PCN - CE Services, private hotel car park

furryfourfooter

Hallo Chaps,

Got a classic infuriating private PCN. I was performing stand-up at the Red Lion Hotel in Basingstoke - turned up, parked the car, did my set and !!!!!!ed off home. Three weeks later I received a PCN out of the blue. It appears that what I did wrong was fail to give my registration to the hotel reception, but then they never asked me for it. I've asked the hotel manager to try and sort this for me, but she sounded disinterested, so I've got two questions:

1. As a 'temporary guest' it seems reasonable to me that the hotel should have asked for my car reg to prevent me getting a ticket (they must have known this would happen). They did not, I got a fine, it's their fault and not mine.

2. Since that might be a little tricky and these companies are notoriously slippery, I've also noticed that whilst the 'offence' was on November 5th, the PCN was only issued on November 24th. I'm pretty certain I've read somewhere that that's too long a period for the PCN to be valid any more and I can wriggle out on that technicality. Any ideas on that?

Any and all help most welcome.

Cheers,

Ben

The_Slithy_Tove

Don't talk to the receptionist, talk to the manager (preferably the proper manager, not the duty manager). Don't take any brush-off, remind them that the parking company is working FOR them on THEIR instruction, and not the other way around. Despite anything they may claim, they can easily get the ticket cancelled. Make sure you get confirmation in writing.

And remember that Tripadvisor reviews can be powerful things :-)

Fruitcake

In addition to the above, read the Sticky thread for NEWBIES then appeal around day 25 AS KEEPER. (The NEWBIES thread explains the dates regarding when a PCN is and isn't valid.)
Do this unless you get something from the parking company to say the ticket has been cancelled. Don't rely on the hotel who have hired these scammers in the first place.
You could always send the hotel an amended invoice to cover your additional expenditure.


Do not pay, do not ignore , do not reveal who was driving, do not miss the appeal deadline, never, ever 'phone a parking company.

bazster

It doesn't invalidate the ticket as such, it means they can't invoke keeper liability i.e. they can only pursue the driver.

You could try:

(i) Complaining to the hotel's owners:

HOLLYBOURNE DEVELOPMENTS LIMITED
BELLCROFT
VICARAGE HILL
ALTON
HAMPSHIRE
GU34 2BT

The company has one director:

Anthony Robert BAILEY

https://www.companiesintheuk.co.uk/director/6126065/anthony-bailey

And the company secretary is:

MARTIN JOHN TOLLOW

https://www.companiesintheuk.co.uk/director/6126064/martin-tollow

Bailey is 69 and Tollow is 70, so chances are they will not want this kind of hassle if you write to them personally. If you really want to give them a hard time you could write to them at their home addresses, which are given in the pages linked to above.

(ii) getting heavier with the hotel manager e.g. tell her that should a court case ensue (which is a possibility with this company) you will apply to the court to have the hotel, as the parking company's principal, joined to the case as a claimant, and she or one of her colleagues will then have to appear in court, or send a lawyer. And/or tell her that should you have to pay this charge you will hold the hotel liable and you will sue them for your money back plus costs.

(iii) if she still won't help tell her you'll give the hotel a !!!!!! review on TripAdvisor and you'll also contact all your mates in the entertainment business (by whatever means you have at your disposal) and warn them off accepting gigs at this hotel.

(iv) Appeal to the parking company as the registered keeper. Say nothing about the circumstances, or mention who was driving the car, simply point out that their postal notice was too late to invoke keeper liability under the Protection of Freedoms Act 2012 (it needed to arrive within 14 days after the incident). They will reject this appeal, but you will then be able to make the same point to PoPLA and most likely win.


This company does issue court claims but almost never turns up for the hearing. Their usual M.O. with a defended case is to take it to the brink and then not show up, whereupon a well-prepared defendant can request a costs order from the court and walk away some £90 better off. Sometimes they contact the defendant just before the hearing and lie that the case has been dropped (in the hope that the defendant will then not show up for the hearing).

In your situation they haven't a hope in hell of winning a court case since you had genuine business at the hotel (indeed you were there under contract with the hotel).

Fruitcake

bazster wrote: »

(iv) Appeal to the parking company as the registered keeper. Say nothing about the circumstances, or mention who was driving the car, simply point out that their postal notice was too late to invoke keeper liability under the Protection of Freedoms Act 2012 (it needed to arrive within 14 days after the incident). They will reject this appeal, but you will then be able to make the same point to PoPLA and most likely win.

Or as keeper (on the day in question) if the car isn't registered in your name.

furryfourfooter

Lovely stuff, this is all really useful, very much obliged. One tiny technicality - my business was with an outside promoter putting a comedy show on at the hotel. Obviously that's still a major revenue stream for the hotel and they're benefiting from my services, but technically speaking my contract was with the promoter, not the hotel. That shouldn't cause any problems, should it?

bazster

Gives you someone else to moan at in addition to the hotel.

Fruitcake

furryfourfooter wrote: »

Lovely stuff, this is all really useful, very much obliged. One tiny technicality - my business was with an outside promoter putting a comedy show on at the hotel. Obviously that's still a major revenue stream for the hotel and they're benefiting from my services, but technically speaking my contract was with the promoter, not the hotel. That shouldn't cause any problems, should it?[/QUOTE]


None at all. You were there as an agent of the promoter, as the parking scumpany was there as an agent of the hotel. They can't have double standards now can they?


How is trapadvisor, fakebook, and tw@tter doing with regards to your positive feedback? :D

furryfourfooter

True, but I'm mates with the promoter, so don't want to upset her. She's past the issue over to the hotel...

furryfourfooter

Gotcha. Not gonna go on social media yet. Will see how this appeal goes with all the info you've given me. If that fails and the hotel don't support me it'll be a full frontal assault on there.