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Cardiff Devil

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Everything posted by Cardiff Devil

  1. I'm sure this has been mentioned above but could you not simply ask a friend/relative/neighbour to pack the broken TV back into the original box for Amazon to collect? That seems like the simplest way to resolve this issue without escalating it any further than it needs to be.
  2. I'll hold off naming and shaming the hotel for the moment as the night duty manager we spoke to initially said that it wasn't our responsibility since we couldn't possibly be expected to regulate for what guests got up to in their own rooms. They're all adults at the end of the day and should be expected to know how to behave and conduct themselves properly. It was only a few days later when a different manager called us back that all this has started off. I'm happy to speak to them to try and work the matter out. However I just wanted to check that there wasn't some kind of automatic right for them to bill our debit card for any damages caused by someone else.
  3. Hi Silverfox, The function room was booked in our name, as was our own hotel room, however the guests all booked rooms in their own names. The damage was caused in and around one of the guest rooms. Aretnap: I've had a look on their website but there's no T&C's. I'll have to have a look at the paperwork at home to see if there's anything on there.
  4. Hi all. Taken a break from the motoring forum to try and sort this one out; My wife graduated uni a few months ago, and to celebrate we organised a graduation ball at a nearby hotel last Friday. It was a big affair, 3 course meal, live band, DJ and disco etc. Around 150 attendees, mostly graduates with quite a few "plus ones" attending. Towards the end of the night the duty manager pulled us to one side to ask us to wind the party up a little earlier than planned since there had been some trouble upstairs in one of the corridors, and complaints had been made. When we looked into it further, it seems that two of the female students had had a bit too much to drink and gotten into a bit of a slapping match, then their respective partners had also gotten involved and it had escalated from there. A few hundred pounds worth of damage to their rooms and the surrounding corridor. We apologised to the manager and asked them to charge any damage back to the people involved. The ones involved were asked to leave, police were called to maintain the peace but no arrests were made. Fast forward a few days, we had a call back from the hotel manager. One of the parties involved in the scuffle had their card declined. Because of this they're now chasing us for payment. On top of this, they say they had to get in a specialist cleaning company to clean blood out of the carpet which they're also asking to be reimbursed for. Our argument is that we only organised and hired the function room for the event, surely what people get up to after the event in their own room is not our responsibility? We've provided full name and address details to the hotel for the parties involved but do they have any kind of implied right to chase us as the party coordinator for any damage caused? I figure they'd have to go down the small claims court route to claim for any damages but the thing that has me worried is that our debit card is on file at the hotel (we also stayed there overnight) and that they may try to charge our card directly. Any advice? Thanks CD
  5. Tell your grandfather to simply ignore it. It's Scotland so they have no right to chase the registered keeper of the vehicle for anything. He might get some letters but that'll be it. ECP won't do court.
  6. Might be a bit late but as this is a PaymyPCN ticket, you can appeal online. I had one of these a few weeks ago. Use the appeal template as posted above but submit it via the website rather than by post.
  7. Not really, just send it to the store manager as requested and make sure you get confirmation of the cancellation in writing.
  8. NGPM seem to hold dominion over a couple of retail parks in the Cardiff area. Not seen them anywhere else so fairly sure they're a small regional operation. They're fairly toothless though, I haven't seen any record of them taking anyone to court ever. Fact is, you have a space which you pay for, this will all be laid out in a contract between yourself and your building's managing agent. This contract will overrule any kind of claim for punitive losses that they may try and spin. You say you've received the "Notice to Keeper" (NTK) through the post? Do you know if this was issued by an attendant in the car park or by some kind of ANPR system? Since ANPR normally just monitors the entrance and exit of a car park and books people if they stay too long, I'd guess at the former. With that in mind, what date was the parking "incident", and what date did you receive the NTK? NGPM are BPA members so this will be easy to beat at POPLA. You will need to file an initial appeal with NGPM but first we'll need to know the times above in case they've tripped themselves up at the first hurdle and sent the NTK too early/late.
  9. FYI this is now confirmed as cancelled. Had written confirmation of the cancellation through the post on Saturday. Another good result. Cheers all.
  10. A counter claim for what? You've ignored them up until now, so it hasn't actually cost you anything yet. You defend the claim in full, and when you win, you can claim for your costs of attending court. It's capped, so unless you're Richard Branson you should be able to recover a full day's lost wages for attending court, plus a few quid for travel expenses, parking etc.
  11. With Parking Lie there's a strong chance they'll file a court claim but there's an equally strong chance that if met with a solid defence they'll discontinue the claim without telling you and scuttle off with their tails between their legs.
