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    • To carry on from the above post it may be helpful to go through their WS using their numbers. 9] motorists do NOT accept the contract when entering the land. First they have to read it and understand it and then they realise that a] "No stopping" is prohibitive and cannot offer a contract. b] the signs around the bus stop do not mention who issued the No Stopping signs so it could not have been issued by VCS since the IPC CoP states that their signs should include the IPC logo and the creditor be identified.  10]There is no mention of £100 charge for breaching the No stopping request or if there is it is far too small to read even for a pedestrian. 11] no matter how often VCS say it, it is NOT a contractual clause   22]" the claimant has given the Defendant its contractual licence to enter the site". No it hasn't. This is a road leading to the airport. All sorts of people are going to the airport-travellers, taxis, fuel bowsers, airport staff, companies delivering food and drink for each aircraft, air traffic controllers, buses. It is absolutely ridiculous to attribute VCS wth any sort of permissions. The land owners yes, but not VCS . There can be no sort of analogy between a car park and a major thoroughfare where VCS have no place as it is not relevant land.   23] there can be no contract as there is no offer only a prohibition. And it is not relevant land no matter how Mr Walli attempts to prove otherwise. 25] VCS may have won a few times but none quoted was on an airport covered by the RTA and its own Byelaws. They also have lost more cases than they have won using their prohibitive signs. 26] First one has to consider if there is a contract. Is it relevant land? No. Does a valid contract exist betweer VCS and Peel? NO.  27] the signage at the bus stop may show the conditions ie  no stopping, and restricted zone but not the terms ie is there a charge for stopping and who is the creditor. The last section of the sign is illegible  29] already stated that a WS between VCS and peel is not a valid document 31] it will need more than the Claimants feather to outweigh the case against the Defendant no matter who was driving. 32] there is no law of agency involved. This is not a case of employer/employedd relationship. VCS are muddying the waters because they have no way of transferring the driver's liability to the keeper 33] this a red herring. There is no list of highways at all  on the Highways act 1980 so this is a deliberate strategy to debunk the fact that this road is not relevant land. VCS are put to strict proof that it is relevant land not covered by the Road Traffic Act nor by Byelaws. 34] there ican be no comparison between a railway station and an airport. Totally fatuous analogy.  35] yes the landowners can bring in their own terms but what the cannot do is overrule Byelaws and the Road Traffic Act. 39] surely the paralegal cannot be that ignorant of PoFA. If Bye Laws are involved then the bus stop is not relevant land and so the specious argument about FGW is rubbish   36] what on earth is he talking about with Permits. There is no mention of permits on the signage and even if there were  would it mean that Permit holders were allowed to stop on No Stopping roads? There are enough examples on CAG to counter act their idiocy on continuing charging the extra £60   46] VCS had NO reasonable cause to apply to the DVLA for the Defendants details. No valid  contract with the landowners No stopping is prohibitive therefore cannot form a contract the event happened on a bus stop over which VCS has no jurisdiction the signage either does not show that there was a charge of £100 for stopping, or the font size was too small for a motorist to be able to read it  the signage does not show the Creditor which fails the IPC CoP so not valid the WS contract does not appear to authorise VCS to pursue motorists to Court Given all these factors it seems that VCS have breached the GDPR of the Defendant quite substantially and it would appear right that an exemplary award is made against VCS in the hope that they will drop all further cases at Doncaster airport where they are pursuing motorists on non relevant land.   48] what is this guy on? You weren't in a car park you were on a bus stop 59] this case is totally without merit. I am not surprised that the paralegal will not be turning up. Some statements are pretty close to perjury and others are designed to mislead or misdirect. None of the analogies seem appropriate or relevant. Could have been said in at least half the time without the repetition and trying to make a case where none was there. One particularly bad example of misdirection was in the photographs. The Clearway sign shown near the bus stop is very unclear  unlike the Clearway sign two photos before it which may well include terms and conditions. The one by the bus stop is totally different.      
    • just type no need to keep hitting quote...   your defence doesnt need any return of docs.. carefully read what has been posted here and in the other threads i pointed to in your old thread merged here too.   redwood/harwood or STA or brachers.   just use our enhanced google search box.   uni fees is useful too.   this guy is just in front of you    
    • I have just spent last few hours registering and signing up and filling in all the details.   Below is a POC I have drafted.   The defendant is a parcel delivery company DPD (UK) LIMITED On 09/08/2021 the defendant agreed to deliver the claimant's parcel containing a PlayStation 5 Disc Version value £530, to an address in the UK. The delivery fee of £7.79 was paid by the claimant. Parcel tracking number: ???????? Parcel reference no: ????????? The defendant failed to deliver the parcel and have reported it as lost on 20/08/2021. The defendant refuses to refund the full value of the item and the delivery fee. The claimant seeks £530 being the value of the item, £7.79 delivery cost and legal fees.        (Sorry for being stupid but this POC is supposed to go where it says    " Claim details Why you believe you’re owed the money: " right? Reason why I'm asking is because I don't see anywhere it specifically says what are your particulars of claim)   Tomorrow being the 15th day, I will be ready to click it off (assuming the POC is ok)    I have read a few more hermes/packlink etc stories where they were resolved and gives me hope I will regain my lost money.  Will carry on reading up as much as I can.  
    • You don't submit a defence with the DQ...why are you going over old ground? Just complete the DQ as per my guidelines as posted above and file serve it a few days before 11th Oct.     .
    • Do we use the same defence. My concern is that it should not even be going to small claims court. The debt is for the company TME which had to close down as it could not sustain itself and they are asking my husband to pay for it personally.  There were also 2 other directors involved with the company.                
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Harland CRS


MisterEuser
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Hi I am hoping someone can help me.

