Jump to content


  • Tweets

  • Posts

    • Yes, in the main your understanding of my case is right. Linked below to the post with the final WS sent to the court and to Evri.   
    • Hello, welcome to CAG. As you say, appealing this ticket doesn't help as these people hardly ever accept appeals. They don't care how difficult someone's life is, they just want the money. The forum guys should be along later with thoughts for you on how to deal with this. Best, HB
    • I have received an email in the last 10 minutes 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024  It also includes a "Notice of Hearing" stating that the application hearing will take place on 13th June at 10.00am.  Confused as to whether I need to attend this ?
    • I've received this notice to keeper. I work for the NHS and was delayed due to patient care. I park here regular and and have never had any issues. I've looked at the evidence on the portal and other than showing that i entered at 12.59.33 and departed at 17:14:14 it doesn't state how long i overstayed for. I paid for 4 hours parking over the phone which i wont have done till i got parked but as its over the phone i have no receipt or record but it is not possible for me to have been in excess of 15mins from the photos alone but I'm unsure having read other threads whether grace periods are 10 or 15 minutes. I havent appealed yet but and was about to but in appealing i'm showing i'm the driver which i gather is something you state we must never do. I don't like confrontation but £60 seems extortionate. Hope you can help. 🤞 1 Date of the infringement 30th May 2024 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 30th May 2024 [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s 3 Date received 5th June 2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No reference to schedule 4 just says"...we the creditor reserve the right to recover unpaid parking charges from the registered keeper in accordance with POFA 2012." 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up NA 7 Who is the parking company? Carpark securities 8. Where exactly [carpark name and town] Northgate, Halifax Former Dews Car Park HX1 1XJ For either option, does it say which appeals body they operate under. IAS There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   Notice to Keeper.pdf
    • It never seems to amaze me how the chuckleheads think that No Stopping can ever offer a contract when it is prohibitory. In any case you did not accept the contract by entering the land, you entered the land to get to the airport for goodness sake. In most car parks there is a Consideration period that allows motorists to decide whether they want to stay in the car park . Here on a road, there is no consideration period and whether the motorist finds the terms agreeable or not even assuming that they are able to understand that they are being hoodwinked into believing they are being offered a  contract they cannot turn back. They have a plane to catch and even if they did turn back because they didn't accept the  No Stopping term of   the so called contract they would still have had to stop to turn around. Plus there is a question of Frustration of Contract. You had to stop at a pedestrian crossing .    
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Energie Fitness cancelling due to move/following change of ownership - now Harlands +£20 penalty


Recommended Posts

Hello all, please excuse me for the long post. Seeking advice on my current situation. Outlining below. 

- I joined my local Energie Fitness gym on 1/5/2022

- Very recently the gym left the Energie Fitness group and became an independent gym. I contacted the staff at the gym and they said they had sent out an email informing customers in advance, but I had not received the email. 

- It just happens that I will be moving out of my town and would like to cancel the gym membership. I asked the staff at the gym about the procedure and they informed me to just cancel the direct debit. On 25/3/2024 I cancelled the direct debit. (The DD payments were still going to Energie Fitness) I sent an email immediately to the gym informing them I had cancelled the DD as instructed and asked them to delete my account. 

- On 28/3/2024 I received an automated email from Harlands requesting me to re-activate the DD. They are saying if I don't reactivate by 30/6/2024 I may receive a default fee of 20 GBP from Energie Fitness. Following this I contacted the local gym and asked them to check my account but it seems they didn't have me on record. However, the staff re-assured me that even when they were part of Energie Fitness it would be fine to just ignore the Harlands email. 

- Today on 29/3/2024 I tried logging into my online Energie Fitness account and noticed it was still open. I tried using the cancel membership function from there but it stated I was unable to because the account was frozen. It seems I'd need to unfreeze my account to use the feature.

I had also managed to find the email address for the Energie Fitness head office and emailed them explaining about the local gym leaving the Energie group and asking them to close my Energie account + confirm that I no longer need to make any payments to Energie Fitness. 

With regards to the terms and conditions for cancellation, I would typically need to give Energie one month's notice but there is also a clause in the terms that states: 

Relocation: The agreement can be cancelled in the event that your new permanent address is more than 15 miles from the facility upon receipt of a copy utility bill or bank statement showing the new address. 

There is also a clause that states in the event of the sale of the club, Energie may transfer membership to the new owner and I will continue to be a member of the club and pay membership. In terms of next steps, I assume I have 3 options; 

1) Reactivate the direct debit so that I can attempt to officially cancel the membership through the online Energie account (and pay the remaining one month membership as notice)
2) Wait until I've moved into my new property and email a copy of the new permanent address to Energie and ignore any follow ups from Harlands. (don't pay anything more to Energie)
3) Completely ignore any follow ups from Energie and Harlands and just do nothing. (don't pay anything more to Energie)

I'm quite confused about what to do, could you please advise what would be the best course of action? Thanks very much in advance. 

Link to post
Share on other sites

Read the stories about gym memberships and about Harlands on this forum.

Basically just ignore them.

A good idea to let them know your change of address – just in case – a very remote possibility – that they decide to send you something official in which case let us know.

  • Like 1
Link to post
Share on other sites

  • dx100uk changed the title to Energie Fitness cancelling due to move/following change of ownership - now Harlands +£20 penalty

simply write to them, offering one months fee, give them 14 days to accept.

if they sont accept, ignore everyone.

Harlands too! and the extra £20 penalty is not allowed either.

thread title updated.

dx

 

  • Like 1

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... 

Link to post
Share on other sites

Thanks for the advice.

Unfortunately in my haste I had already emailed the Energie Fitness head office explaining my situation (that the staff in the gym told me to cancel the direct debit, then I got emailed from Harlands and I asked them to cancel my membership + confirm I don't have to pay anything else).

Based on their response I will probably write a letter to Energie and state: I tried cancelling membership in my online account but couldn't (screenshot attached), I have re-read the terms and understand that the cancellation requires one month notice, hence I offer them one month fee for 14 days. Remind them that the gym no longer operates as part of their group and hence there is no basis to pay anything more.

 

I was originally thinking of giving them my new address but on second thought id like to have this all behind me once I move. How does this direction sound? And would you advise I wait for their email response or should I send the letter immediately?

Link to post
Share on other sites

just write to energie as i stated.

like all 'debts' on or not on your credit file,  and for things like the DVLA for each car v5c and separately for your driving licence, you must inform everyone in writing of a change of address.

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... 

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...