Parking Eye Holiday Inn Heathrow fine and county court proceedings

Seanmac

Hi All,
I visited the Holiday Inn hotel at Heathrow to help a friend in July 2019 and at that time the hotel staff informed I do not need to pay a parking charge as I was just there to help a guest and guests are not required to pay. I stayed for approximately 30 mins and left. However, later I received a fine from parking eye and I called the Hotel and they informed they will cancel the fine and to email and I emailed the details but they did not reply or cancel. The hotel did not deny any of my claims. However, as I did not receive a response from the Hotel I did follow the POPLA route but POPLA decided in favour of Parking Eye. Now the matter is in county court and I filed a defence stating I was given an assurance from the hotel (landowner) and based on whose permission I parked my car. The hearing is scheduled in two weeks time and I am thinking if it would be worth pursuing or should I pay them off. 

If you can share your experiences or inputs it would be helpful. I don't want to fight if the court is definitely going to dismiss my arguments. 
Thanks in advance. 

KeithP

This looks like a continuation of your earlier thread.

Seanmac

KeithP said:

This looks like a continuation of your earlier thread.

Okay, any thoughts ?

KeithP

Seanmac said:

KeithP said:

This looks like a continuation of your earlier thread.

Okay, any thoughts ?

Yes, my first thought is... why have you started a second thread?

Secondly, show us exactly what you filed as a Defence.

Have you gathered your evidence and written a Witness Statement?
What target date do you have for filing those things?

You need to be reading the second post of the NEWBIES thread where all things 'court' are explained.

Seanmac

KeithP said:

Seanmac said:

KeithP said:

This looks like a continuation of your earlier thread.

Okay, any thoughts ?

Yes, my first thought is... why have you started a second thread?

Secondly, show us exactly what you filed as a Defence.

Have you gathered your evidence and written a Witness Statement?
What target date do you have for filing those things?

You need to be reading the second post of the NEWBIES thread where all things 'court' are explained.

My previous thread was an initial post and was concerned with POPLA mostly. Therefore, the need for a new post. If you are the administrator you can move to that post. I don't mind. 
The defence lays down the argument that I was given permission by the hotel and I emailed them detailing this when I received a fine from Parking Eye. I am not going to post my defence on this forum as it can identify me. 
I am working on my witness statement and need to submit in the next couple of days i.e. 14 days before the hearing. 

Redx

For continuity you should stick to one thread , but we are free advisors , not administrators

Pm soolin or savvy and ask them to merge the two threads into one

I suggest that you get on with your witness statement plus exhibits plus summary costs assessment , regardless

Without knowing full facts nobody can or should assess your chances , pay a lawyer for legal advice

If you lose in court you would typically pay about £175 , the figure listed on the claim form

Try and get a witness statement exhibit from the hotel asap

Seanmac

Redx said:

For continuity you should stick to one thread , but we are free advisors , not administrators

Pm soolin or savvy and ask them to merge the two threads into one

I suggest that you get on with your witness statement plus exhibits plus summary costs assessment , regardless

Without knowing full facts nobody can or should assess your chances , pay a lawyer for legal advice

If you lose in court you would typically pay about £175 , the figure listed on the claim form

Try and get a witness statement exhibit from the hotel asap

Thank you, Redx, just couple of questions. What do you mean  by "get a witness statement exhibit from the hotel" ? why would the hotel agree to give a witness statement ? I do have an email I sent to the hotel noting the conversation I had with the staff on the day of the incident and when I called confirming that they would cancel. I am including this as an exhibit however, I do not have any written confirmation from the hotel itself. The hotel is not cooperating anymore. 
If I lose in court and if I pay £175 immediately will there be any impact on my credit report ? will the judgment get recorded. The parking eye website states if the court decides against me it will impact my credit report and credit worthiness. 

Redx

I was hoping that the hotel would back your account and give you a written signed witness statement by post or by email to confirm that you were entitled to park there. It's an easy enough concept , if they were cooperating like they morally should do

You normally get a month to pay in full , so sdoso ASAP and the CCJ is expunged from the record , meaning it will not affect your credit rating, so ask for payment details if you lose and pay in full , the sooner the better

Their website should really have a disclaimer after that statement , that says

Unless the defendant pays in full , promptly , within the time period specified by the judge , usually 30 days

Seanmac

Redx said:

I was hoping that the hotel would back your account and give you a written signed witness statement by post or by email to confirm that you were entitled to park there. It's an easy enough concept , if they were cooperating like they morally should do

You normally get a month to pay in full , so sdoso ASAP and the CCJ is expunged from the record , meaning it will not affect your credit rating, so ask for payment details if you lose and pay in full , the sooner the better

Their website should really have a disclaimer after that statement , that says

Unless the defendant pays in full , promptly , within the time period specified by the judge , usually 30 days

Thanks. What do you mean by 'CCJ expunged from the record'. I would pay instantly if I lose but will a creditor see the CCJ say if I pay in 10 days? Will the creditor be able to see the CCJ within those 10 days or soon after? I don't want the CCJ to be recorded at all as I am in the middle of a mortgage transaction. 

Fruitcake

If you lose then you have one month to pay. If you do then it will be as if it never existed.
After that time it will be there for six years. Even if you paid after that time, it will still be on your record but marked as satisfied.

Your best is still to get something from the hotel in writing to say you are not liable and that you were told the scamvoice would be cancelled. Hotel manager or UK CEO are the best people to write to. Tell them you were told the charge would be cancelled but it never was.

Seanmac

Fruitcake said:

If you lose then you have one month to pay. If you do then it will be as if it never existed.
After that time it will be there for six years. Even if you paid after that time, it will still be on your record but marked as satisfied.

Your best is still to get something from the hotel in writing to say you are not liable and that you were told the scamvoice would be cancelled. Hotel manager or UK CEO are the best people to write to. Tell them you were told the charge would be cancelled but it never was.

Thanks, Fruitcake. Not able to find any contact details online for the CEO or hotel manager. The hotel staff are not cooperative and asking to get in touch with parking eye.