Hx Parking/gladstones CCJ - Exceeded 1hrs Free - McDonald's Alma Leisure Park Chesterfield CCJ issued thanks to useless parking fines ltd ***Claim Dismissed***

[Digital_2012]

Hi,

I need some help i went to McDonald's Chesterfield where i had meal and stayed there around 1 hour it was November 2020.

After few days i received parking charge notice to pay which was £65. I found a website called parking fines ltd who claimed that they deal with these cases for £18 and they have very high win rate.

I paid to the company the company filed appeal to HX parking ltd,  which was rejected since then this company advised me that only contact them when i received claim form from CCBC.

In March I received N1SDT form from CCBC then I asked Parking Fine Ltd to help which they refused and asked more money which I rejected but they agreed to send me written defence which I filed via email in March.

 

Since then Parking Fine Ltd company dissolved and I didn't hear anything from the County Court Business Centre as well.

 

Yesterday I rang them to find out that if there is any update on my case, to my surprise they told me that the address for the security question is not the same as the address they hold.

I have told them that I have never changed my address since I sent my defense also till march I was receiving all the correspondence to my genuine address from Hx parking ltd and from CCBC as well.

To my surprise they also told me that they issued CcJs in June which I never received because of wrong address.

I have checked my full credit report and there is nothing unusual no new address or CcJs.

The CCBC say that they are investigating that how this address got changed.

 

First I was thinking that maybe Parking Fine Ltd provided their address but upon checking their website data they based in Sheffield but the address County Court Business Centre hold is in Derbyshire and CCJ also sent to Derbyshire address.

Any advice in this situation what shall I do next.

Thanks in advance

[dx100uk]

have you a copy of the ccj and the claimform poc and the address it was sent too?

 

 

[Digital_2012]

No I don't have because they sent the CCJ to address where i never lived.

 

But yes I received N1SDT claim form in march to my original address

Edited October 2, 2021 by dx100uk
unnecessary previous post quote removed

[BankFodder]

Maybe you can explain to us why you've been with this form for 12 years and yet you went off to some feepaying company to try and deal with your parking penalty issue?

[dx100uk]

fill this out with what you know please

 

and find and scan any other old paperwork you have bothsides please to one multipage pdf only.

 

do this too please:

 

 

 

 

[Digital_2012]

Bankfodder

yes I am with this forum on and off.

When this parking charge arrived I was thinking to challenge it while searching on google I cam a cross this Parking Fine Ltd who were claiming that they have 100% success rate if not successful they offer money back

  I know I made mistake now I am on this mess.

Dx100uk ok let me figure out and fill all the info

[dx100uk]

and every bit of paperwork bar the court forms you have to pdf.

 

dx

[Digital_2012]

Ok here is all old papers sent from claimant's solicitors and from county court business centre Northampton

 

 

 

 

 

Paperwork to date.pdf

[dx100uk]

sorry i sent the wrong link 

do this one please:

 

 

dx

 

[Digital_2012]

Name of the Claimant : HX Parking Management LTD

Claimants Solicitors: Gladstone Solicitors

Date of issue – 5 March 2021

Date for AOS: Not sent

Date to submit Defence - 15 March 2021

What is the claim for – Parking Charge Notice

(Particulars of Claim are in the box to the left of the N1 page 1)

**IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION

What is the value of the claim?

Amount Claimed £165.41

court fees £25.00

legal rep fees £50.00

Total Amount 240.41

[FTMDave]

It looks very much that after the DQ stage someone in the court has made a mistake and the paperwork informing you of the hearing and then the CCJ have gone to this Derbyshire address.

 

As far as I know judges must set aside judgement when the court has ballsed up and you'll get your £255 set aside fee back too.

 

You need to do three things.

 

1.  Get the court to e-mail you the CCJ with the Derbyshire address shown.

 

2.  Approach the fleecers to see if they will accept a set aside by consent.  This should be done immediately.

 

3.  Assume the fleecers won't agree and start drafting your set aside application.

 

One of the three things you need to show the set aside application judge is that you acted promptly, which of course you did, so best to continue in that vein!

[Digital_2012]

I have got the CCJ Judgement I paid to get it and it's showing Derbyshire address

[FTMDave]

OK, excellent, so you can prove the court ballsed up.

 

Late this evening I'll post something up that you can send to the fleecers tomorrow morning.  Just at the moment I need to knuckle down with work that I've had all weekend to do but preferred instead to go to football and generally enjoy the end-of-summer sunny weather!

[Digital_2012]

At the moment I am waiting for their investigation and see what they  say

 

FTMDave no worries

[dx100uk]

this derbyshire address

 

its not the guy that used to run that scamming site?

