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    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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Do i have to renew subscription?


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I've been a member of a small gym for over a year now. I haven't managed to attend for a few weeks but when i returned this week and asked for an additional car pass (partner shares care, so sometimes have to use work car) i was advised that until i sign a new 12 month contract, that they will not give me a car pass. The thing is, they'd introduced new parking passes and they had advised me to bring my old one in and they would give me a new one plus an additional one that i needed. They have refused to give me a parking pass until i sign a new contract. The price has gone up slightly (by about £1.50 per month).

 

My question is: I've still got a standing order set up, which continues to come out of my bank account, and they've not written to me or tried to amend/stop payments, or let me know that my contract has expired. Do i have to sign up to a new contract, or can i continue to just pay my subscription monthly without signing a contract? Where do i stand? Surely they can't force me to sign a contract? Or can they by saying i wouldn't be allowed to attend they gym?

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Hi BM,

 

You'd have to check the T&C's of the contract which I assume you signed.

 

Have you asked them to point out exactly where it states in your contract that you must renew it. I assume if you renew, you'll be tied into another 12 month (or longer) contract.

 

It may be reasonable for you to renew if you want a 2nd car pass, but not to get the new replacement pass.

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I've checked the contract. It does not mention anything about renewal, or having to renew. The only thing it does mention is:

 

"Renewal at the current club fee rate will be available to all customers rejoining prior to expiration of the membership'. The rest is all amount payments and late payments. It seems to be more like a credit agreement rather than a contract.

 

So would i have to sign a new contract? Or just request that i pay on a monthly basis without signing anything?

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If you have a standing order, it would be you who controlled this, not them - so once your monthly payments had been completed, you could choose to renew, or cancel. If you are making payments for the new year, then I would expect them to assume you have agreed to tke on a further years membership.

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I think you should decide if you want to continue with your membership and what you want from them. Then go to the gym and see if they agree to what you want.

 

If they can provide the service you want at a reasonable cost, all is well. Make them show you where the contract says you must do this, or that.

 

If they want to impose conditions that you're not happy with, you may gave to cancel your membership but, be warned, they may want you to give 1 to 3 month's notice, during which time they'll expect you to pay.

 

If you decide to cancel, check the contract for deatails of how they expect you to cancel. Do it in writing and by Rec'd Del'y if nec'y.

We could do with some help from you

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                                            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.

 

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