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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
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    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Exercise 4 less


gemmasummer
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Hi ,I would please like some advice please regarding this matter.

 

me and my partner signed a 12 month contract at exercise 4 less last December 2016.

 

In August 2016 I decided we wanted to end the membership and cancelled the direct debit.

 

Since then to which it is still continuing they will not leave us alone ,to the point of harassment now.

 

I've been in touch with citizens advice and consumer helpline but they are not helping the situation , they told me to pay up.

 

I've wrote to Harlonds/CRS numerous times and the matter is not getting dealt with .

I have writhen to come to an amicable resolution .

 

I even came to an agreement to pay but a few days later I got a letter from there so called dept recovery .

 

I rang and they said they have no recollection of me calling.

 

So now they have written to me again and said they have recalled the phone call and are willing to settle the dept for me and my partner for £157 for them to go away

 

I've had enough now ,

 

can you give some advice please so I can deal with them once and for all

thanks gemma

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Slick will be along with better advice in good time.

 

However, IMO, ALL you would owe is two maybe three payments, that is all.

 

STOP talking to Harlands/CRS (they're the same) deal direct with the gym, and ONLY in writing/email, never EVER over the phone.

 

How much was the monthly fee?

When did the last payment leave your account?

 

All of the fees/charges that CRS/Harlands have added can be ignored, they're unenforceable, and they never go near a court because they know they'd be laughed out the place.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi , yes I had come to conclusion that they where both the same company.

 

The monthly fee for both me and my partner was £20, however due to where we live we hardly went to this gym

 

. I know I should never of signed this contract and should of read the small print, however lesson learnt.

 

The last payment taken was the 29th of July

 

No payments have been taken since.

 

Put they are continually trying it on and putting the pressure on to pay up

 

.When I spoke to them Tuesday I asked if this would go to a small claim court to which there reply was nothing. thanks gemma

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Please don't fall for their tricks

They are not bailiff s

And have no legal powers whatsoever

A dca is nothing of the sort!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi GS and welcome to CAG

 

I assume there were no grounds for cancelling such as redundancy, ill health or relocation, but please confirm.

 

If that's the case, you really have no grounds to cancel before the initial 12 months is up, however ..........

 

........... we believe Harlands/CRS adding (unlawful and unenforceable) ever increasing amounts of admin charges is unfair to you as a customer and this actually DOES gives you grounds to cancel.

 

Stay off the phone and ignore Harlands/CRS demands, texts, phone calls, etc. Don't call them again and, if they call you, just hang up.

 

When Harlands/CRS fail to scare you, they'll pass it on to the Zinc Group, followed by Spratt Endicott (Harlands current pet solicitor). You can continue to ignore contact from them too but keep us informed of what they say.

 

Read other threads here to see what happens with Harlands/CRS cases.

 

:-)

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Hi ,so I've to just ignore them and have no contact including letters ?.Do they have the power to send the bailiffs to my door?, or does it have to go court for them to enforce this ,as this is what I worry about .As for cancelling the membership yes we did break agreement ,due to personal issues but the way its continuing is ridiculous now .I got to a point of, I will pay them just to get rid of them ,but realised this is exactly what they want.thanks gemma

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Bailiffs ha ha ha ha ha....., you can rest assured that there is absolutely no chance of bailiffs ever turning up for a gym debt.

 

And YES, the GYM, would need to take you to court first, (they won't) then they have to convince the judge to award you a CCJ, (they won't) then you would have to default on the court order telling you what to pay, they would then have to go back to court and convince the judge again, that they should appoint court certified bailiffs. They won't.

 

Forget any notion of Bailiffs, this is a poxy gym debt.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi GS,

 

Please see the PM I've sent you.

 

From your reply, I assume there were no relevant or acceptable reasons to cancel, even though you refer to personal reason (which we don't need to know).

 

As BBoo says, this is extremely unlikely to go anywhere near a court, even though you were a bit naughty cancelling in the way you did.

 

Keep us posted ...............

 

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yes I've got your pm thanks .I will never ever be signing a gym contract again ,I did write to them before hand to let them know I wanted to cancel, but lesson learnt. thanks for information and IL keep you informed of any responses I receive.

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  • 1 month later...

Hi, just a quick update since I last messaged.

 

 

I received a letter from trading standards that they had received a number of complaints ,including mine and they had set up a meeting with Exercise 4 less.

I have not heard back from them yet,

 

 

however in the last week I have had phone calls, texts form Harlands/CRS everyday to contact them its urgent, to which I have blocked the numbers and not spoken to them.

 

 

I am yet waiting on a letter which I am sure they will send with more threating warnings ,too which I will ignore .

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Hi GS,

 

What's the address of the TS that's written to you.

 

If you have time, could you write to TS again saying that, as part of their investigation, they really need to address the bullying and harassing tactics used by Harlands/CRS.

 

That would be useful, thanks.

 

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I received a letter from trading standards that they had received a number of complaints ,including mine and they had set up a meeting with Exercise 4 less.

 

Now this is good news!!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Gemma,

 

Sorry to be a pain but can you read my last post again and reply to my Q's.

 

This is really important !!

 

Thanks. :-)

We could do with some help from you

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I would like to also add a complaint to wherever it was that you complained to - I have been harassed by Harlands for going on 3 years now and would like to put a stop to it - not just for me! Where did you complain to Gemma?

 

Can you start your own thread please?

 

3 years of harassment is a criminal offence, BUT, it depends on how you have reacted to their puerile petty letters.

 

If you have been ignoring them for three years and they have persister, then IMO you should seek legal advice with a serious view of prosecuting them in court for the criminal offence of harassment.

 

However, start your own thread and let us know the story.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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That's ok BBoo.

 

TMum has a long-standing thread in this forum.

 

What I'd really still like is for Gemma to answer my Q's in post #13.

 

This would be helpful in the fight we're having with Harlands.

 

:-)

We could do with some help from you

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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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