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Booked a hotel with free parking - sent fine in post by parking company
StuartieG
post Mon, 13 Aug 2018 - 20:44
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Hi,

Wonder if anyone can advise?

Basically booked a hotel near Plymouth recently, it came with free parking. When we turned up we had parked on the street but the receptionist / barmaid directed us to the car park at the rear of the hotel / pub. She said the system was down but needed a note of my regi so as not to get a ticket. Left the car there (normal pub car park with no barriers or anything like that). Got back to Scotland and had a parking ticket (PCN from Civil Enforcement Limited) in the post (number plate recognition with photos of vehicle). Offence was dated 2/8/18. £60 if paid within 14 days otherwise £100.

Have obviously tried contacting the hotel but no response (from reading reviews on TripAdvisor since they seem fairly disorganised, so it doesn't surprise me!).
Tried messaging Expedia too as we booked through them and I feel as they sold us the hotel they are at some level partially responsible for sorting this mess out (though I won't hold my breath!).

I've always heard that parking companies aren't interested in excuses - it's all very well me saying we stayed at the hotel but without the hotel telling them that I understand the parking company will not be receptive to me? Also says any appeals must be in writing.

What are my options? I don't want to pay the fine but certainly don't want a drive down to Cornwall to contest a £100 fine in court! Any advice appreciated!

Thanks,
Stuart
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post Mon, 13 Aug 2018 - 20:44
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doreen4161
post Mon, 13 Aug 2018 - 21:02
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It would be held at a court near your home town.

I not sure , but I don't think the same laws apply in Scotland regarding court.


Someone with more knowledge will be on who knows what the score is.
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kommando
post Mon, 13 Aug 2018 - 21:11
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There is no concept of keeper liability in Scotland unlike England and Wales, so as they do not know the identity of the driver any action in Scotland will fail. If they try to raise a claim in the English court system it will be thrown out as out of jurisdiction.
So the advice for Scotland is to ignore, engaging with them risks outing the drivers identity so best to not bother.
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cabbyman
post Tue, 14 Aug 2018 - 17:10
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EDIT your post to avoid any mention of the driver WHATSOEVER. This is CRUCIAL.

As you are in Scotland, go into ignore mode.


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Cabbyman 11 PPCs 0
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Barkley
post Fri, 21 Sep 2018 - 07:39
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Do not ignore any Court Papers. Whilst you are out of the courts jurisdiction, there are many cases where issuing staff do not realise Scotland isn’t party to their scheme and will let paperwork through. You then get a default (and CCJ) and if the pursuer knows the system, will use the judgement to instruct Sheriff Officers to collect. This part of the process is allowed, so watch out for it. It is easier to get the action discontinued by the court before the case calls, than try to resolve matters later.


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- Barkley

1 - 0 Glasgow City Council

1 - 0 East Dunbartonshire Council
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Umkomaas
post Fri, 21 Sep 2018 - 09:12
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CEL pursue via Money Claim OnLine (MCOL) which has application only to England and Wales. The CCBC will reject any address falling outside.

QUOTE
c) Providing a valid address for each Defendant
You need to provide a full address within England and Wales for each defendant, including the post code. This is known as their service address. MCOL does not have jurisdiction outside England and Wales, claims issued to addresses outside England and Wales will be invalid.
• if the defendant is an individual the claim must be served to their usual or last known residential address
• if the defendant is an individual using a trading alias then the claim may be served to their usual or last known residential address or their place of business
• if the defendant is an organisation then the claim may be served to their registered office or to the address where you have been dealing with them

The only time CEL have ever been involved in a case in the Scottish courts was when they were standing in the dock!
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peterguk
post Fri, 21 Sep 2018 - 09:29
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Umkomaas. Just tried sending you a PM, but got message saying you don't accept messages????


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Umkomaas
post Fri, 21 Sep 2018 - 09:39
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QUOTE (peterguk @ Fri, 21 Sep 2018 - 10:29) *
Umkomaas. Just tried sending you a PM, but got message saying you don't accept messages????

Too many unsolicited newbie PMs asking/demanding personal off-forum involvement in dealing with their PCNs. Never sure who people are on a public forum.

I've unblocked it temporarily so feel free to PM now.
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peterguk
post Fri, 21 Sep 2018 - 09:50
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QUOTE (Umkomaas @ Fri, 21 Sep 2018 - 10:39) *
QUOTE (peterguk @ Fri, 21 Sep 2018 - 10:29) *
Umkomaas. Just tried sending you a PM, but got message saying you don't accept messages????

Too many unsolicited newbie PMs asking/demanding personal off-forum involvement in dealing with their PCNs. Never sure who people are on a public forum.

I've unblocked it temporarily so feel free to PM now.

Sent. Thanks.


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