the storage fees, auctioneers fees and advertising costs. If not then the bailiff will THREATEN to remove but that is as far as it would normally go.

 

Without knowing how many visits had been made it is difficult to answer with any certainly whether the fees charged are correct or not. Can you confirm what visits have been made.

Hi, yes you are correct I did not pay the original PCN nor did I appeal it, however as for visits by the baliff I am unsure, reason being I have been at college in london and very rarely come back to sussex, as far as I'm aware they have been 3 times, although I can not be sure, I will write to them and ask for a breakdown of the charges and then update, thanks again

ok, I'll write to them today, they have visited me 3 times, however they have not once knocked on my door, only slid letter underneath it, thanks for your help and please keep checking in on me when I update

I have just got home to find a letter through the door demanding payment of PCN, The original amount is £110, however they are demanding £565.11 by 5:00pm today, they have listed my car (which is worth only a small amount more than the charge) in the inventory and have said they will be removing the vehicle if payment is not made. This really leaves me in a bad situation as I need my car for work, I have moved the car out of site however I am concerned that I’m not going to be able to pay the full amount of £565.11 as I am a student and only have very little income! Can someone please advise me on what the best course of action is and are the fees correct? It’s 5 times the original amount! I’d really appreciate any help as soon as possible as I would like to be prepared by the time they come back.

so should i appeal or not?

I have no idea what the correct sizes are and the signs do have times on, sorry I should have made that clear (8.30am-8.30pm) does that mean i've got no leg to stand on?

Well I've got no choice but appeal as £260 is a lot of money for me to fork out at this time of year, what would you suggest I base the appeal on? No matter how small my chance it's gotta be worth a shot?

Sorry I meant 'all days' - As it makes it a nonsense showing a span of days that turns out to be the whole week!

 

As I see it - you could either have parked within the Resident's bay, and been removed for not displaying a valid permit. If outwith the bay, then is part of a CPZ, the car should not have been there anyway, and the lifting of offending vehicles authorised.

 

I can only think of checking out the TMO for he locus to see if there is a weakness in the paperwork for the restriction. Unfortunately, what happens round the corner is immaterial, as on other places round the corner could be a red route with all sorts of horrors applying. It's an expensive lesson to read everything, every time you park. (As regulations change, as does the signage).

 

At this time of year as well...typical! Yeah it's a very expensive lesson to learn, It was deff parked within the bay though so the reason for the removal must be the lack of permit, I was just always under the impression that there should be a sign making you aware they'll remove the car and I've had plenty of parking tickets in the past so why was the car not removed then??? Bad times

Yeah, I understand that however are they within their rights to take the car seeing as they've given no warning of this? why should it be any different to parking somewhere without a valid permit?

hi buzby, thanks for your help, no i didn't have a permit as i thought it was the same as round the corner, 50 yards away which is no permit required sat or sunday, I only come to my dads for the weekends, I'm pretty sure I was parked in the bay, but even if i wasn't i was not in anyway obstructing the flow of traffic and it's only a single yellow line inbetween bays, how can they remove the car if there's no warning signs of this? surely I have a case? I am about to go pick up the car as I've had to wait till my dad finshes work cause i dont have any ID

Help! I woke up this morning to my car alarm going off, thinking I had left the window open, I looked out the window and to my suprise my car was on the back of a truck, I threw on my clothes and ran outside, confused as to why it was being towed, they pointed to the sign that does actually say residents only monday-sunday, i normally park on the road next to that which is monday-friday, I didn't look at the other sign and take responsability for that, however I pleaded with the enforcers to let me settle up there and not remove the car, they said there's nothing they can do and i'd have to go and pick upthe car from the compound and it would be £260, I have since been out and looked around and nowhere does it say anything about clamping or towing. What should I do next as I need my car to get back to brighton, it has my college stuff in it too, thanks for any help in advance

Cristiaan

This is the sign and where I was parked

some contravention do require observation - for example loading. observation depends on the alleged contravention, some are instant some need to be shown. another example time to buy a ticket in car park.

