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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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On 29th January my van was broken into, and over £3,000 tools

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On 29th January my van was broken into, and over £3,000 tools were taken. It was parked in the car park of a Premier Inn hotel where I was staying on my way to a job. My tradesman's insurance won,t pay out as it's classed as a public car park. However, I feel that the hotel should accept some responsibility for two reasons. 1, When we reported the incident at reception, the receptionist stated that the hotel had received an email from the police warning them about a spate of robberies from hotel car parks in the area. She did not pass this information on to me when I booked in. 2, I feel that, under tort law, the hotel has a duty of care to its customers. I have written two letters to Premier Inn head office but have not received a response. Do you think I have a case?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Do they have a warning saying they don't accept liability please?Alex
Customer: replied 1 year ago.
we did not see it posted anywhere. Im not sure if it is in the terms and conditions on the online booking form
Expert:  Ash replied 1 year ago.
can you check the car park and the terms?
Customer: replied 1 year ago.
I live in Norfolk and the incident happened in Dover o i can not check the car park but I will look on their terms and conditions on line.
Customer: replied 1 year ago.
this is the terms on line parking does not seem to be a seperate thingWe shall not be liable whether in contract, tort (including negligence) or for breach of statutory duty, or in any other way, for any indirect or consequential losses including:loss of income, sales or revenue;
loss of business;
business interruption;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of reputation and/or goodwill; or
wasted management or office time.
Customer: replied 1 year ago.
i have now looked on google earth and again i cannot see a sign from the road.the cctv posts are clear to see but not any signage
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
1) By 'refund' do you mean a refund of the £3000 worth of tools? We were given a refund of the cost of our one night's stay but, obviously, this was only £47 and by no means covered our losses.
2) Is this likely to be expensive if we take it to the County court?
3) Most importantly, do you think we have a case?Thank you.Trevor.
Expert:  Ash replied 1 year ago.
1) Correct your replacement loss2) Court would be a small claim and if you win those costs are added. It's about 15% of the claim.3) I think it's arguable.
Expert:  Ash replied 1 year ago.
Does that clairfy?Alex
Customer: replied 1 year ago.
yes i think i have it, will look at the online court things, thank you, ***** ***** been very helpfull.
Expert:  Ash replied 1 year ago.
Good luckAlex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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