Car park fine for parking in a hotel as a guest even though I entered my car reg at reception

Coupon-mad

Nellymoser said:

If you've moved house ensure CNBC and DCB Legal are notified of your new address.

If you don't, you'll get a CCJ by default because you'll miss the DQ letter in the Spring. DO NOT BURY IT IN THE DEFENCE.

Needs a separate email and a follow up after 2 weeks to the CNBC as they are so useless.

tbaby

Coupon-mad said:

You can put pretty much anything as your paragraph 3 within the Template Defence that you saw as an Announcement thread next to the NEWBIES thread (both pinned at the top of the forum, to be read before posting).

Defend exactly as we advise and the claim will be discontinued before the hearing this year.

Just play the game:

Follow the easy 8 steps covered in the Template Defence sticky thread. No link is needed to that Announcement, or to the NEWBIES FAQS thread - which you must also read post 2 of, especially the red heading IMPORTANT: KNOW WHAT HAPPENS WHEN'. It is very easy to see this off.

See my signature below if you need a reminder how to hop straight to page one. This could not be easier once you bookmark the Template Defence thread to follow the 8 steps.

We don't want to know about DCB Legal's reply to your defence, nor the DQ, nor questions about Mediation (all are covered).

What we do collect are pictures of the Notices of Discontinuance for Umkomaas' thread, so we'll see you again in the Summer/Autumn when you strut proudly back here with your win!

Thank you, just a quick question, is it necessary to include all the paragraphs in my defence. I know the basis of defence is essentially that I was guest at the hotel and can provide proof of this. I believe certain points made in the template do not apply to my case and may contradict it. 

If I am admitting I was guest and provided my car reg - I cannot possible say that I wasn't aware of the sign or that it was poor etc. I mean the hotel did advise of this when booking.

For example in para 6 - ...This PC is a penalty arising as a result of a 'concealed pitfall or trap', poor signs and covert surveillance, thus it is fully distinguished from ParkingEye v Beavis [2015] UKSC67. 

Would you recommend I amend the template to reflect or just leave it as it is - I of course do not want to be dishonest but I honestly cannot remember wat the signs at the car park were like.

kryten3000

Leave it all in - it tells DCB Legal where you got it from and makes it more likely for them to discontinue the claim which is pretty much guaranteed anyway.

Coupon-mad

Being told in advance by the hotel does not mean that once there, you saw prominent signs with £100 'in big', and agreed to pay £100.

It's always partly about the signs. Every case. You didn't see or read them and didn't enter into a contract where you agreed to pay £100.

Your only contract was with the hotel. in fact even more than most victims of these scams, because the hotel advised you when booking. You were not doing it because you read a prominent sign!

But - eek - don't overlook the below advice too. I hope you have Royal Mail post forwarding paid for because this situation is dangerous (re CCJ risk) and you MUST do this in addition to defending:

Coupon-mad said:

Nellymoser said:

If you've moved house ensure CNBC and DCB Legal are notified of your new address.

If you don't, you'll get a CCJ by default because you'll miss the DQ letter in the Spring. DO NOT BURY IT IN THE DEFENCE.

Needs a separate email and a follow up after 2 weeks to the CNBC as they are so useless.

You will also have to check MCOL History weekly, to see when your N180 DQ is posted - in the Spring - and if it doesn't arrive within a week of the history showing it is sent, then get on the phone to the CNBC who won't update your address unless you put a bomb under them.

Ralph-y

" I have contacted the hotel and they said they can't get involved"

while you are following the good advice above , take some time out to leave feedback about the hotel on social media ..... might not help you but will warn others ....

ChirpyChicken

Coupon-mad said:

Nellymoser said:

If you've moved house ensure CNBC and DCB Legal are notified of your new address.

If you don't, you'll get a CCJ by default because you'll miss the DQ letter in the Spring. DO NOT BURY IT IN THE DEFENCE.

Needs a separate email and a follow up after 2 weeks to the CNBC as they are so useless.

No need if logged in to MCOL
Go to registered details
Ensure correct adress is on that part of MCOL
When you log your defence the court will then use that adress. Same as with the DQ

ChirpyChicken

@Coupon-mad editing it here changes the address the courts use

Coupon-mad

Then why the heck has no defendant ever done that and instead loads of people here have walked into CCJs?! Common sense and flipping obvious...

Thanks!

ChirpyChicken

Coupon-mad said:

Then why the heck has no defendant ever done that and instead loads of people here have walked into CCJs?! Common sense and flipping obvious...

Thanks!

It was trial and error 
It works at DQ stage or defence stage. So you use x address at dq stage the system updates to x addrss.  If updated it again to y address at defence stage then it would again update the system
Only gladstones seem to notice the use of a different address to what they hold
 They then contact the defendant to clarify which address to use

tbaby

Thanks everyone for your comments and suggestions.

Brief update got a call from DCB legal today basically advising without prejudice they would like to resolve the matter before court and offered a ‘reduced’ payment of £170, rather than the full fee of around £200 so they basically only took out the court fees. I of course refused this. We got into an argument as the solicitor was not listening to me at all, she kept pressuring me to pay again. 

She basically said I never responded to the appeal and that they also sent a letter of claim which I of course didn’t receive either. I asked if it was sent by recorded delivery and whether they had proof it was received and she said no. So of course she couldn’t say I received it. All the correspondences I received from them I responded to as I got in touch immediately. I again asked if I could provide proof of my stay at the hotel and she said no. She said the ticket was valid and so I have to pay. I just told to leave it to the court to decide. 

What a start to my morning!!

Will provide further updates but thank you all