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Claim Form - Small Claims Court - Britannia Parking

245

Comments

  • Coupon-mad
    Coupon-mad Posts: 155,565 Forumite
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    edited 3 January 2023 at 3:38PM
    "£490 for chasing the claim."

    Hahahaha!!  Having.a.laugh!

    But the template defence covers this.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • chad888
    chad888 Posts: 98 Forumite
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    chad888 said:
    Checking over the claim, it says it is for 7 instances...

    £731.25 for the 7 (£104.4642857 each) over 2 different weeks.

    £490 for chasing the claim.

    £31.25 for interest accrued.

    £80 for solicitor fees.

    £80 for court costs.

    3 are for parking in a disabled bay without showing a blue badge (heavily pregnant wife miscarried) - its private land, I have proof that I paid for parking on my expense receipt. They can't claim for loss of earnings here can they, as disabled/abled body all pay the same...

    4 are for parking without paying, the week the system was faulty so my parking must not have gone through.

    Contacted my work HR today to discuss any other staff being given the charges, not heard anything. Will email hotel customer relations now to discuss.
    IS THIS BWLEGAL ????

    £731.25 for the 7 (£104.4642857 each) over 2 different weeks.
    FAKE .... 7 TICKETS MAX £700

    £490 for chasing the claim
    MEGA FAKE  .... .This is because the legal assumes that the BPA debt collection scam is REAL
    This is the OSNER scam approved by the BPA.  Judges are aware of this scam. and most will reject it.
    They mostly reject the interest claimed
    OSNER runs a debt collection firm called ZZPS who are BPA members

    And this is the important part, government approved the BPA giving them ATA status but failed to regulate them.  

    You have a BIG story to tell the hotel so they understand how the money scammers operating their car park operate with fakery

    It is BW Legal - I will see if I have any information on names used
  • Fruitcake
    Fruitcake Posts: 59,479 Forumite
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    edited 3 January 2023 at 5:48PM
    chad888 said:


    3 are for parking in a disabled bay without showing a blue badge (heavily pregnant wife miscarried) - its private land, I have proof that I paid for parking on my expense receipt. They can't claim for loss of earnings here can they, as disabled/abled body all pay the same...

    4 are for parking without paying, the week the system was faulty so my parking must not have gone through.

    Contacted my work HR today to discuss any other staff being given the charges, not heard anything. Will email hotel customer relations now to discuss.

    The blue badge scheme does not apply on private land, but the Equality Act 2010 does. Look up the relevant sections.
    Forget the loss of earnings. That point went out in the Beavis Supreme Court case in 2015.

    Faulty payment system = frustration of contract = no breach of contract.

    Forget customer relations. You want the hotel manager and/or the CEO. Is the hotel part of a chain? There is nothing stopping you leaving negative feedback on the hotel website/Tripadvisor to warn others of the infestation.

    You also need your employer to put pressure on the hotel, so don't wait for HR. Complain to your manager/supervisor, ask for a raise to cover the addition charges and/or put the charges in as expenses.
    Refuse to go again because you can't afford the added costs. Forcing you to go would be an unfair employment contract term.
    If you are a member of a trade union they should be all over this.

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  • chad888
    chad888 Posts: 98 Forumite
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    I have copied the defence template from the sticky (it is the first post in the one that says updated in 2022??)

    Para 2 I have identified myself as driver.

    Para 3 is below, could someone check it over please? - 

    3. The defendant is a regular guest at the hotel ‘Jurys Inn’ which is served by the car park that is managed by Brittania. The defendant has been a guest at this hotel every week between 2020 and 2022, this is expensed through work. During check-in at the reception guests are asked to pay for parking for the entire stay, the guest provides their registration and pays for parking for the full stay, this is £10 per night.

    (a)        The defendant stayed at the hotel four nights between Sunday 08 May – Thursday 12 May 2022, they paid £40 parking at check-in and has the invoice stating this. The defendant was staying with a pregnant person that was experiencing a threatened miscarriage, a full miscarriage was confirmed by Heartlands Hospital 05 June 2022. The blue badge scheme does not apply on private land, but the equality act 2010 c.2015 Part 2 Chapter 2 Section 18 covers pregnancy and illness suffered because of it.

    (b)        The defendant stayed at the hotel four nights between Sunday 22 May – Thursday 26 May 2022, they paid £40 parking at check-in as they have done every time they stay at the hotel. The defendant remembers a passive remark by the staff member checking him in that the car park system was ‘playing up’. The defendant paid for their stay as they always do and continued to use the hotel as usual. It is the defendants belief that either the system was faulty and did not log the parking, or the receptionist entered an incorrect registration number. The defendant does not have an invoice for this stay, but has other invoices from different stays showing parking is always paid for. The defendant has requested the hotel provide information on any system issues affecting this specific week, this is pending. The defendant has requested a log of all vehicle registrations to identify if it was potentially typed incorrectly, this was denied due to GDPR laws. 
  • Coupon-mad
    Coupon-mad Posts: 155,565 Forumite
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    edited 5 January 2023 at 8:58PM
    I'd remove:

    "that is managed by Brittania"

    and

    "
    blue badge scheme does not apply on private land, but the"

    Put capital first letters for Equality Act and remove 'c.2015' which to me, doesn't make sense.