  12. My money is on "PPC employee who knows that they may well be out of a job in a few weeks".
  13. This unfortunately is the risk you take if you don't report an incident immediately. The other party may say "No harm no foul, don't worry about it" but the minute you drive away, there's nothing to stop them making a claim. Unfortunately by that point you will have lost the chance to back yourself up by taking photos as evidence, speaking to witnesses etc. If this person has made a claim against your insurance some time after the event, at the very least your insurer should have contacted you to inform you of the claim against you and to get your version of events. Did they explain why they did not do this? I can understand why you wouldn't want to get your insurers involved after a minor bump but the problem here is proof. Even if he admitted liability at the time, good luck convincing your insurer of this after 2 years. He could simply deny it and it'd be your word against his. Something similar happened to me a few years ago. Minor bump in slow traffic, no damage to either vehicle. Other driver (who was alone in his car) said "don't worry, it's fine". 2 weeks later I had a claim form land on my doormat with him claiming whiplash for himself and a fictional passenger, with said fictional passenger also acting as a witness. Nothing I could do about it, it was my word against "two" of theirs. No police were called at the time and no independent witness details were available. My insurers weren't interested in fighting it as it was simply cheaper to pay out two whiplash claims than to challenge it. This is just one of many issues with the system as it exists today. Unfortunately insurers can and will increase your premium, even after a non fault accident. Their reasoning for this is that apparently if you have a non fault accident, you are more likely in future to be at fault in an accident. This is of course total BS as there's not a single scrap of independent evidence to support this, but this is par for the course with insurers. However, if they've paid out to the other party then they will have deducted your no claims bonus as well, since it's classed as a fault claim. If they haven't paid out well they should in theory reinstate your no claims bonus, and in theory reimburse your increase in premiums based on the reduction of no claims, but not for the increase in premium having declared an incident. As insurance companies are regulated by the Financial Conduct Authority (FCA) there are strict rules on how they handle customer complaints. It'd be worth making an official complaint if you haven't done so already as it sounds like they're stringing you along. Once you've made a complaint to the insurer, if they're still fobbing you off you have the right to complaint to the Financial Ombudsman Service (FOS). Financial firms hate complaints to FOS since they have to pay FOS for every complaint received, regardless of the final ruling. A threat of a FOS complaint might put the frighteners up them to get them to sort themselves out. However you are expected to have exhausted the company's internal complaints procedures first before approaching the FOS. Good luck.
  14. OK so you may have inadvertently identified yourself as the driver in your initial appeal before you came on here for advice. It's not the end of the world though. Any debt collectors that may contact you have absolutely no special powers whatsoever, no matter how official and scary looking their correspondence may be. They'd have to take you to court first, and with C2C not being a member of any kind of trade body, this is extremely unlikely. From here on, either ignore anything sent to you from C2C's pet debt collectors, or reply with a simple one-liner saying "The debt is denied, please refer this matter back to your client and do not contact me again." The only thing now that you need to be concerned about is anything headed "Letter before Action" or similar. If you get anything like that, come back here for further advice.
  15. PE v Beavis I believe hasn't been ruled on yet, so that won't be relevant. PE v Somerfield isn't anything related to parking itself, it's when PE sued Somerfield for terminating their contract I believe. I'm sure any sensible County Court Judge will take one look at that pile and drop it straight into the bin. Have PE actually provided any proof that you were ever there at all? No judge in his right mind would rule that someone can't drive onto the site of a hotel to pick up and drop off passengers without having to buy a parking ticket? What about taxi drivers? I'm sure they don't get booked for £100 a time... Don't be tempted to cave in and pay up now. This is how their scheme works, they're bombarding you with irrelevant legal paperwork trying to frighten you into paying up and it's having the desired effect since it's gotten you wavering. You have a cast iron defence in the form of the witness statement that categorically states that you weren't there all day. That alone will sink any claim they might have. Stay strong.
  16. Yes, exactly that. POPLA only adjudicate on appeals concerning parking companies who are members of the BPA. Since C2C are members of IPC, the other "boys club", they have IAS in place of POPLA. One of the provisions of the Protection of Freedoms act was that PPCs needed to be members of an accredited trade body and have an independent appeals process in place.
  17. IAS are not independent, regardless of what they may claim. They're run by representatives of the IPC, so there's a massive conflict of interest there. Unlike POPLA who are mostly independent, it's not in IAS's interests to allow appeals as it's putting a massive dent in their revenue stream. After IAS have thrown an appeal out they most likely won't reconsider, as it's not in their best interests to do so. You can pretty much safely ignore them after this point, as you've done all you can be reasonably expected to do. It's extremely unlikely they'll take you to court.
  18. Hi there Was this PCN issued by a local authority / council or by a private company? Cheers CD
  19. Oh I will, don't worry about that I really only posted this thread for information sharing purposes. There's tons of info on here and other websites regarding BPA and POPLA (template appeals, copies of adjudicator rulings etc) but comparatively little information about how to deal with IPC and the IAS, so it's my plan to try and get some insight into how they operate. Watch this space, I'll update further when the NTK arrives.
  20. It is for them to prove that you DID break the terms and conditions rather than for you to prove that you didn't. It's Scotland so no POFA, so unless you have identified the driver in your appeal I'd send them a cease and desist letter, and threaten them with a complaint for harassment if they continue to pursue you.
  21. That would be my plan of attack normally, however I've heard that IAS don't allow appeals based on GPEOL, since as far as they're concerned, their poorly disguised penalty charges are justified. Hence my desire to have a backup argument prepared.
  22. So on Friday night I picked up another PCN from UKCPS. I parked in a disabled bay as one of my passengers is disabled and holds a valid badge, so you can imagine my confusion when we returned to the car a few hours later to find an NTD on the windscreen. As it transpires, the badge must have slid off the dasboard when I closed the car door as I found it face up on the passenger seat, but still clearly visible if anyone had taken the time to check. I'm aware that since the last time I challenged and beat UKCPS, they've jumped ship from the BPA to the IPC (probably fed up of being thumped six ways from Sunday by POPLA and losing money hand over fist) so I'm curious to see how this one plays out with IPC and IAS (if it gets that far). I know that disabled bays are legally nothing more than nicely painted bits of tarmac but am I right in thinking that the Disability Equality act will blow any claim for damages cleanly out of the water? Cheers CD
  23. Correct. In England & Wales they now have a somewhat tenuous right to pursue the registered keeper if they decide to keep schtum about the identity of the driver, but the relevant piece of legislation doesn't apply North of the border. Doesn't stop the parking companies from trying it on though.
  24. As this is in Scotland, there is no Protection of Freedoms Act (PoFA), therefore the parking company has no right to pursue the registered keeper. In other words, don't write to them, don't phone them, just ignore them.
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