Help - civil case against me but I did nothing wrong!

[ATruthUniversallyAcknowledged]

I recently stayed overnight in a Travelodge and two weeks later got a letter from the Civil Recovery Service saying I was being fined £150 for 'tampering with a smoke detector'. I don't smoke and didn't tamper with anything (this is the absolute truth as several people on here who know me in rl will testify)

I wrote back explaining that and asking for the case to be dropped. Today I have received a letter saying they are continuing with the case and are willing to take me to court. The letter also includes more information - saying that I covered a smoke alarm with a sock and including a cleaning schedule and a signed statement from a cleaner as 'evidence'.

I didn't cover anything with a sock! Why would I?

Anyone got any idea what I should do now? I am absolutely fuming that I am even having to think about this, but there is no way I am paying a fine for something I didn't do.

The letter says that 'if you wish to dispute this claim further we ask that you do so in writing detailing the legal basis on which you wish to rely.' So, what do I do? Do I need to see a solicitor? If so, what kind of solicitor and how do I find them? If I do see a solicitor, will I have to pay for it and do I stand any chance of getting that money back from Travelodge or CRS?

Any help would be much appreciated! Thanks

What proof do they have?

There was a watchdog investigation about this about 4 months ago. I can't remember the exact date but it will show up if you google. I'll see if I can find it for you. Don't panic!!!

They've sent the cleaning schedule from the day before where the column marked 'smoke detector not covered' is ticked and from the day we checked out where it was originally ticked but then crossed out and says 'fire alarm covered'

Also two statements (from cleaner and manager?) saying they found/saw the sock (although one of these has an inaccuracy in it, which I'm wondering if I can use in a 'defence' - do I need a 'defence'?)

I googled travel lodge civil recovery and got this:

Seems they have form...

www.consumeractiongroup.co.uk/forum/showthread.php?298725-travelodge-smoking-fine

How bizarre! They must have the wrong room surely?!

www.bbc.co.uk/programmes/b006mg74/features/travelodge-fines Lots of advice on here.

A mumsnetter told me about the Watchdog piece before (I posted in fury when I got the original letter)

All of the cases mentioned there were dropped or paid up so no suggestions about what to do next. Argh.

Yes I saw that watchdog episode. They accuse people falsely.

No advice, just wanted to say that I believe you and I hope you get this sorted. They have form so hopefully a judge will see through them.

Sorry. Lots of x-posts.

The room number on the sheets they've sent through is the right one.

The only thing I can think is that the people before us had covered it and the cleaner hadn't checked properly (hence the ticked sheet). It really does look like the staff tick the whole page in one go (hence the crossing out) rather than actually checking at the time. But how the hell do I prove that?

It tells you about half way down, you have to write and dispute it.

It's down to them to prove that you covered it, not down to you to prove that you didn't.

It's just a letter. You can ignore it. If and when you get an N1 claim form from the court you need to fill in the response pack saying you did not tamper with the smoke alarm. There's no point getting a solicitor, it's small claims so you won't recover your costs.

I'm unclear as to the basis of the 150 they want to claim - it's not a criminal penalty, it sounds likebullshit frankly. I very much doubt they will issue.

Sorry link:

www.consumeractiongroup.co.uk/forum/showthread.php?298725-travelodge-smoking-fine

Also www.bbc.co.uk/programmes/b006mg74/features/travelodge-fines

I've written and disputed it. They have written back saying they are persuing the case.

They think they have proof. They are saying the cleaning schedules are proof.

Sorry again, x post with everyone

Sorry, more x-posts. And thank you to all who've responded so far.

It's just a letter. You can ignore it. If and when you get an N1 claim form from the court you need to fill in the response pack saying you did not tamper with the smoke alarm.

The original letter (not this one) said that if I ignored it, it would go against me in court. Is that true? Or still the case?

Would I be better off replying now picking holes in the 'evidence' they've sent so that they don't take it to court? Or will that weaken my case if it does go to court? If it does go to court will I be able to claim expenses?

I am soooooo cross about this.

Leave them to do whatever they like. Dont correspond further. They think youll be intimidated into paying (although i still dont understand the lrgal badis for their claim). The cleaning schedules have been fiddled with. As someone else said, they have to prove you did do it not the other way round. The fuddled with cleaning schedules will be highly unconvincing.

Maybe you should contact Watchdog? It will highlight the fact that they are still doing this and they will help you to sort it out.

No it does not weaken your case. That's bollocks.

Oh and the £150 refers to 'costs for specialist cleaning, repair or replacement of damage by you to our property, the cost of the room for any period it is unusable and our administration expenses'

£150 to remove a sock from a smoke alarm? Even if I did bloody do it (which I didn't) I'd be struggling to understand how they could justify that!

It will not go against you in court if you ignore, they are pretty unlikely to take you to court. If they do you will respond to the court stating you didn't tamper with it - I'd even attach watchdog pages for the courts perusal.

Sounds like they're just trying to intimidate you.

Thank you Chubfuddler

Knowing I could put this letter in a cupboard and ignore it for a while makes me feel a bit better.

Are you a solicitor? Do you know, if they did take it to court, would I be able to claim expenses etc off them? And where would the court case take place?

Oh right. I suppose it's their blanket cleaning charge for cleaning a room after someone has smoked.

I would ignore it. Honestly its a load of crap. If I was feeling really cunty I'd write back to say you hope they will be able produce witness evidence at court from the cleaners who removed the imaginary sock deep cleaned the room as to the duration and process of the deep cleaning, and ensure that they attend trial to be cross examined on the same.

It would likely go to small claims, no one goes anywhere, it's all done by forms in the post.

But it's very unlikely they would pursue you for £150 to remove a sock from a smoke detector.

I can't believe I wrote the above sentence, can you see how ridiculous it is?

Yes I am.

Trials generally take place in the county court deemed most convenient for the parties - in a liability dispute that's the defendants home court. You won't recover legal costs. A judge can award you travel expenses/lost earnings if you win but they dont have to.

They aren't going to issue. Don't fret.