HX/Gladstones claimform - < 5 mins stop - Shell Garage, Salterhebble, Halifax, HX2 0QE Salterhebble, Halifax

[Mark 2019]

Hi All

Have stumbled across this site by accident and having had a trawl through you all do an amazing job. So good and so much resource on here that I can see the wood for the trees. Partially because I am part way through the case so not sure what to respond to first.

Anyway I have just recieved the following email:

From: 

Date: 04/03/2019 4:16 pm (GMT+00:00)

To: mark 

Subject: HX Car Park Management Limited -v- D /  

Dear Mr 

Thank you for your correspondence.

We attach our Client's evidence they wish to rely on at this stage, in line with the relevant pre-action protocol we request you do the same.

 

In the absence of this within 30 days of this email we will issue legal proceedings against you without further notice.

 

When the question of costs arises, this correspondence will be bought to the Court's attention as unreasonable behaviour. 

Kind Regards

P M
Litigation Assistant

I had previously logged my mitigation on their website (I had not responded to their previous "invoices")

The main extent of my mitigation was that I had pulled over from the main road as my son was suffering a nose bleed.

The car was stationary for 5 mins (as identified by their own evidence), no one left the car, and in my view quite crucially and again as demonstrated by their own evidence there was a double yellow line and a hatched area in front of it.

I had stopped short of this yellow line and hatched area as this was clearly an area not to stop.

I didnt see any signs (i was dealing with my sons nose bleed) but would have expected had the whole are been no parking why wasnt the whole area hatched and why were the double yellow lines not running the full length.

I have also requested under GDPR that they remove all data relating to me as they have no grounds to hold it.

In rejecting my request on the grounds that they have "compelling" evidence they have followed up with the attached bundle.

I returned that I believed they didnt and no reasonable person would when looking at their own evidence (i.e presence of double yellows/and hatched area infront of where I stopped).

I also requested that they no longer communicate with me and to take the issue to court where I will be happy to defend my case.

I also pointed out that any communications short of direct court action will be considered by myself as harassment.

However they have ignored that and are now demanding I share "my evidence".

Surely Im not obliged to do that until court proceedings are issued which I am happy for them to do. 

Any anyone can give me will be greatfully recieved.

CHEERS

 

 

[honeybee13]

Hello and welcome to CAG.

I've had to remove your bundle because you need to redact it. You've left your name, address, car reg and probably other stuff. Please remove anything including bar codes, etc that could identify you and repost it. If you're able to reduce it from nearly 7MB it would help, it takes a while to load.

Best, HB

[honeybee13]

Please let us have the information requested in the forum sticky, it will help us to advise you.

 

HB

[Mark 2019]

Redacted bundle attached

Answer to qeustions: (Sorry cant remove strikethrough)

1 Date of the infringement

11th November 2018

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

14th November 

3 Date received

unsure 

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

 no

5 Is there any photographic evidence of the event?

 yes

6 Have you appealed? [Y/N?] post up your appeal]

Not to the Parking Company but logged an appeal on Gladtones website along with mitigation I dont have a copy as it was a form on their website.

Have you had a response? [Y/N?] post it up

 No response to "appeal" to Gladstones although did a a refusal to wipe my data following a Request to them that they do so.

7 Who is the parking company?

 HX Car park management LTD

8. Where exactly [carpark name and town]

Shell Garage, Salterhebble, Halifax, HX2 0QE

 

HX_Parkin_BUNDLE_Redacted_(1).pdf

[dx100uk]

You only stopped for 5 mins

There is a general min 10 mins Grace period

Shame you appealed next time don't cause you've shot yourself in foot by stating you were the driver

Ignore them now 

Until/unless you get a letter of/before claim from one of their favourite paperwork only fake/tame solicitors

Block and bounce their emails

 

[Mark 2019]

The letter I have is now from Gladstones. I technically didnt appeal and in my note to them I just said "the driver" in expaining the circumstances and why I did not recognise this "invoice". I completed it on their website so I dont have a copy of what I said. I have however just done an SAR so should get everything I completed back.

[dx100uk]

well until/unless you get a letter ofclaim or a court claimform I wouldn't sweat any more about this ignore them block their email AD and bounce them back.

as I said there is a MINIMUM of 10mins grace in the guideline they must abide by

tarmac graffiti in a private carpark is just that too.

they'll not dare do court

[ericsbrother]

HX are gladdys favourite client at the moment, they spend a lot on going to court and havent been put off by having to shell out for losing cases as a result of the rubbish advice and strategy used by the solicitors.

 

as you are new to this I will point out that the owners of Gladstones are the same people who own the trade association, the IPC.

 

Now this means they know what the parking co is supposed to do so i would direct yu to the IPC site so you can look up what they say about grace periods before a ticket or demand is issued.

 

When you have copied it out you can sue that to go back to gladstones and tell them that you know they are the same Will and John who run the IPC but seem to be quite happy to encourage their clients to breach the rules THEY invented just to make a couple of quid writing threatening letters.

 

also let them know that you know the BPA do enforce their Code of Practice and any honest parking co would have never have issued a PCN in the first place because they would have some sort of quality control in place to prevent such spurious  demands getting as far as the post room. You will be delighted to relieve their client of a wad of money for their unreasonable conduct when you defeat their claim

 

Once you have the part of their code of practice that mentions grace period then you send  the above to Gladstones and copy it to HX so they know they will be footing the bill for a misadventure rather than making some easy money. this letter also fulfils the pap so they cnat claim you have just .ignored them when the truth is you have not responded as you hold them in contempt

 

also, you block their emails and you do not email them, proper letters only. Email allows them to harass you for free and abuse the legal process so dont encourage them

[Mark 2019]

Ok Emails blocked and letter in production!

