Private Parking Company taking me to court

[gwenlillian]

I was issued a parking ticket when attending an interview at a hotel booked by the employer - when working for them I heard from other staff that they had also been given parking tickets but had them withdrawn once they told them they were there for business/legitimate reasons. I have also sent all my evidence of same to the parking company involved but ther are storming ahead with threats etc and the latest is a letter from them stating that they will instruct third party collection agents, seek a third party debt order to stop me taking money out of my own bank account, et al. I am finding this really irritating now as I have written to the Hotel Head Office also about the behaviour of their parking team and they dont even have a photo of my car parked, just entering and leaving. Besides the point really as I was there at the invitation of Royal Mail and I have telephoned the Hotel, written to them and all to no avail. They now want £140 within 7 days, was 14 day sbut their letter seems to have taken 8 days to reach me? I wish I could put a stop to this nonsense.

[ostell]

So what did the notices say in the car park? What was the response from the hotel? Post up a copy of the Notice to Keeper you receive with identifying details redacted. Dates are important, they have to get the notice to you within 14 days.

[charitynjw]

Hi Gwenlillian.

The bluster & bluff re 3rd party debt collectors is exactly that....a load of hot air.
They can do nothing other than send 'threatograms'...they (dca's) have no legal standing to enforce this,

Did you ID who was driving (at the relevant time) in your communications with the parking co?
& do you live in England/Wales?

[gwenlillian]

Thank you for replying - the only notice I saw was a sign saying that the car park was for the hotel only as I drove in. After parking in an area that they say is not covered by their cctv, I asked the reception staff which room Royal Mail were in and went upstairs to the conference rooms that they were using where many other people were also attending. When I first received the ticket in the post I asked other staff and they told me that some had been asked to sign at reception and note down their reasons for being there etc but they didnt ask me. Apparently there was a sign in reception but I didnt see it and I think it is irrelevant having spoken to reception without being stopped about anything else, and is probably on their internal cctv if I had to push for that as evidence. It just doesnt make sense to me that some attendees have had their tickets withdrawn under the same circumstances as mine and yet they are making life hell for me and I am begining to feel like a victim and very harrassed. Maybe they should pay me for all this trouble as they are not doing my mental health any good! I also contacted their head office for the Accor Hotel Group and they ignored me.

[jaguarsuk]

The car park and it's enforcement are probably contracted out and so Accor will probably just ignore you.

Something that might get their attention is a bad trip adviser review, some in the leisure industry watch TA like hawks to keep their ratings high.

Sounds like you have identified yourself as the driver in your letters, stating you were there for an interview to answer charitynjw 's question.

Seems a little strange that you have shown you were there for an interview with the hotel's guest and they are still pursuing it. Which company is it pusuing you?

[gwenlillian]

Civil Enforcement Ltd, who I looked up and were formally called Swift I think. I didnt see any reason to hide that I was there as it was so obvious to anyone that I had legitiamate reasons for being there in their hotel and hotel car park! Royal Mail paid them to use their facilities to register their staff and this is how they treat them. Maybe they dont want that business anymore as they certainly dont deserve it.

[charitynjw]

There is a big difference between 'being there' & admitting to being the actual driver.

It is worth bearing in mind.
If CEL have to chase you as being the vehicle keeper rather than the driver, you can explore possible defences concerning the Protection of Freedoms Act 2012 which might not be available if they know who was actually driving.

[jaguarsuk]

Hi, I completely get why you identified yourself as the driver and any other reasonable person would. The reason we here ask is because we know the benefits of not identifying yourself, so if you ever have anything like this again now you know not to as it opens up more avenues should this get to court.

What date was the interview and what date did they get the PCN to you?

[gwenlillian]

hi - I got the PCN around the 12th November and the 'incident' was on 17th October. They rejected my 'appeal' on 28th November and I am still wondering why they are chasing me above everyone else who was at the Royal Mail event and parked. This seems crazy and pedantic and I will have to put this to the court I suppose.

[jaguarsuk]

So what did the notices say in the car park? What was the response from the hotel? Post up a copy of the Notice to Keeper you receive with identifying details redacted. Dates are important, they have to get the notice to you within 14 days.

Well gwenlillian then you should take notice of what ostell said above as the first reply to you. Hopefully, he/she will pop back with how you should proceed next.

[charitynjw]

hi - I got the PCN around the 12th November and the 'incident' was on 17th October. They rejected my 'appeal' on 28th November and I am still wondering why they are chasing me above everyone else who was at the Royal Mail event and parked. This seems crazy and pedantic and I will have to put this to the court I suppose.

If this is the case & you were captured by ANPR (ie, no windscreen PCN issued), this would render the Notice to Keeper out of time for keeper liability.
But only if they are chasing the keeper via the PoFA provisions.
It is for this kind of reason that the issue of driver ID is so important.

[gwenlillian]

hi - I feel that I can show discriminaton too regarding the singular action towards me alone and I have checked the parking signs again which state that parking is FREE - this is even on show in their own website. I am going to fight this even in court if necessary and thank you all for your advice and support and will let you know what happens next.

[ostell]

OK so why don't you do as asked and post up a copy of the Notice to keeper you received and the letter of appeal you sent to them, redacting identifying details. Leave dates.

It's no good ranting that it's unfair as no one else got them. Pull up the info that says parking is free, that would be part of your defence as you would not be looking for signs saying it is not.

Debt collectors are there to be ignored. They can't tke you to court and if it did go to court then they would not get paid.

Give us a Google Street view link for the hotel.

[gwenlillian]

Excuse me? who's ranting? What else can be gleaned from posting up letters etc that I might be using in court and should remain private anyway, unless you feel, Ostell, that I am lying and no PCN exists. I feel I have posted the dates, the timings, the circumstances and no, it is incorrect in your response to state that I think or know that no-one else got them, because they did, but they were withdrawn when they were contacted. I have my co-attendees copy paperwork also. Big difference then in that approach in stark comparison to what I am experiencing. Issued in error to one party and then withdrawn, ditto but not withdrawn, thus, I may ask the enforcement company to qualify that behaviour in court. I am not looking to hide that I was there, or that I was driving, I have/had a legitimate and evidenced reason for being on site. It is up the Hotel Group to decide if they want this publicity and if they will be advising Royal Mail also that they can hire their premises on condition that attendees to their events pay to park, with former notice of same.

[ostell]

OK Forget it, I'm out of this.