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    • I am hoping for some help. I noticed some readers state they have successfully challenged leaseholder charges. I am now being charged in excess of £2000 leasholder service charges on a garage in Kent. It is a simple garage. As it is a  non-residential the normal tribunal routes to appeal  the garage charges are unavailable. I requested an explanation of the charges. All the service company have provided is a list of charges nothing to say how these charges relate to my garage which has never been visited or maintained. I am charged management fees, account preparation fees, audit fees. The leaseholder forwarded my account to SLC solicitors three years ago. Three years ago I sent SLC a cheque to avoid legal action. SLC did not bank the cheque as they agreed that the charges are unreasonable. However the management company continued to issue charges on the garage. SLC have issued legal action again. I would love to hear from readers who have successfully challenged unreasonable leasehold service charges.
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    • Hi This is the email i sent in December.     Hi  I do apologise but I must say going by your list of varying case studies upon your website i think you are wrong. There are various examples there of let us say loans that have have recently completed, whereby resolutions have been found, they were not deemed out of time just because the policy was entered into at the start of the loan, some +10yrs earlier. What concerned me more was the DMP and thus the CMP & CML membership were only recently concluded.. The comment you have made that PayPlan sold me the two plans I've complained about in October 2007 is somewhat mute as policies were still live within the last 6yrs with regard to payments toward them , even within the last 3yrs , if fact. I would also like to mention. "letters in 2015 from Payplan should have alerted me there was an issue," is again pretty mute as I was not aware then I could complain of mis-selling, there is no evidence I can find before 2017 anywhere that CMP & CML were even reclaimable.! I would also like to point out there is a diff between CMP & CML, they state they are both membership schemes, they are NOT. I also believe the above further answers his exceptional circumstance question...there are none as I believe I don't need any as I am NOT out of time! For the reasons above I don't agree with your decision and would like to have this looked at by an ombudsman as stated in your previous email. Kind Regards.     I will post the attachment shortly.   
    • Ah I see, I did kind of give them a notice to pay up in 7 days before taking things further but they refused and instead asked for the next instalments through a solicitor letter. I was thinking whether it would be better and more cost saving if I instead take this to a small claims court as oppose to the big courts, I know that is what you suggested at the begining. I was just not sure if I had a case since I unfortunately signed the new variation agreement.   
    • Yes, I expect that the mutual agreement was based on "we'll give you this amount of money but part of the deal is that you agree not to talk about what happened during this mediation". I suppose that either party can insert any demands they want in the mediation process and it's up to the other party to accept it or to walk away and then to go on to court
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Travel lodge bristol central Soft top damage in scure carpark


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Hi

 

Hope this thread is in right place, first off I have been fighting this for months now.

 

My MGF had the softop damaged by some individual in the car park , that is the carpark owned and run by the bristol central travel lodge, the staff were very un helpful and now the travel lodge just ignore my emails.

 

Damage was totalled at £800 for a new softop, the CCTV footage was well below par according to the police and they told me that it was awefull this has not been an isolated case, in the car park, I need some advice as what to do next. They have admitted that security has not been adequate int he carpark and are now reviewing it. has this been an admission of neglegting security on site.

 

How can I now proceed to claim the costs from them

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I imagine that there are signs displayed saying vehicles are parked at the owner's risk - is this the case? I don't think they have any responsibility, regardless of the lack of CCTV footage.

 

What damage has been caused exactly? £800 for repairs sounds excessive unless the whole thing needs replacing - I got mine repaired for less than a tenth of that.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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They ripped the soft top at the back and all the stitching so yes the damage was excessive. Regardless of signage, they have proved negligent in the security for the fact that it has been a regular occurance. Travel Lodge have admitted that the security has been less than adequate and the staff already knew this was going on for some time. The fact they also charge for the carpark as well. To the fact this happened at about 7-8 in the evening less than 2 hours after parking the car. And please tell me where did you get it recovered for £80 just not possible

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I believe the sign saying 'parked at owners risk' is meaningless. do not be put off by that.

its on a par with the classic 'no refunds' sign you see in shops...

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I believe the sign saying 'parked at owners risk' is meaningless. do not be put off by that.

its on a par with the classic 'no refunds' sign you see in shops...

 

Ive heard that a few times aswell Lamma

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A parking at your own risk sign is unlawful - just like the 'no refunds' one is in shops - in the case of parking it is an attempt by the landwoner to limit their negligence including death and personal injury, this is not allowed.

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every case turns on its own issues and facts, we don't know all the facts around your case so how can anyone find relevant cases for you.

you DO know all the facts though, exact wording (signs/ticket), charges, any conversations...

 

do they offer 'secure' car parking explicitly ? any exemptions, conditions etc. you get the idea.

 

gather all your info is best.

plenty of compo lawyers around that will chat about it and probably take it on if you have a good case. but get all the facts ready first.

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If you can prove it's a regular occurrence & therefore foreseeable that your vehicle would be damaged then unless they warned you of this risk(irrespective of any signs) then it could be held that they are liable.