 

Cheers All

[Mark 2019]

Ok after nearly 5 months of silence from them I have just come back from holiday to a County Court Claim Form: I only had 1 day to respond in the 14 day period so Ive acknowledged for now to get me an extra 2 weeks. The particulars of claim are essentially very brief basically saying I breached terms of parking stipulated on signage thus incurring the parking charge and that I agreed to pay the PCN within 28 days of issue but failed to do so.

 

Given their claim is brief is my defence at this stage equally brief or am I expected to submit a whole bundle of evidence and lengthy statements as others have done previously or is that for when I appear in court?

 

TIA

[dx100uk]

please complete this:

 

 

 

[ericsbrother]

post up what you want to say and we will make suggestions on tweaks.

It will also be worth making a point about their poor POC and even ask the court to use its powers to chuck the claim out. Now most of what goes through Northampton doesnt get read until it is allocted to your local court so dont be surprised if nothing happens about this request, courts can and do use their management powers after a defence has been submitted and it need allocating time so it becomes more likely that Gladdys will be ordered to resubmit a claim with substance and that eats all of the profit they make from the roboclaims they file.

[Mark 2019]

Name of the Claimant HX Car Park Management LTD

claimants Solicitors: Gladstones Solicitors LTD

 

Date of issue – 23rd July 2019

 

What is the claim for?– The Driver of the vehicle with Registration xxxxxxx (the 'vehicle') parked in breach of the terms of parking stipulated on the signage (the 'contract') at site 1085 Salterhebble Halifax HX3 0QE on 11/11/2018 thus incurring the parking charge (the 'PCN'). The driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so. The claimant claims the unpaid PCN from the defendant as the driver/keeper of the vehicle. Despite demands being made, the defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS £100 for the PCN, £60 contractual costs pursuant to the contract and PCN terms and conditions, together with statutory interest of £7.79 pursuant to s69 of the County Courts Act 1984 at 8% per annum, contunuing at £0.04 per day

 

 

What is the value of the claim? £242.79 (£167.79 claim, £25 Court fee, £50 Legal Representatives Costs)

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? PPC

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO/Not sure what this means

 

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

[ericsbrother]

usual rubbish roboclaim from Gladdys that doesnt mention what the breach or conditional term was and why you owe the money and in what capacity they are chasing you as they keep mentuioning driver and as you were chased because you were the keeper how they have decided you are liable (as POFA is unlikely to apply.

 

We asked to yo pop up what you want t say in your defence though so have a good look at other outline defences and see what applies other than rubbishing the quality fo the claim

[dx100uk]

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

[Mark 2019]

OK this is what happened i.e. my defence......

 

On the date in question I was travelling to Haliax with my two children.

My youngest was sat in the back seat.

 

As we were approaching Salterhebble my youngest son suffered a heavy nose bleed.

At the time there were very major roadworks taking place.

 

When my son started to panic I realised there was no safe place to pull over on the carriageway due to the roadworks without adding to an already chaotic traffic problem. I noticed the shell garage forecourt which shared an enterance to the McDonalds and saw this as a safe place to pull over and attend to my distressed son.

 

There were no sign on entrance to the area that would suggest any parking restrictions and I certainly didnt see any other signage as I was concentrting on where there is a safe place to bring my vehicle to a halt. What was visible in the area though were some double yellow lines round part of the perimeter and a yellow hatched area. I interpreted these as no parking/stopping areas and pulled over to a safe place away from these as evidenced by their own photographs. My priority now was attending to my son.

 

The vehicle whilst stationary was parked with engine running.

It took around 5 minutes to stop the bleed, tidy him up at which point we continued our journey.

The claimants own evidence shows I was there for only 5 minutes.

 

On returning to the site to inspect following the claim I can confirm their is no sign on entrance suggesting any parking restrictions. Whilst there were a series of signs dotted around the perimeter, to read the terms of these signs you would have to park, get out of the vehicle and read it, which would immediately put you in breach of the said terms (entrapment?).

 

I also noticed that their are no cameras which leads me to believe the images were taken by a individual with a hand held camera.

[lookinforinfo]

They are absolutely crazy taking this to Court. However to make sure they lose we need photos  of the signs in the alleged carpark  especially where they are situated in tems of the entrance and where you parked. Please make sure that we can read the signs and if there some that have different terms or conditions on them takepictures of  those too.

 

[ericsbrother]

I would like to see their original NTK you would have got in the post.

Also can you post up the exact address of the garage and tell us if it matches with the location expressed on the NTK and claim form. If  it doesnt please tell us.

[Mark 2019]

It does.

 

Ive attached original NTK and photos I took of the signage from a drivers perspective which is impossible to read unless you get out walk up and read it which immediately puts you in breach.

 

I will go down today and get a close up photo of the sign.

 

Ive also posted photo of the view I would have when bringing car to a halt "parked" at which point I am tending to my son.

 

 

[dx100uk]

hi ya

had to remove your images posted directly to a post

 

please use ONE multipage PDF file only

and your NTK is unredacted too.

 

read upload

 

did you sent the CPR??

[Mark 2019]

okay will sort of full PDF file and post this evening once I have the close up of the signage. Thanks

 

 

Edited August 17, 2019 by Mark 2019

[dx100uk]

did you send CPR?

[Mark 2019]

Yes CPR sent recorded delivery

 

[Mark 2019]

I have a lot of photos of the site, including cages blocking signage both today and 6 months ago. Also entrance where no sign. Hatched areas stating no parking and also double yellow lines - areas which I did not park on as seen in their own evidence.

 

NTK Page 1 & 2

 

 

Signage on site.

 

 

docs1 (1).pdf

[Mark 2019]

I need to submit my defence in next few days is what ive quoted in thread 16 sufficient?