Author Topic: Civil Enforcement letter before action-Southampton Ibis Hotel  (Read 18 times)

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Greetings all, feeling a little nervous, hoping to get some advice on what to do next.

Backstory:

The driver heads to the Southampton Ibis Hotel to pick up a family member who has come to visit. From the driver's recollection, they drove in, picked up this member, and drove out again and didn’t stay long at all. The barriers to enter and exit were up the whole time. After revisiting the hotel recently to take pictures, it has signs stating that if the stay is 20 minutes or less, no charge will be incurred and the barrier will open without further action required. They have also checked their Google Maps Timeline, which correlates that they wouldn’t have been in the car park for that long.

The registered keeper moved house in December and forgot to update the address on the V5C (yes... what a numpty). After updating it on the 26th of June, the keeper received a Letter Before Action on the 10th of July, claiming debt for an unpaid PCN. This is the first paperwork they have received and have never seen the original PCN. The alleged incident date is the 5th of January.

The keeper has emailed the hotel asking for the charges to be cancelled, with proof of the family member's booking information. This was this morning, with no answer yet.

As the clock is ticking for the 30 days' reply limit to the letter, the keeper would like to know what’s next?

The letter and parking signs should be attached.

Many thanks.

google maps location:
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Image letter hosted on ImgBB
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Image first sign hosted on ImgBB
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Image sign1 hosted on ImgBB
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Image sign2 hosted on ImgBB
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What are the chances... email arrived from hotel stating:

 Dear x,
We are sorry to hear about the penalty you have received.
Unfortunately, this matter is now beyond our team's control. It has been more than six months have passed since the parking notice was issued, we are no longer able to intervene or request its cancellation.
The case has now progressed to Civil Enforcement, so we recommend contacting them directly to discuss the matter further. Unfortunately, we are unable to cancel the parking charge at this stage.
We appreciate your understanding, and if there is anything else we can assist you with, please let us know.
Kind regards,


Send a Subject Access Request to CEL for all the personal information they hold on you, which will include the original PCN.

If you are going to defend this claim, you can reply to this letter simply per
Quote
The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed

Next will likely be a county court claim, for which the original PCN will be helpful in constructing a defence.
« Last Edit: Today at 06:05:03 pm by jfollows »