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    • Hello, Firstly, I am a few steps into this whole process so unfortunately I have missed out on the advice which states what I should have done initially. I am hoping I can still salvage my situation from this point. Facts- - I own the flat and the parking bay that comes with it. - The management company have hired a separate company (LinkParking) to manage the parking. - I have a permit for my car but my car was elsewhere which is why I couldn't give the permit to anyone else. - My girlfriend parked her car in my bay without a valid permit, instead we had a photocopy of the original permit- I realise this is where I went wrong but the original permit itself was printed on a piece of A4 paper AND when I bought the flat I was never told about requiring a permit and had issues with these guys before. Unfortunately we appealed to LinkParking with a substandard appeal (I realise this was substandard after reading through everything else on these forums). They of course denied it. We then appealed to IAS directly based on guidance from other websites, copy of the appeal is below- I was issued with a parking ticket on 20/12/2019 but I believe it was unfairly issued. I have responded to this notice and 'LinkParking' have denied my appeal and have requested I contact the IAS. I am writing to you as per Section 7.4.2 from the IPC Code of Practice and would therefore like appeal this notice on the following points The car was parked in my own car parking bay which I OWN. I was still unfairly issued with parking tickets. The lease agreement does not state that I require a permit to park in the bay as I own the property and the parking bay that comes with it as per the HM Land and Registry register. This lease has primacy of contract over any agreement the management company may have with LinkParking and therefore legally is invalid. The large sum demanded amounts to a penalty and/or is not an accurate reflection of any loss suffered so it is not a reasonable charge. The monetary claim is disproportionate, punitive and unjustifiable in total. It may also be an unfair term and therefore in breach of Schedule 2 of the Consumer Contracts Regulations 1999. The contractual breach can have caused no financial loss whatever to LinkParking or to the land owner. Once again, the car was parked in my OWN bay and therefore did not cause damage to any third parties. The Parking Charge Notice constitutes an invoice for payment. Accordingly the invoiced charge must include an element of VAT. However, the parking charge notice does not state either a VAT registration number or an invoice reference number and so cannot constitute a lawfully valid demand for payment. Having examined the parking charge notice further I believe it is a non compliant demand for payment as the notice wrongly requires payment to be made “within” 28 days of issue which is contrary to statutory requirement that provides a period of 28 days from the date of receipt. As a sign of good faith, I had purchased a permit anyway to avoid any unnecessary hassle for both parties but have been issued a notice anyway which is unacceptable. I understand that LinkParking are appointed to monitor the car park to prevent trespassers and I agree with this but it seems it is the residents that are being 'ticketed' without good reason for parking in their own bay. I look forward to hearing from you. We have now received the following response today- The operator made their prima facie case on 27/01/2020 14:10:48. The operator reported that... The appellant was the driver The appellant was the keeper The operator is seeking keeper liability in accordance with PoFA.. A manual ticket was placed on the vehicle The ticket was issued on 29/12/2019 The charge is based in contract The Operator made the following comments... The appellant parked their vehicle on land we manage and incurred a charge as they were not displaying a valid permit. Our signs clearly advertise the terms of parking and the charges which apply if they are met. The appellant chose to display a very poor copy of one of our permits, it is a fraction of the size of a valid one. We are unsure why they chose to do this and to date we have not received an explanation. We do not have to prove any loss and invoice does not have to have a VAT number on it if the issuer is not VAT registered. Our PCNs have passed audits by the IPC and DVLA. In addition to this I have also looked through all my documentation with regards to any requirements to require displaying a permit in the contract and I can't find anything. I've owned the flat for almost 2 years now and I do not believe I was given any documentation which mentions this. I have also looked at the HM Land Registry document which doesn't state I need a permit and I believe this ties in with the Primacy of Contract (my law understanding isn't the best). I have also contacted the management company last week to request all information from them with regards to giving me copies of documentation which covers car parking, building services etc. so I have everything. What really annoys me is that I didn't cause anyone any damage AND I WAS PARKED IN MY OWN BAY!!! I really hope I haven't messed it up too much and this can be salved. Any help for a response is greatly appreciated! Thanks!
    • Yes DX, both come up as Cap 1, one a classic Card and the other a Mastercard. 
    • Now that you have the proof - I think its time to consider taking legal action against the Bank.  Remind me who made the decision at the FOS? Adjudicator or Ombudsman? 
    • I would be starting by sending Plusnet a SAR and gather all your data......one DD for two accounts...alarm bells ringing.   Andy
    • Its easier if you wait until you get the claimant's statement...then you can use this as a guide on the points they will rely on and then simply respond by refuting or agreeing or offering alternative argument.   Problem is they tend to leave it to the death and you dont have time..or they wait for yours first then counter your points.If they fail to serve a statement at all then thats a good sign that they are getting ready to discontinue the claim....   Here is an example...and I stress example ....no use to you apart from showing you the usual layout into and conclusion.   Witness statement Lob.pdf
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0161

