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    • Yep, I agree with what you are saying, I only mentioned the governing body code of practice as a nod to the fact that I wasn't dismissing the BPA or whoever out of hand, thought that would go in my favour before a judge. I wrote a long post about the BPA CoP earlier but then deleted it because I realised I wasn't talking about points of law but a set of guidelines drawn up by one bunch of charlatans for another bunch of charlatans. It is ludicrous that the 5 minute consideration period doesn't apply if the motorist parks, such nonsense. As for legislation, I was referring to the government legislation (if it is legislation?) document which has been withdrawn. Does that stand until it has been reintroduced? In the explanatory document it is quite clear. Otherwise, how does one hold them to the consideration and grace periods? Or is that at the discretion of the judge?
    • Thank you all   JK, I agree; if they were to accept my full claim today, then the interest would be around 8-9 pounds. If I were them, I would have offered to pay the interest and said no to the 12 pounds for the letters. These have not been mentioned, which is my mistake.   As you pointed out, if the judge were to award at 4% and I did not get the letters, I would get less.   Bank, thank you. I do hear what you are saying. If I am to continue with this, then I will need to pay an additional trial fee of £59. If I win everything, then great, but if I win less the claim and court fee, then I lose out. I am not sure what the judge will think about the interest. I think we have to remember that I won the item and, therefore, did not pay a penny for it. Yes, I have had to purchase an additional one, but maybe the judge will hold this against me. I am content that this is a win. I have not signed any non-disclosure clauses, and they do not ask for this either in their offer. 
    • Are you saying that both businesses were closed? Yet you stayed there for over two hours. . If both were closed than to charge £100 is a penalty since Horizon had no legitimate interest in keeping spaces clear for the company. sake as there were no customers..
    • Well you would think that would be the case. Sadly i doubt there is one honest broker within the BPA or IPC and most of their members. they are there to take as much money as they can from motorists regardless of PoFA.   Take the Consideration  period for example. This is a minimum of 5 minutes to allow motorists to find a parking space, read the T&Cs giving them enough time to leave the car park without having to pay if they decide not stay. Simple. Well it would be simple if it were any other company than BPA [or IPC who have now fallen into line with BPA's "reasoning"].  You see if you decide to stay then despite the fact that during the Consideration period when you still weren't classed as parking , once you accept the terms [with all the underhand little tricks designed to trip you up] that five minutes is now included in your parking time. [No not the parking period because the poor dears who ANPR cameras are apparently unable to work out what the exact parking period is since their ever so infallible cameras [yeah right] are incapable of tracking cars once they are in a car park]. After 12 years they still haven't worked out a way of doing it. Some of them fudge and the majority [with a wink fro their ATA [Accredited Trade Association though it should be Discredited Trade Association] just ignore the parking period all together. This is what BPA claim is the Consideration period Entrance grace period: This is for when motorists enter a car park, read the signs and/or attempt to make payment then leave. In these instances, motorists must be offered a reasonable amount of time before an operator takes enforcement action, but we do not define this time, due to the variance in size and layout of car parks. An entrance grace period for a small, permit-only car park could be below 5 minutes, whereas for a large multi-story this could be 15. But  heaven forbid that anyone should leave 6 or 7 minutes after entering  their member's car parks. . They are dutybound to receive a PCN. This is regardless of how busy the car park would be [Christmas eve for example ] .Our minimum is their maximum. Moving on to Grace periods. Again BPA gobble degook. Exit grace period: This must be a minimum of 10 minutes and this is when a motorist intends to stay – for example, if you paid for an hour but spent a total of 1 hour 10 minutes on-site, you will not receive a PCN. It is important to note that the grace period is not a free period of parking however and should not be advertised as such. If that ten minutes in not free parking what is it. their members all think they can send out PCNs for anything after 1 minute after the exact time never mind ten minutes. Our snotty letters have stood the test of time. Do not try to reinvent the wheel -especially with DCBL . They don't even know what a non compliant PCN is for goodness sake! You already know more about PoFA then they do. However if you include that they will find a way to disabuse the Judge of your logic and the law. So don't give them the chance.  I am sure you have the Parking Prankster going on about the rogues misusing the rules on planning permission by lying and stating that they had "retrospective permission". There is no such thing in English law yet Judges were swallowing it until one Judge pulled up Parking Eye about one of their Witness Statements alluding to "rp" by claiming it was "tantamount to perjury".  It wasn't tantamount,it was plain and simple perjury. Parking Prankster: The great private car park planning approval scam PARKING-PRANKSTER.BLOGSPOT.COM Guest blog from shuteyepark, from the Consumer Action group forums In December 2013 my daughter received a Parking Charge Notice (PCN) fro... Hope it wasn't too long winded Nicky Boy.🙂
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public swimming pool run by better org


leongot
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Hi again

everyone,

Im getting older and moaning more about things,

 

I visited my local swimming pool with my nephews last week,

I took my snorkel and mask

my nephew took his mask,

 

we were using them in the pool till we were told masks are not allowed in the pool

I pointed out that there was no signs warning this only no diving in the shallow end

 

It was told to me the life guards need to see our faces in case we got in trouble

and the mask covers our nose was not allowed,

 

I said nose clips are allowed but was told it made it difficult for the life guards

(I presume to carry out cpr) so the manger was called out to talk to me about the mask

 

he repeated the same

 

I asked for contact details for me to talk to someone about it,

He said he would provide them when i leave and i left the masks on the side of the pool.