Right, I understand now, thanks for all the help, I'm still going to appeal and see what happens becuase even if I'm alone in thinking it's completely unfair to have to pay a penalty for going to get a pen it's gotta be worth a shot!

You are not legally entitled to an observation time. It's just policy, but only for certain contraventions. I don't think it would apply for an incorrectly filled out permit, but in any case you had 4 minutes, so it wouldn't be a cast iron argument. Worth mentioning in your appeal letter though.

Fair enough it's just a bit gutting, i paid for the parking vouchers and it's not like I was trying to get out of paying, It took me 4 mintutes to find a pen, I wasn't slowing traffic in any way and there was plenty of spaces, I can't express my hate for traffic wardens!!!

You haven't got a strong case, since by your own version of events you left the car without a valid voucher on show (it was invalid because it didn't have the reg on). Therefore, a contravention was committed.

 

However you can appeal by writing in and explaining what happened. Of course the Parking Attendant / CEO would not have been aware of the circumstances, but a polite appeal letter might get you off the charge.

Thanks for the response, I was always under the impression they are supposed to give 5 minutes grace, is that wrong?

Ok, so I was in London for a few days last week, I have a discount parking voucher that I scratch the date off and write my registration number in the box. I woke up in the morning and went out to the car, it was just coming up to 9, I scratched off the appropriate boxes but could not find a pen in the car, I searched the glove box (which was a mess) and decided to run to the shop to grab one, the shop was only just opening but he gave me a pen and I ran back to the car, all the while leaving the voucher in the window on display and there it was, nice yellow and black PCN, with no traffic warden in sight, the PCN has contravention code 19 and says it was observed from 9:06 to 9:10, I was sure they should give you 5 mins grace especially considering I had a voucher in the window and had only ran to get a bloody pen to write my reg in!!

I'm sure I've got good ground to appeal this but I thought I’d ask you guys before I do so, also, I’ve got no idea how I go about appealing it.

Thanks in advance.

I should get my bill quarterly but as of yet i have received nothing! No mention on my sky bill either, i really don't know..maybe i should just let it be and hope for the best

A few months ago I was late paying my BT bill and they dc'd the line, after a massive row they said they'd switch it back on so I phoned sky and they said they'd reactivate the broadband, assuming everything was fine as my broadband service is ok, I started looking around for the best speeds available to me and decided to see what my current provider (sky) has to offer, I entered my phone number and post code into the availability test and it said my number was not available, I've got no idea if the line is on as I don't actually have a phone, I use it purely for the Internet, so i called my homeline and it just beeped 3 times! I then checked my sky bill and noticed they have not been charging me for broadband, this has left me a bit miffed! Should I just ride it through and enjoy the freeness and hope they don't backdate it if/when they find out, or should I contact them and see whats going on?

Thanks in advance

no you're right, it's my own fault for being stupid and hiding from debt! I'll have to man up and get this one paid, thanks for all your help

Yes you can, but you need grounds for doing it out of time. Just ignoring it until it is too late will not meet the criteria, unless you intend to make a false statement.

What would be sufficant grounds for doing it out of time?

thanks for helping

Hi due to my complete immaturity (as stated in previous treads) I have ignored a parking fine, as expected it has come around to bite be on the bottom but before I start another thread in the Bailiff section I thought I’d ask in here whether or not I can still file an Out Of Time TE9 after the date given on the Order for recovery of unpaid penalty charge TE3? The TE3 states that it must be filled before 30/09/09, I wasn’t even aware I had it until I was looking for another letter regarding a separate PCN, as always any help will be much appreciated

Thanks in advance

p.s. thanks so much for responding

first have a read on the posts regarding Private parking Company's its a mail [problem]

 

its not a PARKING TICKET in the real sense its an unenforcble INVOICE

 

rules are

 

1) IGNORE

 

2) IGNORE

 

3) GOTO 1

 

and read it again we "MAY" take following

this sounds almost to good to be true!! So they can do nothing if I ignore it? seriously?? This is great news, now onto my other debts!