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    • If he was paying a Solictor by the hour I'm sure he would be more engaging....we offer this service free of charge in our own free time.   He needs to engage and fast.   Defence due Friday 11th Dec by 4.00pm   .
    • Applying for a charging order involves two stages: the interim charging order and the final charging order. Interim charging orders If your creditor decides to apply for a charging order: Your creditor sends a form to the court along with proof from the Land Registry that you own, or jointly own, your house If the court agrees that you own a share of the property and a charging order is allowed under the rules above, you'll be sent an interim charging order on form N86 and a copy of the creditor's form N379. These show the reasons they've applied. This is also sent to your spouse or civil partner, any other joint owners of the property and your mortgage company or other secured lenders A restriction will be placed on the Land Registry, stopping you from selling your house until the final charging order hearing. You will get a form B136 from the Land Registry telling you this has happened. You don't need to reply to this form The interim charging order is issued without a hearing. If you do nothing, a final charging order will be issued 28 days later. If you want to object to the final charging order, you must write to the court and creditor within 21 days of receiving the interim charging order. The court may then arrange a hearing to make a decision. Reasons to object might include: The property doesn’t belong to you, and you are not entitled to a share of any equity in it The CCJ happened before October 2012 and you’ve not missed any instalments set by the court The creditor has not followed the application process correctly, for example they’ve not informed your spouse or civil partner You can also write to ask the court to set conditions on the charging order. One condition that we recommend asking for is an affordable instalment order, if one is not already in place. This is where the court sets a regular payment. If the court agrees to this and you keep up with the payments, the creditor will find it much harder to take further enforcement action through the court. If no instalment order is set there’s a risk the creditor could take further action, for example by instructing enforcement agents (bailiffs) to visit. If your CCJ was date 1 October 2012 or later, an instalment order which is up to date also prevents the creditor applying to force the sale of your home. Final charging orders For the second stage of the charging order process, if you’ve not made any written objections, a court officer or sometimes a District Judge will decide whether to make a final charging order. If you wrote to the court and creditor with objections, or you requested other conditions are applied, the court may arrange a hearing to decide whether to make a final charging order. The hearing will be at your local County Court hearing centre. The hearing will usually be in private chambers with a District Judge and normally a representative from the creditor. The judge will listen to both sides and decide whether to make the final order or not, and what conditions if any are to be applied. Once a final charging order is made, you’ll get a letter from the court confirming this on form N87.   Regards   Andy
    • 100% agree Andy, will try again. TBH, I did expect a little more info from him.
    • Not really ......why .?  But if he can't even remember a small detail such as I've asked like when did he / others start this practice of swiping their own cards then it does not really give me much to work with in any proposed mitigation defence.   Its simple to draft a defence which puts them to strict proof to quantify their losses and prove the amount claimed.   At worse he loses with a much reduced figure...at best he wins because they are unable to prove......but the small details are important and most of all his honesty demonstrated if a mitigated defence is used.   Andy
    • dx100uk,   no he is joint owner.  The interim charge order is already shown on the title register of the property and the other joint owner ( wife ) has been served with the notification papers as per the procedure. 
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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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