PE/DCBL ANPR PCN - Overstay - Marriott Hotel Courtyard by Marriott Luton Airport for 20min enquiry **CANCELLED BY PE**

[tedd4]

 

 

Occurrence: Courtyard by Marriott

Airport Way, Luton

I have received such a huge penalty of £100 for a legitimate enquiry about room availability. I was given by post a PARKING CHARGE NOTICE for parking at the front of the hotel car park last year (07/2020).

 

It was just after 3 am that I was at Luton airport looking for a place to stay as I had unexpectedly been recalled to be on standby for potential work at a hospital in the area. I was unable to book anything online for that night because of the time and so therefore I drove up to the reception area of the hotel and attempted to speak to the receptionist who would not incidentally speak via the intercom or come to the door.

 

Eventually, I got his attention and  I was not allowed into the building as it was during lockdown. Trying try to communicate through the glass door obviously took a lot longer than it would’ve done normally had he let me in. I was turned away and I was in the drop off area with my partner present in the car the entire time for no more than a period of 20 minutes.

 

The parking lot was fairly empty which is understandable given that this was due in lockdown and even in central London on a red route there is an allowance of 20 minutes and nationally parking fees were suspended let alone the issuing of fines.

 

Firstly, at a time when the country was coming together where councils across the country was the suspending parking charges and assisting key workers in facilitating the ease of movement to work the Marriott Hotel group ignore this fact in their response to my complaint.

 

They have referred me to the sub-contractor Parking Eye, who refused to consider my letter of appeal saying it’s too late. In fact, my appeal was sent to the Marriott who have acknowledged receipt but failed to respond as the manager of the hotel had left soon after it was received.

 

On chasing this up with the Marriott group they yet again refer to Parking Eye. They in turn have referred it to the Enforcement Officers who have sent me a text to say they will be visiting me at home. 
 

Is there anything that I can do?

[dx100uk]

enforcement officer?

has this been to court then or you mean a powerless DCA?

 

it's not a fine its a speculative invoice , nothing to do with marriot hotels but parking eye.

 

please complete this:

Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group

 

and scan up ALL comms in/out and both sides of any letters etc , as well as your appeal please and their reply.

use one multipage PDF ONLY.

read our upload guide carefully.

 

nest time don't appeal!!

 

[brassnecked]

It can never be a FINE, do as DX advises and post up details of what you have been sent and by whom.

[FTMDave]

On 30/06/2021 at 21:32, tedd4 said:

Is there anything that I can do?

Yes, of course there is, but it's unclear from your description at what stage of the legal process your case is, and to advise we need to know.

 

Please answer the questions dx and BN asked.

 

 

[dx100uk]

Tedd you need to respond to us not just keep looking at the replies and doing nothing.....

 

 

[tedd4]

Apologies for the delay:

 

An ANPR camera did indeed capture the ‘OVERSTAY’ as stated on the initial notice as the reason for the penalty (the allowance for which is 0 mins and the only way you are eligible to ‘park’ is to obtain a ticket from the machine or register your registration which is in the lobby of the hotel which I was not given access to due to COVID-19).

1 Date of the infringement: 4/7/2020

 

 2 Date on the NTK [this must have been received within 14 days from the 'offence' date]:11/8/2020

 

3 Date received: 13/7/2020

 

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] YES

 

5 Is there any photographic evidence of the event? YES

 

6 Have you appealed? [Y/N?] Appeal initially sent to Marriott Hotel. Manager filed the letter and left the company. In April 2021 via Twitter I was told this and referred to the company Parking Eye to deal with it as it was out of their hands. Copy of original appeal letter sent to them but Parking eye didn’t consider the appeal as it was with the bailiffs.

 

Have you had a response? [Y/N?]. YES

 

7 Who is the parking company? PARKING EYE

 

8. Where exactly [carpark name and town] Courtyard by Marriott Luton Airport

 

For either option, does it say which appeals body they operate under. YES BSA

 

I called dcbl 2 days ago as I received a 'final reminder' 4/7/2021 and asked them if there was a CCJ on this and they said no. 

 

DBCL Marriott PCN CAG.pdf Marriot PCN CAG copy.pdf

[dx100uk]

you have not been to court

there is no CCJ

there are NO bailiffs after you read the otherside of the DCBL letter carefully

 

it is NOT a PENALTY

is it NOT a FINE.

 

until or unless you get a letter of claim

you simply ignore everyone

 

shame you appealed as you've lost protection under POFA2012 by dobbing yourself in as the driver

 

get reading threads here in this very same forum as yours.

 

[FTMDave]

Thanks for all this.

 

Try to get the terminology right, otherwise you'll just harm your case.

 

In your letter to the Marriott Hotel you repeatedly  call this ticket a fine.  It isn't.  A private company hasn't got the power to fine you.  It's an invoice.

 

Bailiffs can only become involved if you are taken to court, lose a court case and then defy the court and still don't pay.  There are no bailiffs involved.  DCBL can act as bailiffs and write this in their letter heading to con you.

 

Stop contacting DCBL.  Even if they were sympathetic - which they aren't - they have no power to do anything as this is not their debt.

 

You need to get back on to Marriott, but at CEO level  [email protected]  Send a version of your letter, most of which is OK, but

   - for goodness sake don't call the charges "fines"

   - don't accuse Marriott of making money, because the charges go to PE

   - remove references to DCBL who an irrelevant uninterested third party.

[FTMDave]

Just to be clear who you're dealing with, as you've mixed them up.

 

Marriott - the organ grinder.  They've stupidly decided they need to employ someone to save their car parks from being taken over by non-patrons.  They have the power to call PE off.  So get onto the CEO.  As well as the bits I said to cut out, add a bit to explain that you originally tried to contact the hotel in Luton but got nowhere (otherwise they'll wonder why you are contacting them in July 2021 instead of June 2020).

 

PE - the monkey.  These are the conmen you're supposed to appeal to (but they never accept appeals) and they are the ones who take your £100.  As dx says, ignore them now totally unless they send you a Letter Before Claim.  Legally you're in the right, it was impossible for you to satisfy their silly rules.

 

DCBL - oxygen thieves who have no power to do anything as it's not their debt.  You should always ignore anything you get from a DCA.

[dx100uk]

the reason why PE sent you onto DCBL is solely because you used the word FINE numerous time in your appeal and let them know you haven't a clue what you are involved in.

 

they were hoping you'd see the word BAILIFF and having watched their scary DCBL TV series you'd wet yourself and blindly cough up....you almost fell for it...

 

any chance you can complete the requests in the sticky with a scan of both sides of your NTK please ....to one PDF..

[tedd4]

Dear CAG

 

I am pleased to say that following on from your advice to contact the chief executive officer of the Marriot hotel group the letter of which can be seen in the attached document I received a letter from Parking Eye, again loaded in the batch of documents you requested be made into one file, stating that they have cancelled the parking charge.

 

Thank you for your help and assistance in resolving this matter.

CAG PARKING EYE MARRIOT PCN_compressed_1.pdf

[lookinforinfo]

That is good news for you. Well done for taking the advice of  FTMDave and writing  a good letter yet agin to Marriott  Hotels albeit to someone higher up their food chain. I am sure  that PE is not so happy. From your first appeal they were probably already starting to spend the £170 they were looking to make out of you.

[FTMDave]

But, but, but, didn't PE insist it was "too late" to consider cancelling the charge? 

 

Well done on your victory!