 

I joined a gym (I know you've seen plenty of these) called Helio fitness which I lasted 2 months after that I decided I did not want to continue the membership. I went into the gym and spoke with the manager and told him I was going to be working away and that I could not continue with the membership.

 

After a few months past I recieved an email from Harland CRS to say I owed £354 or round about that number (I filed the letter).

 

After I explained to Harland by phone they told me they would get back to me. They did by quoting the contract agreement to me and basically saying I was a liar. I then replied by email because I have not given them my phone number. I wanted to see the signed contract before I continue this conversation. I did not sign anything and I used a friends bank account for DD, that is why I asked for a signed copy of the agreement. This was there reply!

 

Dear Mr ******

 

Re: CRS Ref No: ****** / Helio Fitness Ref No: ****

 

Further to your email of 7th July 2015, we apologise for the delay in

our reply.

 

In regards to your request that we supply you with a "signed copy of the

agreement" we should like to advise that this membership agreement was

entered into via an online sign up process called SNAP and as such no

signed physical document exists. We have enclosed, however, a copy of

the terms and conditions of the agreement, as well as all of the

information transmitted at the time of joining, including the personal

details you supplied (highlighted in green) and the product information

supplied to you (highlighted in yellow).

 

We shall suspend further action for a period of 7 days to allow you time

to review these documents.

 

Yours sincerely,

 

David Castle

 

Collections Department

 

 

Do they have me by the short and curlys? :|

 

 

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Hi MisterEuser and welcome to CAG

 

I went into the gym and spoke with the manager and told him I was going to be working away and that I could not continue with the membership.

 

Can you expand on this and tell us roughly what you told the manager and how he replied.

 

Please also give approx dates for :-

 

1. When you signed up.

 

2. When you spoke the the manager.

 

3. When you cancelled the DD mandate.

 

4. The date the DD was taken each month.

 

If you told the manager you were going to be working away, did he ask you to provide any evidence of this.

 

Ignore Harlands/CRS. The can do nothing harmful to you for now.

 

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Hi Slick,

 

Thanks for the welcome and the quick response.

 

1. When you signed up. 6th Jan 2015

 

2. When you spoke the the manager. sometime in March back end I think

 

3. When you cancelled the DD mandate. It was a friends bank account not mine so I did not cancel it he did and I am sure it was either end of March beginning of April

 

4. The date the DD was taken each month. 1st DD Date was 5th Feb 2015

 

If you told the manager you were going to be working away, did he ask you to provide any evidence of this. No, I said I would need to cancel as I was moving away and his reply was that's fine! He did not ask me to provide anything although when I told Harland (by email) this was there reply:

 

Further to our previous correspondence, we apologise for the delay in

our response. We have contacted Helio Fitness regarding the request for

cancellation you allege to have made and have been advised that: "I have

no recollection of speaking to him about cancelling his membership. If

he had spoken to me I would have asked him to supply Harlands with

documents showing his change of address. I have checked my emails and I

have nothing from him regarding cancelling his membership either. If he

can provide documents, from February, confirming his new address is out

of the catchment area for the club then his membership can be

cancelled." The terms of your agreement state: "This agreement can be

cancelled in the event that your new permanent address is more than 15

miles away from the facility upon receipt of a copy utility bill or bank

statement showing the new address." and that "ANY cancellation for the

above reasons will not be effected until the appropriate proof is

provided and received." For termination on the grounds of relocation we

require either a utility bill, bank statement, mortgage or tenancy

agreement, solicitors letter, driving license or any other letter or

official document, printed on headed or watermarked paper and produced

by either the state or a third party company and bearing your name and

current address. For termination on medical grounds, we require either

an official doctor's notice, a letter from a doctor or other suitably

qualified medical practitioner, or completed medical form (enclosed).

 

 

Thanks Again

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Hi ME,

 

Never mind what Harlands want, the gym has said :-

 

If he can provide documents, from February, confirming his new address is out of the catchment area for the club then his membership can be cancelled.

 

If you can supply proof of your new address, then you're in a good position. Do you have this and what is the earliest date you can show on such proof to confirm the new address.

 

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That's were my problem is Slick.

 

I do not have any proof as I am self employed I work wherever work takes me and I have been working as security at events such as the formula E any various events staying in a caravan to eat sleep and clean etc.. :(

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Hi ME,

 

So you cancelled because your work took you away from home.

 

If you really have no proof at all, you have a problem. Also, if you were away some times but came back regularly between jobs, that may not justify a cancellation as you could have used the gym when home.

 

Could you prepare a list of periods spent away, to see if the times away are enough to warrant cancelling.

 

Also, any proof like emails, payslips, receipts for lodgings away from home - any of these may help justify cancellation.

 

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Hi ME,

 

You could always get the proof you need to cancel now, rather than continue to pay through to month 12.

 

A letter from an employer or agency confirming where you're working and for how long.

 

Otherwise, if you pay the rest of the 12 month m/ship, make sure you confirm in writing during month 11 that you're leaving when you've paid the last DD.

 

:-)

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.

 

Thanks !:-)

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