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    • so wont this thus be a totally useless restriction k andy?  
    • so you have 34 pdfs what is the size of a typical file in MB's or KB's.  
    • 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.
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Travel lodge bristol central Soft top damage in scure carpark


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Thanks Joncris, you help is fantastic will get the ball rolling, with def keep you informed of this one, but if ny knows of specific case files similar to my own please let me know.

 

Again appreciate all the advice and help

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It's a Common Law requirement that we do not put each other's property or life & limb at risk & if we do, even by omission, then we fail in our 'Duty of Care' & are therefore deemed liable

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I would issue them a letter before action, summarising your position, enclosing a copy of the invoice for the roof works and concluding by stating if you do not receive the sum in the next 14 days you will commence legal proceedings to recover the debt.

 

Those car park disclaimers are unlawful. You cannot lawfully provide a service and then exclude any liability for the same.

 

Then if you are no further forward in 14 days then file your claim at court.

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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 totravelodge.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.

 

Well an update have had a chat with Norman Clark, there could be a case of negligence on Travel lodge even thought they put cctv in and barriers ( exit one was a roller door ) the front one a barrier so any can walk in off the streets, also they should have informed me of the spate of break inns which they did not, now this can be deemed as negligence on there side as measures although were put in place were inadequate to stop it from happening and the fact they knew it has been a problem, they again should have informed me and/or put signs up stating the fact there has been a problem with the car park.

 

So what to do next do i go the whole hog, i will write the letters and send quote from garage to them for a response ( all recorded delivery ) then would I go to the solicitors or do i go the way of a small claims court which is going to cost me alot more than i think it might

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See my post 30 above, issue a LBA and then commence with a small claim.

 

You should have a go at drafting the letter yourself, post it up and then we will look at it here.

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  • 3 weeks later...

Hi all,

 

here is the repsonse I have got after I sent the LBA this has all been done by email.

 

Mr Quinn

I am in receipt of your latest e mail to Customers Service and I note the comments therein.

I have the authority to make the decisions I have already made as per my previous correspondence. I will again reiterate them. Travelodge rely on the No Liability status, as displayed in all our car parks. This is common in most UK car parks. You are of course at liberty to challenge that fact in the small claims or civil court and we will defend those actions, as appropriate. I am not therefore persuaded to authorise any compensation.

Nothing in my correspondence to you was in any way intended as a threat. I apologise if it was construed as such. It was a statement of fact. Traditionally these incidents in car parks have been defended successfully. The level of Court action you may take, (i.e. small claims or civil court ) will dictate how Travelodge is represented.

I am sure this is not the response you would have wished for and I am sorry that your stay was spoiled, but that is my final decision.

 

 

 

 

 

 

 

 

 

Peter Gurney

Head of Security

 

 

office +44(0) 1844358619

fax +44(0) 184358585

 

 

mobile +44(0) 7776164494

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

Can you tell me your views on this as has only ever at all time only concered with the signs over and over again.

Thanks to all

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have spoken at length to Trading standards and they have said the signs are neither lawful or unlawful however they did quote a better chance of using sale of goods and services act 1982

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Trading standards are not much use, if your LBA says you are going to commence legal proceedings then do so.

 

Their letter in post 37 is a fob off, what is he going on about 'small claims or civil court'!

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Travelodge say the rely on the No Liability - sure they rely on it to fob people off. However it cannot stand.

 

TS said that - what powers of logic they have. If the signs are neither lawful nor unlawful they are not signs - they are paintings ! or maybe just mirages..

 

The parking at your own risk sign/No liability sign is unlawful. It is an attempt by the landowner to limit their negligence including death and personal injury.

 

Get back to TS an speak to someone with a basic grasp of simple logic.

 

 

If I toss a coin and it comes up not head OR not tails then you pay me a tenner - see if the TS brain will take the bet.

 

If it was me I would write back to a senior person Travelodge with

TAKE FORMAL NOTICE

at the top of the letter. this has meaning and makes liability assignable.

 

explain why their No Liability sign cannot stand and that unless they settle now and in full they should consider your letter a 'letter before action'.

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I agree TS are a waste of space

 

Rather than be technical re SGS your claim needs to be based on simple straight forward negligence/breach of the implied contract in that they have admitted they knew there was a problem & failed to tell you resulting directly in your loss

 

He states such claims have been successfully defended which may be correct up to a point but where there is negligence the operator has been found at fault

 

Issue your LBA & hopefully when it gets into the hands of someone who understands the law your claim might be resolved more sensibly

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plus there is much law about exclusion clauses - notably Thornton v Shoe Lane Parking but many others. travelodge are just trying to fob you off. give them a chance and then nail them in Court. You need to give them a chance to succeed under CPR AIUI

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