Notice of Proposed Allocation to the Small Claims Track

[arunsuri]

Hi Everyone. Please can anyone advise what the best way to deal with this issue:

1. We got the parking ticket for parking in a hotel, for which we had a legit booking.
2. Never replied back to the Parking company as many forums suggested to avoid replying.
3. We then got the county claim and we responded saying that we had the legit booking at hotel and parking was free for hotel customers. We even checked with Hotel and they suggested that this parking company isnt working for them anymore.
4. We have now got this letter saying " The defendant has filed a defence (PS: Copy of the defence not enclosed). It appears that this case is suitable for allocation to small claims track. You must complete the box C1 on the small claims directions questionnaire -Form N180.

Please suggest what we should, shall we go for Mediation or shall we proceed with court proceedings.

[ostell]

So did you send a defence to the court? It will be what you put on the form you returned to the court and no you will not get a copy sent to you.

Press the hotel, hard, and get their contractor at the time to cancel the claim against you, and put you on copy of any correspondence.

You can go for mediation, if that fails then it goes to court any way.

Have you got copies of the paperwork that the parking company sent to you in the first instance?

[arunsuri]

So did you send a defence to the court? It will be what you put on the form you returned to the court and no you will not get a copy sent to you.

Press the hotel, hard, and get their contractor at the time to cancel the claim against you, and put you on copy of any correspondence.

You can go for mediation, if that fails then it goes to court any way.

Have you got copies of the paperwork that the parking company sent to you in the first instance?

Thanks for your reply. Yes we did submitted the defence after speaking to the Hotel that the parking is free if you are a Hotel guest and we got the group booking of the wedding we attended.

Below is what we submitted:
We parked the car in Hotel Ibis Thurrock on 22nd April 2018 around
02:10 AM. The car park was part of the hotel group booking we had
for the wedding. There were around 15-20 rooms booked for one of
our relative bookings and parking was part of it.

On the basis of below reasons we dispute the claim:

1. We have got the hotel booking invoice for the date mentioned to prove that we had a legitimate booking and reason to park.
2. Company website https://www.accorhotels.com/gb/hotel...n-thurrock-m25
/index.shtml clearly states that car park is free for Guests at Hotel.
3. We have again checked with the hotel Ibis that the parking is free for the Guests in the hotel. There was ample of parking
available as it was 02:00 in the morning.
4. We have also confirmed with the Hotel Ibis that this parking company Civil Enforcement LTD is no longer working with the hotel.
5. We have got invoices for the booking, invoice number 233983 and 233814 which can be check against the hotel bookings.
6. We are a family with 2 small kids, there is no reason for us to park illegally, provided we live in London and the only reason
we parked at Hotel Ibis because we had a wedding to attend for which all bookings were made already, and parking was free with
the booking.

I will find the letter and post here. I will speak to the Hotel if they can do this as they told us that this company does not work for them anymore.

Shall I still submit the form or wait for the Hotel to confirm ? The first question is "Do you agree to this case being referred to the Small Claims Mediation Service"/

Thanks

[ostell]

You can go to mediation. You want to pay nothing, they want the full amount. You ma agree, say, £10 for it to go away.

Have you got it in writing from the hotel that guest parking is free? If not try and get that as well as the web page. Keep pressurising the hotel get them to cancel. The fact that the parking company is not working for the hotel anymore is immaterial


Who is the parking company?

[arunsuri]

Thank You. Company is "civil enforcement ltd"
I spoke to the Hotel now, and they said there is a IPAD on the hotel reception where guests feed their car number which obviously we did not do it and landed up here.But regardless we have got the valid invoice from the hotel booking, not sure if we have any chance of winning this.

[charitynjw]

Did you display a permit? (usually have to have it face up in the windscreen,)

[arunsuri]

Did you display a permit? (usually have to have it face up in the windscreen,)

There was no permit or pay machine as the parking is free for hotel customers. The process is:
1. Valid Hotel booking
2. You go to Reception and feed your number plate in IPAD and thats it.

Just to add, i was sitting in the car at all times when it was parked. It was my son's booking to go and meet someone whilst we waited for him.

[charitynjw]

https://www.google.co.uk/maps/@51.47...7i16384!8i8192

[arunsuri]

https://www.google.co.uk/maps/@51.47...7i16384!8i8192

Just checked with the Hotel, There was never a ticket issued to Hotel customers for parking. Unfortunately they cannot do anything now as CE Ltd is not managing their parking anymore and also it has moved to county court they said they cant do much.

One thing he confirmed that there wasnt any confirmation as such to the Hotel customers when they parked.

[charitynjw]

Just checked with the Hotel, There was never a ticket issued to Hotel customers for parking. Unfortunately they cannot do anything now as CE Ltd is not managing their parking anymore and also it has moved to county court they said they cant do much.

One thing he confirmed that there wasnt any confirmation as such to the Hotel customers when they parked.

Imho, CEL are just chancers.
The sign on Google is, imho, what is known as 'forbidding'.
If so, no contract can be formed on the sign terms, & any term which bangs on about 'breach of contract' is just a penalty clause 'dressed up' to look like a breach to the unsuspecting driver.
& only the landowner or authorised agent can sue for trespass.

[arunsuri]

Imho, CEL are just chancers.
The sign on Google is, imho, what is known as 'forbidding'.
If so, no contract can be formed on the sign terms, & any term which bangs on about 'breach of contract' is just a penalty clause 'dressed up' to look like a breach to the unsuspecting driver.
& only the landowner or authorised agent can sue for trespass.

Thank you. Shall we go for mediation and tell them there is no legal contract based on the sign board at the parking ? or are we better off going to court and say the same. And shall you suggest we go court, are there any terminologies that we need to use to say what you said above.

[charitynjw]

Thank you. Shall we go for mediation
Unlikely to be suitable, but the courts do like at least an attempt at out-of-court negotiation. Hey ho, it's FOC.
and tell them there is no legal contract based on the sign board at the parking ? or are we better off going to court and say the same. And shall you suggest we go court, are there any terminologies that we need to use to say what you said above.
Yep!

We'll probably need to know a bit more info, evidence etc.

I'll have a read back.

[charitynjw]

Just a quick thought.

Any chance the friendly hotel staff could take pics of the current site signage & send them to you for posting on this thread?

[arunsuri]

Just a quick thought.

Any chance the friendly hotel staff could take pics of the current site signage & send them to you for posting on this thread?

Just called the Hotel and they confirmed that the CE ltd took the boards with them when the contract ended. the new boards have been installed by the new company now. Dont think that will help ? Not sure if the boards/warnings are same across the CE enforcement parking customers and I could look where they are operating and click the picture or perhaps search forums to see if anyone else has posted the picture.