 

A failure to warn you could be considered as being negligence & all the disclaimers in the world won't exonerate negligence by the company

 

Most such signs are unlawful........... unless they specify that they only accept liability if it's the result of their negligence

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Has there been any case files like this, that have been successful, I just want to take this further than I already have.

 

Whilst remembering that county court decisions do not set precedence...

 

I know of a case 30 or so years ago where a pub had a notice stating that cars were parked at the owners risk.

 

A car was vandalised and it was held by the judge that 'owner' could equally well apply to the owner of the car park.

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Hi all this is the repsonse from the travel lodge.

 

Dear Mr Quinn,

I reiterate the information I gave you in my first e mail. I am satisfied that the signage is correctly displayed and adequate for the car park at Bristol Central. There is no obligation on Travelodge to provide any security function whatsoever. However where there are issues we install the appropriate security systems. Bristol central has been equipped with a CCTV system, and barriers at the entrance and exit. When you enter our car park the signage is very clear. No liability will be accepted for any loss or damage however caused. I am sure that you understand the reasons for such clauses, which are common to all car parks in the U.K. You are paying for the right to park a vehicle on a particular piece of private land for a specified time. You are not paying to have your protected for the duration of the visit. I am satisfied that Travelodge will successfully defend any civil court action you may decide to take. I do urge you to seek specialist legal advice however before embarking on a course of events which could result in you incurring further costs. I have had no contact from the police, but if you provide the officers details I will contact him regarding the CCTV data provided.

Peter Gurney

Head of Security

 

office +44 (0)1844 xxx xxx . +44 (0) 77401

mobile +44(0) 7776164494

before you go anywhere, go to travelodge.co.uk

So there you have it, but what it fails to mention is that the car park had already had a spate of break ins prior to me arrival, and I was not notified by staff, surely they have an obligation to inform customers of this as a precautionary measurement, which they did not of course.

Regardless os signage they knew about the problem of break inns in the car park but did not warn me /or other customers of this when checking in.

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yep he has admitted known problems and his reference to the signs "No liability will be accepted for any loss or damage however caused." completely skips over the validity or otherwise of such signs. In his efforts to spin out of it he seems to have given you what you need.

 

To re-use Pats reference from earlier YOU are not accepting the liability are you ? ? :)

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1st their 'however caused' is wrong as for negligence by either their staff or the company they ARE liable

 

2nd The fact that there was a known (foreseeable) risk they should have warned you then you could have made an informed decision as whether to use the C/P or not

 

Also I should report their signage to TS

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Forgot to mention he may claim they are common signs (which they are) but that still doesn't make them valid

 

When you enter a supermarket C/P many display the same sign but some don't. They whilst disclaiming any other damage they admit if it's their fault they are liable

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Yes. Mr Gurney has very kindly opened to door for you. Go after them.

 

you got pictures of the car park, signs etc I take it ?

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"However where there are issues we install the appropriate security systems. Bristol central has been equipped with a CCTV system, and barriers at the entrance and exit".

Oh dear what a jerk Methinks it's he who should seek legal advice before he utters another word

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lamma He doesn't need pictures. Mr Gurney has kindly admitted what the signage states namely "No liability will be accepted for any loss or damage however caused."

 

The most important fact is the admission that they install security devices where there's a KNOWN problem which must be why they have here:D

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1st their 'however caused' is wrong as for negligence by either their staff or the company they ARE liable

 

2nd The fact that there was a known (foreseeable) risk they should have warned you then you could have made an informed decision as whether to use the C/P or not

 

Also I should report their signage to TS

 

Hi Crisjon and every one else keep the advice coming, painting a great picture for me can you explain the last term "report signage to TS" what is this TS if you dont mind me asking, I seem to be having a gereatric moment.

 

Thansk for all the advice everyone.

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Oh berfore I forget, a resounding no, I have not and will not accept liability, I am holding them liable for damage caused and will not claim from my insurance company, I thought and correct me if I am wrong or have been miss informed, but if you operate a priate car park as in this case, i presume you must have some form of liability insurance???? can you help me on this one.

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What is the exact wording of the notice - in its entirety please?

 

All the notices in the world can not disclaim negligence anyway; they have been negligent in not informing you of the prior spate of vandalism (unless they genuinely believed that it would not be repeated)

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I am holding them liable for damage caused and will not claim from my insurance company,

 

But you must inform them.

 

I thought and correct me if I am wrong or have been miss informed, but if you operate a priate car park as in this case, i presume you must have some form of liability insurance???? can you help me on this one.

 

 

If the public have access to the car park, there should be public liability insurance. However, I would assume that a group like Travelodge will have a single corporate blanket policy covering all properties and the excess will be way above your £800 - which would come straight from the operating profit of the particular hotel.

 

What you have received so far is a standard 'fob off' letter. They will take you more seriously when they get court papers following your LBA.

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