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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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Holiday should never have been booked.. What now???


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Please can someone give me some advice.

 

In December I made a holiday booking through Qwerty travel to the Costa Del Sol, Fuengirola for 27th May staying at the Gardenia Park Hotel for 2 adults, 2 children and 1 infant. At the time of booking I questioned would the room size be ok for all of us as I had had numerous hotels being rejected because of over occupancy, they said that it was fine, so I went ahead, booked the holiday, paid £400 deposit and got very excited.

 

A week later I recieved the holiday documentation to say that flights booked with Easyjet, Accomadation booked with youtravel (twin/double AI) and transfers booked with resort hoppa, all fine!!

 

On Wednesday I got a phonecall from the admin department of Qwerty travel to tell me that youtravel had said that due to operational reasons they could not honour the hotel booking and that they were transferring me to an equivalent hotel, Griego Mar, Torremolinos. I had seen this hotel whilst searching for my holiday previously and explained that there was no way I would be staying there as it didn't have proper entertainment for the children, was in an area that I didn't want to be in and looked like a dump.

 

They are now saying that there is no other alternative hotels in my price bracket and that if I don't stay at the Griego Mar and I cancel the holiday I will lose the cost of my flights, £390.

 

I have since learnt that the operational reason is that they can't fit us in the rooms that they have booked.

 

I am outraged, I risk losing my money because they have booked us a holiday that didn't in effect exist. I understand that different components are booked separately but I wouldn't have booked the flights if they hadn't of had that hotel.

 

Is there anything I can do? I will not go to the hotel offered, I don't feel that I should pay any extra especially since holiday prices have risen since I booked so I will never find anything for a reasonable amount, and I don't feel that I should lose my flight cost?

 

Any help would be greatly appreciated.

 

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Does it state anything in the T&Cs of the booking that you may be placed in alternative accomodation?

 

Did you pay on a credit card?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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It does say that they can put you in an alternative hotel but the one they've offered is so below the standard of the one I booked.

 

Put the deposit on credit card I think, haven't paid balance, was due this week but don't wanna pay anything else until I know where i'm staying.

 

Is there anything I can do?

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I have still not had any joy with company. I think it is going to come down to taking them to the small claims but also means can't really afford another holiday as prices raised so much since I booked.

 

They have got an ATOL licence, is there anything extra I can do?

 

Is there anyway I can still get a decent holiday?

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  • 1 month later...

Hi Tanya,

 

I know that even if your flights and hotels are booked with the same people, it doesn't necessarily mean that they are subject to the same conditions. Easyjets policy will be drastically different to whichever room consolidator your travel company has used so you may have a nightmare sorting something with the flight side, however, the room size is clearly not your fault and you even queried it with the res agent so you couldn't have done any more! Realistically, the company should offer you two rooms (If that would be suitable with the ages of the little'uns,-maybe interconnecting ones?) and suffer the losses themselves. I was Cust Serv for a travel company and wrote this kind of thing off on a couple of occasions, so as long as there is room in the hotel this should not be too much of a prob. Getting the company to accept their error is where you will have problems tho!

 

Hope this helps and good luck x

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