ParkingEye - Hotel Indigo Newcastle stay, CNBC claim, but did nothing wrong

Coupon-mad

Trouble is the contract has ended, so the hotel has no leverage.

FoxScully

@Coupon-mad A quick question about this line in the opening para:

"Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC')."

The DCBL standard POC contains:

• The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms And Conditions.
• In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

Is that line in the defence valid in this instance, based on the second point in the POC above?

Coupon-mad

Yes. Leave it in

FoxScully

Coupon-mad said:

Yes. Leave it in

Oki doke, thanks 👍

FoxScully

I've received a letter from DCBL noting my defence and asking for evidence that I was a guest of the hotel during the time I parked in the car park, and given me a 14-day period in which to respond (which feels very arbitrary). I have a few sources of evidence here - the dated parking invoice, a booking e-mail, and an e-mail from the General Manager confirming the date I stayed at the hotel. 

The GM wrote to ParkingEye to get them to cancel the action and already confirmed I was a guest at the hotel who paid for parking, but PE refused to discontinue.

Should I share this evidence with DCBL? Or stay the course?

Coupon-mad

Share it and tell them to hurry up and discontinue. Be pushy and not polite to this bunch. 

FoxScully

Thanks @Coupon-mad - I'll do exactly that and see if they discontinue. 

FoxScully

The case rumbles on, for now. DCBL wrote to say ParkingEye are continuing with the case. They submitted their N180, requesting mediation.

I am little concerned though. I submitted my completed signed N180 - in PDF form, to DQ.CNBC@justice.gov.uk, with a copy sent to DCBL - 5 days before the deadline. I received an automated confirmation e-mail, but 10 days later my case transations on MCOL have not been updated to reflect this. Should I be worried?

Gr1pr

Contact the CNBC and report this ASAP, because its either backlogged or its been missed 

FoxScully

Gr1pr said:

Contact the CNBC and report this ASAP, because its either backlogged or its been missed 

I sent them an e-mail to follow-up today, but their auto-response to e-mails without an attachment states that they won't respond to queries about documents or e-mails sent to them.