    Also check your spelling of Britannia in the top heading. 

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • chad888
    chad888 Posts: 98 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    Update (I know I've made repeated threads for each step, so bringing it back in to a single thread):

    I filed my defence, my arguments are:

    1) Week 1 - Parking in a disabled bay in a private car park without a blue badge as I travelled with my pregnant wife going through a threatened miscarriage (full miscarriage 2 weeks later). I have reciept for £40 for 4 days stay.

    2) Week 2 - I paid for parking, I don't have the receipt, the woman at the desk said there was an issue with the system. I have receipts for most other times I stayed at the hotel which show I paid the same amount as that time (credit card). 


    They sent me a letter saying they will pursue the claim, regardless of the defence. But they were giving me an extra month to contact them and pay, and they will end the claim. Ignored.

    DQ arrived yesterday, filled it in and will post recorded today. I have opted for Plymouth Court (is there any reason not to? I.e. corruption?), other choice was Bodmin.


  • B789
    B789 Posts: 3,441 Forumite
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    edited 26 March 2023 at 12:55PM
    chad888 said:
    Update (I know I've made repeated threads for each step, so bringing it back in to a single thread):

    I filed my defence, my arguments are:

    1) Week 1 - Parking in a disabled bay in a private car park without a blue badge as I travelled with my pregnant wife going through a threatened miscarriage (full miscarriage 2 weeks later). I have reciept for £40 for 4 days stay.

    2) Week 2 - I paid for parking, I don't have the receipt, the woman at the desk said there was an issue with the system. I have receipts for most other times I stayed at the hotel which show I paid the same amount as that time (credit card). 


    They sent me a letter saying they will pursue the claim, regardless of the defence. But they were giving me an extra month to contact them and pay, and they will end the claim. Ignored.

    DQ arrived yesterday, filled it in and will post recorded today. I have opted for Plymouth Court (is there any reason not to? I.e. corruption?), other choice was Bodmin.


    You don't post your DQ. You email it to the same email you used for your defence and a copy to the solicitors. Where are you advised to post anything? Nowhere are you advised to post anything "recorded". If you are insistent on actually posting anything, then you use the free "Proof of Posting" at any post office.

    You haven't mentioned how your complaints to the hotel, their group CEO or how your employer has assisted in any way.
  • Coupon-mad
    Coupon-mad Posts: 155,565 Forumite
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    edited 26 March 2023 at 2:21PM
    I don't know anything bad about Plymouth court so that seems OK.

    Emailing your DQ will be the last time you email the CCBC at Northampton because after this, everything goes to Plymouth.

    Copy the Claimant's solicitors into everything.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • chad888
    chad888 Posts: 98 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    B789 said:
    chad888 said:
    Update (I know I've made repeated threads for each step, so bringing it back in to a single thread):

    I filed my defence, my arguments are:

    1) Week 1 - Parking in a disabled bay in a private car park without a blue badge as I travelled with my pregnant wife going through a threatened miscarriage (full miscarriage 2 weeks later). I have reciept for £40 for 4 days stay.

    2) Week 2 - I paid for parking, I don't have the receipt, the woman at the desk said there was an issue with the system. I have receipts for most other times I stayed at the hotel which show I paid the same amount as that time (credit card). 


    They sent me a letter saying they will pursue the claim, regardless of the defence. But they were giving me an extra month to contact them and pay, and they will end the claim. Ignored.

    DQ arrived yesterday, filled it in and will post recorded today. I have opted for Plymouth Court (is there any reason not to? I.e. corruption?), other choice was Bodmin.


    You don't post your DQ. You email it to the same email you used for your defence and a copy to the solicitors. Where are you advised to post anything? Nowhere are you advised to post anything "recorded". If you are insistent on actually posting anything, then you use the free "Proof of Posting" at any post office.

    You haven't mentioned how your complaints to the hotel, their group CEO or how your employer has assisted in any way.

    Employer told me to speak to the hotel to see if there is anything they could do.

    Hotel kept passing me down to the reception manager, no matter who I tried to go through.

    Hotel reception manager claimed they contacted Brittania parking who were going to contact BW Legal and see if they would drop the case. Obviously that was a load of !!!!!!, so I stopped talking to them.
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    chad888 said:
    Employer told me to speak to the hotel to see if there is anything they could do.

    Hotel kept passing me down to the reception manager, no matter who I tried to go through.

    Hotel reception manager claimed they contacted Brittania parking who were going to contact BW Legal and see if they would drop the case. Obviously that was a load of !!!!!!, so I stopped talking to them.
    Have/did you try and complain to the CEO of Jurys Inn? GIYF "jurys inn CEO"
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