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CCBC relating to 5 year old ticket
Comments
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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 !3 -
(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.0
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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.
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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.3 -
iad77 said:Response from the hotel manager, he said he apologises for the inconvenience and will contact UKPC to request cancelation of the ticket.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 Street4 -
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 2021.3
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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.2 -
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 !3 -
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 )1
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