Excercise 4 Less/ Harlands/ CRS **RESOLVED - Harlands told to back off**

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Hi

 

I’ve read a few posts on here but would really appreciate some advice please?

 

Around this time last year there was a fire in my apartment block and the whole thing burnt down.

 

Without going into too much detail, I lost everything, only recently getting some normality back.

 

At the time of it happening I dealt with all kinds of bills and redirecting mail etc.

The most insignificant thing was the Xercise4Less Gym membership.

 

I went into the gym, spoke to a girl on reception and explained that I had relocated miles away so need to cancel.

 

She told me not to worry and that my membership was cancelled, everything was sorted.

I never signed anything, was asked to pay anything or filled in a form she just took my details and it was as simple as that.

 

Obviously I the next place I went to was the bank to cancel the DD (amongst other things) and never heard anything

 

 

about 6 months ago when I started to get bombarded with calls from Harland’s/ CRS with requests for £80 fees

 

Eventually spoke to a manager at the E4L Leeds office and they said they would reduce it to £60 something.

Told them it was a joke and they’ve obviously been sending correspondence to a building site

and I have been incurring fees since.

 

I would have paid the £10 membership at the time if I was made aware– I even offered to pay the £10 there and then.

 

They couldn’t care less really and told me that I’d had an email with full terms and conditions so they weren’t willing to accept any responsibility. The argument continued until I eventually hung up on them.

 

Left it at that,

I haven’t heard anything until now when I received a text message from Spratt Endicott

which seems to be their new solicitor?

 

What would be the best course of action here?

 

All they have is my phone number and previous address but they haven't made any real effort to contact me

except for leaving automated voicemail and text messages.

 

Judging by the comments on here I feel it would be best to ignore the texts/ calls but don't want to land myself in hot water

 

Surely this just isn’t plausible?

 

Thanks

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all are powerless

you've offered the £9.99?

as many threads here advise?

if its been refused

tough luck on them


..

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Hi 0161 and welcome to CAG

 

I'd normally advise that you ignore the text from Spratt Endicott but you need to let them know your current address.

 

This may sound odd to you but it could save you the hassle of getting a CCJ against you that you know nothing about. If Spratts realise you're not responding to letters sent to the old address, they could use that address to issue a claim for gym fees, admin fees, court costs and interest. First you'd know about it could be when an unpaid CCJ shows up on your credit files, or you get demands at your current address after a DCA tracks you.

 

You could challenge the CCJ and maybe appeal but it's a lot of hassle that you can easily avoid. Giving them your new address means you can keep track of what Harlands, CRS, Zinc, Spratts are up to.

 

Once they have your new address, they can make all the demands they like and you can continue to ignore them if appropriate.

 

For this reason, I suggest a letter to Spratt Endicott as follows:-

 

Spratt Endicott

The Green

S Bar St

Banbury

OX16 9AB

 

Dear sir or madam,

 

I refer to a message received from you asking me to call you. This is about a gym membership with Xercise4Less at [town/city] gym.

 

Please note my new address is - [current address]

 

Please also note that I had to move home after my old home burned down last year. I explained this to Xercise4Less at the time and they accepted my cancellation without question.

 

I will not pay Harlands/CRS anything, nor will I pay you.

 

If you make any further demands, you will be reported to the SRA and other bodies as necessary.

 

Yours faithfully,

 

Send this by letter and get a free Certificate of Posting at the PO when you send it, so you have proof of postage.

 

:-)


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Thanks, very much appreciated, I'll send the letter and keep you posted.

 

what would you expect will be their next move?

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Hi 0161,

 

Not worth guessing. :wink:

 

Just let us know what their next contact is so we can suggest the appropriate response.

 

:-)


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Will do! Thanks Again

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Hello, its been a while!

