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CCBC relating to 5 year old ticket

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 28 December 2021 at 12:11PM
    You must still sort out this Defence by 4pm tomorrow , so do it first

    Show us your proposed paragraphs 2 and 3 below ( numbered ) once you have altered them to the required format , so no I for example.

    Ideally you want the hotel to tell UKPC to cancel the PCN and court claim due to being a legitimate customer of the hotel with permission to park , frustration of contract due to administration errors by the hotel , plus get a signed written statement from the hotel as an exhibit for later on

    All this should have been done years ago !
  • iad77
    iad77 Posts: 46 Forumite
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    (2) It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.  

    (3) From the dates of 02/12/2016 to the 09/12/2016 the defendant was staying at the travel lodge in Camberley, Upon returning after work around 11pm the defendant discovered a ticket placed on the windscreen of their vehicle.

    This was disputed with the hotel reception and the defendant was informed that the registered vehicle had not been entered into the hotel records but this was amended immediately with the vehicle registration being entered onto the hotel system. 

    Any charge issued to the defendant implies that the defendant was not registered when in fact the defendant was a registered guest at the hotel where the vehicle was parked and so no charge should have been applied to stated vehicle. 
  • iad77
    iad77 Posts: 46 Forumite
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    Response from the hotel manager, he said he apologises for the inconvenience and will contact UKPC to request cancelation of the ticket.


  • Le_Kirk
    Le_Kirk Posts: 24,756 Forumite
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    iad77 said:
    Response from the hotel manager, he said he apologises for the inconvenience and will contact UKPC to request cancelation of the ticket.
    Keep at the manager until they do!
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
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    edited 28 December 2021 at 2:50PM
    If the hotel does not co=operate consider wring bad stuff on TripAdvisor, Trivago, hotels, com and booking.com.

    Have you complained to your MP?
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,510 Forumite
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    iad77 said:
    Response from the hotel manager, he said he apologises for the inconvenience and will contact UKPC to request cancelation of the ticket.
    But this doesn't change the deadline for the submission of your Defence. Miss the deadline tomorrow and it's likely game over for you, with the full amount being claimed becoming due. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 28 December 2021 at 2:54PM
    iad77 said:
    2) It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.  

    3) From the dates of 02/12/2016 to the 09/12/2016 the defendant was staying as a guest at the travel lodge in Camberley, Upon returning after work around 11pm the defendant discovered a ticket placed on the windscreen of their vehicle. This was disputed with the hotel reception and the defendant was informed that the registered vehicle had not been subsequently entered into the hotel records but this was amended immediately with the vehicle registration being entered onto the hotel system. ( The defendant had no control over this process so avers frustration of contract. ) Promissory estoppel applies because the hotel gave permission to park when the defendant was registered at the very beginning.

    4) Any charge issued to the defendant implies that the defendant was not registered when in fact the defendant was a registered guest at the hotel where the vehicle was parked and so no charge should have been applied to stated vehicle due to the application of promissory estoppel. The defendant avers that the poor signage cannot be applied to the defendant due to the prior permission given by the landowner ( the hotel ). The hotel have promised to send a cancellation to UKPC due to a repeat complaint by the defendant on 28 December 2021.
    A few changes made , but wait for other suggestions too , because my changes may need tweaking and the CCBC is currently closed until tomorrow
  • iad77
    iad77 Posts: 46 Forumite
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    edited 28 December 2021 at 3:08PM
    As I stated to the manager of the hotel by email, when the booking was made to the hotel by my employer they would have given my registration plate, this wasn't entered alongside my booking into the hotel records, only once I complained about the ticket did they enter it. 

    (Frustration of contract?)

    Waiting to hear back today from the hotel, they did seem very apologetic and seemed to want to help asap...

    Also is there anywhere I can see the date that the defense needs to be submitted.
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 28 December 2021 at 3:16PM
    But the case continues until it is discontinued by the claimant , so carry on and submit the final defence by email before 4pm tomorrow

    Maybe add the above as an extra paragraph Or adapt one of the ones at 3 or 4 to include it , but no repetition , but change to defendant and claimant , etc , no I

    Look up frustration of contract , a fact that is beyond your control , it was a matter between the employer and the hotel , to sort out those details , including parking , as you say , so beyond your control !  So from your point of view it's frustration of contract , because you were frustrated in entering the contract and had no control over the booking ( the contract )

    KeithP gave you your deadline weeks ago , so read your own thread ( discussion ) , that's where I found it , on the 1st of December

    Ps , there is no S in the word Defence !
  • iad77
    iad77 Posts: 46 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    Redx said:
    But the case continues until it is discontinued by the claimant , so carry on and submit the final defence by email before 4pm tomorrow

    Look up frustration of contract , a fact that is beyond your control , it was a matter between the employer and the hotel , to sort out those details , including parking , as you say , so beyond your control !  So from your point of view it's frustration of contract , because you were frustrated in entering the contract and had no control over the booking ( the contract )
    Thank you Redx 🙏🏼
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