Would you take this to Court????

[Ripped-Off]

Hi,

Can anyone offer an opinion please on the following facts??

1. The web site of a hotel chain stated free parking in their own car park and other inducements in return for a nightly room rate.
2. Three separate hotel rooms were booked and paid for in advance and 'check in' was done on line in advance of the stay. No questions were asked about car registrations at the pre 'check in'.
3. There were three guests, each in separate rooms. The only difference: two had a company vehicles and the other had a privately owned vehicle.
4. On arrival, it was still light but the guests did not pay much attention to the parking notices around the site. The guests assumed the pre-check in had taken care of this detail especially as the rooms had been paid for in advance. It was not unreasonable to think car parking had been arranged by the hotel, especially as the receptionist did not ask about cars on actual check in, nor did she point out the terminal in the corner where the guests were supposed to enter the registration details.
5. After checking out the day after, two of three guests would be surprised by what happened next.
6. PCN1 arrived a short time later. PCN2 arrived six weeks later, but the time allowed for a discounted fee had already expired.
7. PCN1 addressee (the company car keeper) instantly called the hotel who said they would contact the parking company. PCN1 was cancelled a few days later.
8. PCN2 addressee laughed at PCN1s predicament and rejoiced at the cancellation (as you would) only to be taken by total surprise when they received their PCN a few weeks later.
9. PCN2 called the hotel thinking that they too would get their PCN rescinded. No joy. 'There's nothing we can do" they said.
10. PCN2 made an appeal to the parking company who flat out refused to budge.
11. There was no PCN3. The driver never received one!

PCN2 is disappointed and feels so strongly that they intend to refer the matter to POPLA, noting the inconsistences. Failing this they are prepared to file a defence in the County Court and that is where I would like your opinion.

• In the absence of any pre-advised conditional parking restrictions and the fact that the rooms were paid for in advance with no refund for cancellation, could the Olley v Marlborough Court Hotel doctrine be used as a defence against not entering the registration details?
• DId the hotel have a contractual implied obligation to provide free parking (the condition of registration being irrelevant) because it was advertised as such on the website?
• If their was no such implied obligation, has there been a misrepresentation in that registration of the vehicle was not communicated beforehand?
• If the PCN notice is paid and the hotel refuse to get involved, is there a Part 20 opportunity to recover the sum from the hotel under the Civil Liability Contributions Act?

[Spocker]

Just come across your post and wondering what route this has gone done as I am in a similar situation?

[Ripped-Off]

Hi Spocker.

It would have been difficult to prove so a call to the hotel manager advising him that the company has spent a considerable amount of money and planned to continue to do so in the future did the trick. For the sake of a few quid the manager realised that there was a bigger fish in the company's continued business. He stepped in got the ticket cancelled. We have never been back to the hotel but is more to do with the price increase than the ticket!