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]

Okay now i need to gather evidence from the car park where the pcn is issued. It was night time when i went there for the meal around 12am i think. You can hardly see any visible things i will go to the same car park same time to make a video then you guys will get better understanding

[dx100uk]

you need to add to your to be filed soon .... you found no council planning permission granted for the hx parking signs cameras and poles, nor have you found any legal authority that has granted permission for hx parking to limit free parking to 1hrs.

 

 

[Digital_2012]

I have contacted planning permission several times they dont answer on the phone sent emails but still no reply so now i rely on my defense 

 

Can anyone give good witness statement template so i can edit and send the one on sticky threads is not very similar so its difficult to edit that one

[dx100uk]

There are 10's of ' pcn claimform witness statements' here which you can adapt

use our enhanced  google search box

[FTMDave]

Your WS just needs to be brief, you're just applying for a set aside.

 

The proper court battle with HX will come much later.

 

Just concentrate on why you did not receive the court papers and a skeleton list of the reasons why you would defend in a rematch.

[Digital_2012]

Ok so when i have to file ws do i have to send b4 the hearing i mean like sending by email to ccbc?

[dx100uk]

you follow the judges directions/orders contained on your notice of allocation n157 ...yet to come as you've no date yet for the hearing?

[Digital_2012]

No not received anything yet

[Digital_2012]

Update:

 

HI guys i have received N244A letter today with telephone hearing scheduled. I have attached the letter please have a look and advise me what to do next. Thanks

N244A.pdf

[FTMDave]

Well the order says to e-mail the court your phone number ASAP, so do so.

 

It says you have to file any evidence 24 hours before the hearing so get on with preparing a draft of a Witness Statement plus a draft defence.

 

Have you contacted the fleecers to ask if they will consent to set aside?

 

 

[Digital_2012]

Hi

 

i have sent evidence with the N244 when i applied to set the order aside and i wrote on the form that why i didn't reply to their letter because third party Changed my address. 

 

I did not contact hx parking ltd regarding set the order aside

 

. I will provide them my phone number, do i have to file the defence to set the order aside as well?

 

I filed defence in March 2021 for PCN.

 

Also witness statement - where do i get the template and do i have to send to CCBC or the email they provided in the N244A form? Thanks

Edited January 16, 2022 by dx100uk
added A few blank lines only..dx

[FTMDave]

The best way to understand the procedure with set asides is to read threads where someone has successfully got a set aside.

 

Read this thread from post 39 to the end, it will answer all your questions  https://www.consumeractiongroup.co.uk/topic/439264-unknown-vcs-ccj-bristol-airport-stopping-in-a-zone-where-stopping-is-prohibited-was-abroad/page/2/#comments

 

[Digital_2012]

Thanks for the reply

 

i have read that thread from post 63# but i am still little bit confused. 

 

Do i have to write a WS if yes then do i have to write similar stuff which i wrote in section 10 in N244 form.

 

The Court says if appropriate both parties exchange the draft order it means i have to send the draft order to hx parking ltd to agree to set aside?

Edited January 16, 2022 by dx100uk
added A few blank lines only..dx

[Gick]

There is little point asking questions if, when given a direction such as that by FTMDave above, you decide that instead of reading a thread from post #39, you read from #63 and think that it will give you answers.

 

This Forum is self help, so it is incumbent on you to do just that .

[Digital_2012]

Hi Gick thanks for pointing out my typo mistake i meant post 39# i will try to read that thread again because the op the thread has a bit different situation as She was not the driver and she was abroad so she could not defend or reply to the correspondence in the UK but i will try to read it again to understand property . Thanks

[FTMDave]

Yes, you will have to prepare a WS which will essentially be the same as what you wrote on the N244. 

 

It is worth asking the fleecers to consent to a set aside. They can only say no. 

[Digital_2012]

Thanks FTMDave for making things easier to taking next step .

So for now i have to submit WS PS.

i already Emailed my preferred contact number to the Court.

 

Also when you say emailing fleecers

do you mean Gladstone solicitor?

or the company HX parking ltd?

 

What shall i write to them would that be like a covering letter or like a draft order?

 

I remember when i submitted N244 the court said they will send the copy to fleecers also, so my understanding is that fleecers got the N244 already? 

 

Thanks

Edited January 17, 2022 by dx100uk
spacing

[FTMDave]

You should contact the company who are suing you, HX Parking.  Ideally this should have been done before you sent in the N244 which I think was dx's plan, so you could have threatened them with costs (yes, I know you have no costs but they don't know that!)  How about sending them -

 

Dear HX Parking,

 

Re: PCN no.XXXXX, Claim no.XXXXX,

 

as you are aware, this is a defended claim, and will be the subject of a set aside hearing on 16 March.

 

I would suggest that it would be in both our interests if costs were kept to a minimum and I would invite you to accept the attached Consent Order.

 

Whatever you decide, I will bring your decision to the attention of the judge.

 

Yours,

 

There is an example of a Consent Order in Zimbird's post 125 (the post count sometimes goes wonky, if you can't find it there look up a couple of posts and down a couple of posts).

[Digital_2012]

Excellent FTMDave your above post helped a lot i will copy the content and will send to HX parking ltd. I downloaded the consent order from Zimbirds thread please see the attachment if its the correct one.Thanks

Consent Form (1).pdf

[FTMDave]

Yep, that's the one,

 

Fill it in with yours and HX Parking's details and send it with covering letter.

 

You'll probably get absolutely nowhere but then again they might get worried about costs, and after all, nothing ventured ...

[Digital_2012]

Hi FTMDave,  i prepared the covering letter and WS but struggling with consent order, it seems like this is the consent order which already been agreed by claimant and asking defendant to sign. But i need consent order sample , which i can ask the claimant  to agree and sign. Thanks

Edited January 18, 2022 by Digital_2012

[FTMDave]

It's exactly the same as your situation, one party consented to set aside and invited the other party to agree.

 

You do the same, sign your bit and invite HX Car Park Management Limited to sign theirs.

 

 

[Digital_2012]

Ok here is the preview please let me know if it looks good or need changing for security i remove my details and address

 

 

IN THE COUNTY COURT SHEFFIELD

 

 

CLAIM NO:

 

BETWEEN

 

 HX PARKING LTD (CLAIMANT)

 

And

                                (DEFENDANT)

 

CONSENT ORDER

 

Upon the Parties having consented and agreed to the judgement set aside.

 

IT IS HEREBY ORDERED THAT

 

- The judgement dated 9th of June 2021 be set aside.

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

 

HX Parking LTD

161 Preston Road, Lytham St Annes

FY8 5AY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[AndyOrch]

Is the above intended for the judgment claimant ?

 

 

 

.

[Digital_2012]

Thanks Andyorch i will get back here once i have any update. Xx