 

whats the date of the judgement?

and type out the poc please in full minus you reg number

and the defence he filed for you please

 

 

the saving grace is that no maccy'd carpark is only 1hrs.

they are mostly part of larger retail parks and the org planning perm will not be 1hrs granted by the council more like 2-3hrs free.

 

 

[FTMDave]

I've just googled these Parking Fine Ltd scammers to see if they had a base in Derbyshire and up popped the long thread you've had going on MSE since March.  Now that's no problem, you're perfectly entitled to ask for advice on different forums but I'm wondering if there's any point us describing how to get a set aside if you're already being advised on MSE.

 

I see one of the regulars on MSE confirmed that the scammers did use a Derbyshire address.  It would have been good if you'd told us rather than us thinking it was a mistake by the court.

[dx100uk]

thread?

 

 

[FTMDave]

Parking fine ltd

FORUMS.MONEYSAVINGEXPERT.COM

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Hi guyz, i need some help i went to McDonald's Chesterfield where i had meal and stayed there around 1 hour.

 

 

Pages 8 & 9 are especially important. 

defence.pdf

Edited October 3, 2021 by dx100uk
defence pdf added

[Digital_2012]

FTMDave

I mentioned there that I have checked parking fine ltd website look up and I did not find any address in Derbyshire.

Also I pointed it out that till march I was getting all letters to my original address after sending defence via email the all correspondence stopped until i rang to find out what's going on with my case 

[FTMDave]

Yes, but you failed to tell us that one of the MSE regulars who you've been corresponding with since March, and who has massive experience of these cases, said they reckon the scammers used different addresses, including Derbyshire.

 

It's pretty important don't you think?  We've gone from thinking it was the court's mistake to it being likely that you instructed the scammers who gave their address and the court did nothing wrong at all.

 

The site would have wasted hours - and you £255 - in a futile set aside application presuming the court were to blame.

 

Anyway, I know next to nothing about MSE, I certainly have no hostility towards them, but I know they have their legal strategies and we have ours, where one step follows another.  Mix & matching is a very bad idea.  Decide who you want to help you with set aside and proceed accordingly.

 

 

[Digital_2012]

FTMDave what I have failed to tell I think here in this forum I have even clarified more. If you look at my first post I have mentioned when N1SDT Form arrived PFL asked more money which I refused and I filed the defence by myself which PFL sent. 

 

I am not sure who's mistake because PFL dissolved so I could not contact them again. Still I am unsure because PFL never involved in court case they were involved only to appeal to the original creditor. 

[dx100uk]

please dont believe everything you read and are told on/about mse

i can assure you PFL is on mse and is in your thread i bet!!

nearly all of the cases PFL dealt with were by touting by sending pm's to people that posted on mse. 

anyway ,thats all in the past. it doesn't matter - forget it, there is no court 'mistake' you got had ...end of its over now.

what you  need to do now is get this set aside

the angle will be there is no such thing as 1hrs free parking on that retail site, a parking company cannot dictate the time, it can only be the landowner, so what do you need to do.....

get up on the local councils website planning section

download the original planning consent granted

then look for planning permission granted for HX's signs/poles and ANPR cameras/poles... i bet you wont find any

you will also find that the council gave no permission to vary the free parking time from originally granted.

can i just check something.

go get your credit file please...is this CCJ showing?

you are in the info gathering stage, slow down get all the info you have no rush to set this aside, its been there since june so another few weeks will not hurt.

it MIGHT well be that once you have the info you might be in a very good position to write to HX and demand they set aside the CCJ FOC to you. then it wont cost you a penny

if your evidence is good they will fall over themselves to do so.

dx

[Digital_2012]

Dx100uk the particular of claims 

 

1.The driver of the vehicle with registration .... (The vehicle) parked in breach of the terms of parking stipulated on the signage (the contract) at Alma Leisure Park Derby Road chesterfield on 21/08/2020 thus incurring the parking charge (the PCN). The PCN was not paid within 28 days of issue.

 

2.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 statuary interest of £5.41 pursuant to s69 of the county courts act 1984 at 8.00% pet annum, continuing of £0.04 pet day

 

PS I have full credit report nothing unusual no CcJs no new address

 

 

Also I am visiting the site as well I been there there were no clear signage I went to McDonald's night time where I had meal I have proof of bank statement for that night when I went to McDonald's. 

Edited October 3, 2021 by Digital_2012

[dx100uk]

5 hours ago, Digital_2012 said:

I have got the CCJ Judgement I paid to get it and it's showing Derbyshire address

 

but the judgement is in your name ....

 

interesting.

 

dx

 

[Digital_2012]

Looking at this article there is 5 hours free parking and I exceeded 1hour??

 

Chesterfield taxi driver slapped with £100 parking fine – after dropping off a customer | Derbyshire Times

WWW.DERBYSHIRETIMES.CO.UK

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A Chesterfield taxi driver says he dropped off a customer at a leisure park in the town – and ended up...