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Help with completing defence statement

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Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 September at 3:08AM
    Just deny not being an authorised user and say that the hotel (do not name which one) specifically permitted the Defendant to use the area for dropping off. However, the Defendant was physically prevented from leaving the car park due to another vehicle blocking the only available exit route. This obstruction meant that the Defendant could not lawfully or safely move their vehicle without causing criminal damage to other vehicles or property. As a result, the time the Defendant’s vehicle remained in the car park was beyond their control. The Defendant was not voluntarily ‘parking’ but was involuntarily detained due to circumstances outside of their power. The Claimant’s own evidence photograph actually supports the Defendant’s position; the Defendant can be seen seated in their vehicle, with their seat belt securely fastened, with the headlights visible proving the vehicle’s ignition was on and the Defendant was in the process of leaving the area. The obstruction caused by the vehicle blocking the exit route is also visible from the same image.

    Then with that as para 3, you could probably add back in para 10 of the Template.

    Then, please please: FIGHTBACK ALERT:

    Please do the government's Public Consultation. We need every poster to complete this vital survey before the deadline.

    See this thread:

    https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-now-extended-closes-friday-26th-september/p1

    We understand that you may need some pointers. It looks laborious, we get that. It doesn't matter; no knowledge is needed except re your own experiences so you can call out a scam industry and you'll protect millions of motorists and help change the law. 

    I've written some guidance to help focus new posters on the issues. I've covered almost every question, providing ideas if you agree with our stance on things like DRFs, which we say must be banned.

    Ordinary people like you are falling victim to this scam 15 million times per annum. Motorists need your voice added please.

    CLOSES ON FRIDAY 26th SEPTEMBER.



    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Le_Kirk
    Le_Kirk Posts: 25,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Whatever defence wording you choose, every paragraph requires a number.
  • Sorry this could be me, but two points:
    1 The POC says nothing about breaking a 15 minute  drop off rule, it states "Registered Users Only" in which case this is about trespass as your were not a registered user, so there was no contract in play.
    2 The POC references The Royal Grosvenor Hotel, all your defence is about The Cabot Court Hotel.
    Yes, so slightly confusing but we stayed at the Cabot Court Hotel which has no car park, the check in desk and hotel rooms are on land outside the reception of the Royal Grosvenor. When we arrived at the Cabot court hotel they advised we have 15 mins in which to drop luggage off and vacate from the premises. I will change that part regarding the Cabot court and refer to the area as the Royal Grosvenor.  

    A conversation is only worth the paper it's written on, and unless the signage or any written confirmation advises; "15 mins in which to drop luggage off and vacate from the premises" that's a moot point.

    But look at what The Cabot Hotel's own website actually states:

    There is no parking on site, but there are four car parks located within a few minutes’ walk of us. There is a drop-off point by the hotel entrance for your luggage, and we can give you further directions from here.

    Contact reception for further information before arrival, if needed.

    So it would be quite reasonable to expect a limited time with which to wait outside the entrance in an attended vehicle for the above purpose.



  • Really appreciate everyone’s feedback, thank you! 
  • I'd be interested to know how you got on? 
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