 

I sent the letter and heard nothing since from Spratt Endicott however I have received a text this week whilst on holiday from Harlands...

 

Dear member, Harlands have now passed your account to a third party debt collector. To arrange a settlement figure please call us on 0113..

 

Not sure what to do next? Send Harlands a copy of the same letter?

 

Thanks again

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Ignore

A DCA Is not a bailiff


..

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Hi 0161,

 

If they were serious about taking action for this, they'd have started court proceedings already ..................

 

.............. except they don't do court, do they ??!!

 

Enjoy your hols and forget about Harlands, etc.

 

:-)


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Thanks again Slick/DX I'll keep you posted if there's any more movement.

 

Surely some authority must be checking these forums to see how these companies operate? For everyone that stands their ground there must be plenty of people that get fall for it?

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Surely some authority must be checking these forums to see how these companies operate? For everyone that stands their ground there must be plenty of people that get fall for it?

 

After the OFT won their important case against Ashbourne Management Services Ltd in 2011, I spoke to the OFT on many occasions about various gyms and their admin companies. But, when the number of Harlands/CRS cases was higher than ever, the OFT was shut down and their responsibilities have NOT been taken on properly by Trading Standards and The CMA.

 

One of the best things you can do is complain to X4Less on Twitter or Facebook asking why they continue to engage the services of Harlands who are self-serving and have no qualms about harassing gym members for many months.

 

I will contact The CMA again asking them to look at the number of cases involving Harlands/CRS and also David Lloyd gyms who insist on 3 months notice.

 

:-)


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One of the best things you can do is complain to X4Less on Twitter or Facebook asking why they continue to engage the services of Harlands who are self-serving and have no qualms about harassing gym members for many months.

 

done exactly on twitter (although I haven't used it for over a year) his and not even a reply haha :jaw:

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Well done and keep us posted.

 

:-)


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Hello again

 

Over a year later and I've now received a new letter in my new home, this time from CRS

 

They now state the balance is £207 with an added £36 for tracing me and have demanded payment within 7 days.

 

Your advice would be greatly appreciated

 

Kind Regards

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Hi 0161,

 

If Harlands/CRSs were remotely serious about taking any court action, they'd have started it a year ago.

 

They are just trying their desperate tactics again and should be ignored.

 

The good news is they've already found your new address so you don't have to notify them of it. The bad news (for Harlands/CRS) is that they'll can't charge you a penny for finding it !!

 

Keep us posted ........

 

:-)


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Hi Slick

 

Thanks for the quick reply!

 

The last time they chased me I was dealing with Spratt Endicott. This time it's CRS so wasn't sure if I should write to them inviting court action??

 

I tweeted Xcersize for less again yesterday and they've asked me to email them member.enquiries@xercise4less.co.uk

 

How would you approach this?

 

Cheers :)

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Hi 0161,

 

Yes, email X4Less saying :-

 

I think you should be embarrassed that you engage the services of Harlands/CRS who have such a bad reputation for harassing your members.

 

They add on ridiculous amounts in admin and collection fees and harass members like me for months and years. There are hundreds of similar cases currently active on the internet.

 

Are you happy to continue to allow Harlands/CRS to harass your gym members. If so, I will include you as co-defendant in any court action I take against Harlands/CRS..

 

I suggest you tell Harlands to leave me alone immediately.

 

Send this and let us know how/if they reply. You should also use Facebook and Twitter to embarrass X4Less online but do this politely - more effective !!

 

:-)


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Slick,

 

after reading your response I put together an account of what had happened and signed the email off with exactly the above.

 

After 2 year I can finally put an end to this!!

 

They've recalled the case, advised CRS to stop pursuing me for arrears and accepted the cancellation apologising for the inconvenience

 

Your help and advice is massively appreciated! So glad this is sorted, cannot thank you enough!

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Hi 0161 and I'm delighted the gym has told Harlands/CRS to leave you alone for good now !! :whoo::whoo::whoo:

 

I'll change your thread title to reflect your win. (having probs at the mo but will sort this asap)

 

If you can manage a Site Donation, it'll help us be here to support others being bullied by Harlands/CRS.

 

:-)


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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Not a problem, more than happy to donate to keep this going.

 

Thanks again!

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Thanks 0161 - Much appreciated :thumb:


We could do with some help from you

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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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