 

We carried on swimming

 

15 mins later the whistle blew and we were told swimming was over

least to say i was miffed that we only got 35mins too

and no time tables are up in the reception area and paid £11.00 to swim.

 

I stopped at the reception on the way out and asked the receptionist to call for the manger

he came and gave me the contact details

I sent a email that evening pointing out no prices are advertised or timetables and about the face masks

 

got a reply next day,

 

He put in his email that ;

Normal operating procedure,

Section 3.4.4 Genaral pool rules,

bullet point six "No face masks/snorkels/beach balls

unless in a designated and supervised session"

 

And also he put in the email that it could take time to carry out CPR,

there are timetables on their website or on request from the receptionist

or in the wetroom and nothing at all about prices,

 

the next day I visited the centre and spoke to the manger who emailed me

and asked him for a copy of the General pool rules,

 

the manger went too obtain a copy and came back 15 mins later

told me he spoke to head office and couldn't give me a copy because of the data protection act,

 

While I was waiting for him I noticed they are selling swimming masks for children plus ear plugs

(I would have thought some one wearing earplugs in a swimming pool wouldn't be able to ear a wistle very well).

 

The bits I need help with.

1) Does data protection act come into this as it is a public swimming pool

and i wanted to see the rules as there are no signs giving warnings or restrictions.

 

2) Do they have to put time tables and prices at the reception for the public to see,

As on better org web sites there are different prices and the time tables can be confusing.

 

3) The masks are on sale to the public and I was using the mask in the public pool and as we know now Vinnie Jones tells us only to kiss the miss's and pump the chest instead.

:!:

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1) Does data protection act come into this as it is a public swimming pool and i wanted to see the rules as there are no signs giving warnings or restrictions.

2) Do they have to put time tables and prices at the reception for the public to see, As on better org web sites there are different prices and the time tables can be confusing.

3) The masks are on sale to the public and I was using the mask in the public pool and as we know now Vinnie Jones tells us only to kiss the miss's and pump the chest instead.

:!:

 

1) data protection would apply if an individual's data was involved, which seems unlikely. However, if they are a private organisation you wouldn't have the right to demand the data (as you might for a public body using freedom of information legislation)

2) (left blank)

3) Seperate out the issues, the mask rule & sales, and the mask rule & CPR,

If the rules say no masks : why are they selling masks?

 

Then separately : re: CPR, either "compression only CPR" (a la Vinnie Jones) or chest compression with expired air ventilation ("mouth to mouth") are both permissible.

I'd have thought nose clips would help mouth to mouth (avoiding having to seal the nose! If already in place), though perhaps not where mouth to nose or mouth to (mouth and nose,like a small child).

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Hi Leongot,

 

1. Their reference to the DPA is nonsense ! If they have rules they need users to follow, those rules should be displayed and available.

 

2. I'd double check to see if swimming session times and prices are displayed. If they are not, have a word with Trading Standards.

 

3. They sell face masks but say they can only be worn during designated and supervised sessions. I see nothing wrong at all with that.

 

Maybe vote with your feet and go elsewhere.

 

:-)

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from all that info, it seems the Manager is making things up and when you called his bluff, he's trying to cover it up.

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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Thank you for the response, My aim is to find out where it states about no masks in the rules, There are so many conflicting theories about googles ie. they restrict field of view ( I checked most googles and masks they both have 170 deg of vision) and it can be used to watch children under water was another one I heard, but no real reason at all.

I found pictures of muslim ladies wearing full hijab and full face cloth and as I said to the manger what would you do if a coach load showed up to swim his response was I have not had that yet, I responed with there is always a first time but that would be difficult also to do CPR with the cloth on the face.

I rang these centres Sunday and asked each one if they show there prices at the recepetion to the public to see, not one of them do I was told. If you ask for them they will be provided to you, I also asked if they show the time tables in any of the centres reception No was the reply to the five centres I asked. If you look at the web sites prices on four of them you get directed to join now but no pricing.

My bullet point here, we all live on a island and like many of us we could not swim I was self taught and taught my sisters I have also been going to sea for 30 years on boats and yachts, I have also saved someone from drowning in mid winter out of a river and she was expecting, I have used mostly common sense but if I did not know I would research and take a course. I agree with you Rene i think hes doing a Kryton off red dwarf with the :???:Section 3.4.4 Genaral pool rules :???:

http://www.better.org.uk/venues/windrush-leisure-centre

http://www.better.org.uk/venues/carterton-leisure-centre

http://www.better.org.uk/leisure/chipping-norton-leisure-centre

http://www.better.org.uk/venues/didcot-wave-leisure-pool/prices

http://www.better.org.uk/leisure/faringdon-leisure-centre

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Update so far folks i spoke to the trading standards they are contacting the leisure group and telling them to put up prices in the reception areas as the websites give 3 prices, Got a ref number from trading standards because it supposed to be against the law not to show prices.

Going to be presenting FOI to the centre because they should keep copys of there pool rules etc for the public to have access to as the company that runs the centres don't have any rules on there websites.

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