Hxcpm pcn Claimform - St Georges Car Park, Fitzwilliam St Huddersfield, HD1 5BB

[Becoming]

hello all,

 

I hope everyone is keeping well during this global madness.

 

I have a parking charge that has been going on since NOVEMBER 2018! 

 

I have just received a court date for 08/10/2020.

 

I actually bought a ticket on the day in question and have a photo of this - there is a lot of threads about this but i haven't seen any that have actually gone to court :'(

 

any advice or help with how to approach this would be very appreciated!!

 

thank you

[FTMDave]

Well done on hanging on to the ticket! 

 

As you have a ticket, what do the fleecers reckon you did wrong?  Could you please fill this in -

 

 

[Becoming]

Hello,

 

thank you so much for the reply: Ive added the details below, but totally out of my depth so please let me know if i need to add more or anything.

 

thank you!!

 

Name of the Claimant ?

HX Car Park Management Limited

 

Date of issue – 11/11/2019

 

 

Particulars of Claim

 

1. 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 St Georges Car Park Fitzwilliam Street, on 06/11/2018 thus incurring the parking charge (the ‘PCN’).

 

2.The PCN was not paid within 28 days of issue.

 

3. The claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle.

 

4.Despite demands being made, the Defendant has failed to settle their outstanding liability.

 

5. THE CLAIMANT CLAIMS £100 for the PCN, £60.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £11.37 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day.

 

What is the total value of the claim?

£171.37 – Amount Claimed

£13.24 – Interest

£25.00 – Court fee

£50.00 – Legal representative’s costs
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

I don’t believe so
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?

NO
 

Did you inform the claimant of your change of address?

N/A
 

When did you enter into the original agreement before or after April 2007 ?

NO
 

Do you recall how you entered into the agreement...On line /In branch/By post ?

In person with a car park attendant
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?

No
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

No – it has been taken over by Gladstones Solicitors
 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

N/A

 

Did you receive a Default Notice from the original creditor?

N/A

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?

NO

 

Why did you cease payments?

N/A

 

What was the date of your last payment?

N/A

 

Was there a dispute with the original creditor that remains unresolved?

N/A
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

N/A

[dx100uk]

So what defence did you file

and did you send a cpr 31:14?

 

what date have you to file your witness statement?

14 days before the hearing?

and what date must hxcpm pay the fee?

 

the claim has not been taken over by Gladstone s..they are a sols representing the ir claimant

[FTMDave]

I've deleted your reg. no.  Best to keep the fleecers guessing.

 

So you have the ticket.  And the con merchants have not indicated what you did wrong.  That's already very promising.

 

As you have a court date for 8 October then you must have filed a defence, right?  Can you post up what you wrote?

 

Did you send a CPR request to the fleecers?

 

If you can give us a brief description of what happened it would be very useful.

[Becoming]

Hello,

I filed it about December last year – and I filed it on the money claim.gov.uk website – which will not let me log in!

 

I do remember consulting these threads at the time and followed a template.

I have emailed them again to ask why I am no longer able to log in.

I am trying to retrieve a copy, but my laptop at the time has since broken!

 

I did submit a cpr.31.14-

‘I am submitting a CPR 31.14 request for documents and ask for sight of their contract with the landlord that assigns the right to enter into contracts with the public and to make civil claims in their own name and for a copy of the planning permission granted for both their cameras and equipment and their signage at the site’

 

And there response was:

‘In line with your CPR 31.14 request please find attached documents.

 

The contract and planning permission are not mentioned in our Statement of Case and as such do not fall within the parameters of a CPR 31.14 request.’

 

The only date for hxcpm that I can see is for them to pay the trial fee by 3/06/2020

– so I am guessing them have done so

 

One of the documents does state that all documents we intend to rely on have to be sent to the other party at least 28 days before the trial date

 

thank you 

 

So a few of the issues or points i have come to realise are:

 

-        Signage = not visible in their paperwork so cannot establish whether it was really there or if it is legible

-        The map is just dots – it does not establish that they meet the requirements of being visible from (a distance) as per stated in the law…

-        This was sent 18 months after the alleged incident so there is nothing to confirm that they were present at the time

-        The pay and display machine was wrapped up in a black bag and duct tape

-        My contract was made with the man I bought the ticket from ( as per…)

-        Their website at the time stated there was ANPR cameras – now they are stating that it is not

-        They also stated there is cctv: I have requested the footage; it was refused. I requested for the employees details; it was refused.

-        The biggest sign said – PAY HERE – and you cannot enter the car park without paying. There is NO mention of displaying

-        The ticket does not mention displaying = again the contract has not been broken

-        The ticket does not have a sticky side to it

 

Essentially, they are saying I have broken the contract of paying and then displaying the parking ticket.

 

any help in putting this forward is really appreciated!

[dx100uk]

get yourself one of these cheap Sata to USB converters and whip the Hard drive out your laptop and them it becomes like a penstick and you can view the files on it .

 

you say they sent various docs & their WS yet?

 

scan it all upto one multipage PDF please

read our upload guide carefully

 

dx

 

[lookinforinfo]

They know that without the contract and planning permission the Judge should not accept that there is a contract formed with motorists.

 

As they have not produced what you asked for indicates that they have not got a least one of them.

 

If they only produce the contract on the day, then you should feel free to point out to the Judge that they refused to send it to you so now you need time to read and understand it and if it contains quite a few pages with redaction I think you are entitled to ask that it be ignored

 

or you need a week at least to go through it with an expert as you would have done had it been sent to you on request. And you think it is unfair that there has been redaction since there have been rumours for instance that in Parking Eye v Beavis had there been no redaction, the Judges may well have come to a different conclusion.

[dx100uk]

had to hide those..

 

are you going to follow our upload guide and redact things please??

you must redact everything that can be used to ID you!!

 

dx

 

[dx100uk]

no sight that the contract has been annually paid by the management agent for 2020 year then..and thus is currently enforceable..

no proof those design software screen shots of the signs ARE those that are actually displayed at the site..

 

and i load of total waffle involving all kinds of quoted previous cases ..none of which are even remotely applicable to YOUR case..and an awful lot of their paralegal expressing what we call 'hearsay' evidence - that they think is correct without ANY proof..hope the person that wrote that will be present on the day of the hearing to be cross examined - else none of that WS can be used AT ALL.

 

 

[dx100uk]

hidden again..

have you uploaded the wrong one

as all your details like postcodes reg numbers, claim numbers are still unredacted

 

dx

 

[dx100uk]

still the same.

how are you redacting things..

if you are doing it in a pdf editor them that can be undone or not work at all.

redact the jpg pictures in a photo editing prog or MSpaint

then merge them all to pdf following the instructions in our upload guide.

 

going by the last but one page..your WS was due 2 days ago

 

you throw the kitchen sink in at the WS stage.

your main point is have the ticket for the day.

the fact its not on display is immaterial.

 

include it as an exhibit in your WS.

also inc you have parked there for xx months everyday, always paid and always done the same thing.

never having an issue before.

 

 

 

 

[Becoming]

Hello,

 

Yes their WS is so full of nonsense, particularly the aerial picture and the 'sign' - there was no such things on the site when i was there, presumably why they can provide no evidence of such.

 

Do you by any chance have any references for other cases that have been acquitted due to:

- them breaching the contract

-the contract they provided not being the contract the defendant entered into

-the tickets not having a sticky back

-the ticket being the contract?

 

thank you 

 

my defense was:

 

The Defendant denies that any contract was formed between the Claimant and himself.
The Claimant has failed to establish Keeper liability under the Protection of Freedoms Act.
The Particulars of Claim contain no detail as to the nature of any breach of a contract.
The Defendant does not believe the Claimant has locus standing since they have failed to produce any evidence of assignment of rights from the landowner as part of CPR 31.14 request, nor have they produced any evidence of planning permissions for their signage and equipment.
It is therefore requested that the claim be struck out under CPR 16.4

[dx100uk]

there are 100's of 'PCN claimform witness statement' threads here already

just use our enhanced google search box

[FTMDave]

So what happened in court?

I ask as we have a new court case with HXCPM.