HX operator capture vanishing windscreen PCN CCJ - Tesco Car Park, Willowbrook Centre Savages wood road Bradley stoke BS32 8BS

[FTMDave]

Well it's as thought, you have 28 days from 1 November to pay the fleecers, if you do, the matter ends there.

 

Naturally you don't want to pay the conmen a penny, but I don't know if that's feasible given you have judgement against you.

 

A question for the other regulars.  Is it possible to apply to set aside judgement between judgement being made and a CCJ being issued?  I've never seen a case like the OP's before.

 

 

[dx100uk]

the CCJ has already been issued , i suspect it already shows on credit files, if it is paid within the time limit Northants bulk remove it themselves from the public records section.

now worthy of note is what is on their PCN:

Contravention of Terms or Conditions:
Exceeded the 10 minute maximum time allowed In Loading bays

there is no such rule on tesco land and no such sign that says you cant stay there more than 10mins if not loading.

this is not in their poc either.

i pretty sure there are lots more 

are you nearby there please?

Quote

i am familiar with HX as they have tesco parking contracts across england, and i've had 2 people check and there are no such signs anywhere that say that and its not on the small print of their larger signs that state the conditions,

go get photos please.

HX have flown a kite here.

lets not keep blowing wind to keep it aloft...

we might be offering them to cancel this by mutual consent but we need photos...any chance?
 

[Aaliyah_11]

DX100UK,

Thank you for your comments.

To be honest I am not fully following with you jargon

Here are two photos (the green signs is a big sign located as you drive into the car park area and the other is by the 10mins bay;

there are also mini versions of the green signs on the actual elevation of the building adjacent to the loading bay but not readable unless you stand literally by the wall!

- i only took a photo of the mini ones not the main entrance one..). If you need more photos please let me know.

Aaliyah11

Photos tesco.pdf

[FTMDave]

You have three options, all pretty unpalatable.

 

1.  Pay the fleecers their £274, then the matter is over.

2.  Apply to the court to set aside judgement, a pretty painless process, and that will cancel the judgement and give you the chance to fight the fleecers in court.  However, it will cost £255 which you're highly unlikely to see ever again.

3.  Defy the court and refuse to pay.  You'll probably not have to pay a bean.  But the CCJ would be set in stone and would knacker your credit file for six years.

 

This is a pretty horrible choice but that's the law in England & Wales and you need to decide which is the least worst for you, as the few days left are ticking away.

 

What dx is doing is a different version of (2) - to gather evidence to try to embarrass HX into consenting to the set aside, which would only cost you £100.  However, this is not bound to work and you need to decide what you'll do if the plan doesn't work.

[dx100uk]

fees have go up today i see

 

£275 to apply to set aside win or lose

£108 consent order

 

 

[dx100uk]

ear..

off the cuff and odd ball thoughts here:

what were you doing at the loading bay obv you were not using the tesco pick up scheme were you?

just parked there for 14 mins whilst you did??

 

have you appealed to tesco at all?

 

 

 

 

[Aaliyah_11]

DX100UK,

 

I parked there as as i needed one item from Tesco but the queue was longer than expected so took more than 10mins (they dont have to know that). I do realize that  shouldn't have parked there but that's not the point here:(

 

And no, I didnt speak to Tesco.

 

Aaliyah11

Edited November 12, 2021 by Aaliyah_11

[AndyOrch]

Quote

DX100UK/FTM Dave,

 

I have just gotten a letter through the post from Gladstone Solicitors. Please see attached.

 

Aaliyah11

Upload unapproved...names and personal details showing.

[Aaliyah_11]

DX100UK/FTM Dave,

 

(Apology, was keen to scan ASAP and forgot about the scanning guidance - see attached now).

 

I have just gotten a letter through the post from Gladstone Solicitors. Please see attached.

 

Aaliyah11

Gladstone Solicitors Nov 21.pdf

[dx100uk]

Your choices:

you write to tescos stating hx issued a parking ticket against you in march 2021 but you did not park there for more 10mins. There is no proof on the inc copy of the pcn of such. Please cancel this. (Carefully not mention ing anything else) if they do then that can be used to remove the ccj via consent to hx foc to you.

 

Front hx out that there is no proof you were there for +10mins but thats not what the poc says so pointless!!

 

Pay rhe ccj before deadline.

 

id get onto tesco today. Might work!!

[Aaliyah_11]

DX100UK,

 

Thank yo for your reply.

 

I am struggling to understand this part of your msg:

7 minutes ago, dx100uk said:

Front hx out that there is no proof you were there for +10mins but thats not what the poc says so pointless!!

 

SO all in all it seems I need to pay the CCJ anyway:(

 

Aaliyah11

[dx100uk]

HX havent said in the POC that you exceeded any 10mins rule so fronting them out on that one point - hoping they cave in - is pointless.

however if tesco demand HX or they cancel the original ticket - then they might well

 

id say its worth a punt at tesco today you've a few weeks buffer before you need to pay 

 

you never know and its free!

[Aaliyah_11]

DX100UK,

 

I see...fair point.

 

 

I have just spoken to Tesco complaint department and they said there isnt anything they can do as its not them who issue the ''ticket'' and i need to dispute with HX directly and not Tesco.

 

Aaliyah11

[dx100uk]

rock and a hard place...

 

i dont doubt that if you were to try set aside and get a new hearing that the fact theres no proof you were there +10mins would stand a good chance of a win and poss get your fee back, but there are too many variable here that might play a part. 

 

for the same 'price' you have a guaranteed no show of the CCJ with little unknown hassle....

 

see what others think mind...

[AndyOrch]

And not guaranteed that your costs for the application would be reimbursed ,for the same amount I would pay and be done with it and chalk it down as a lesson learned.

[Aaliyah_11]

Guys,

 

Thank you all for your help and advise. Paying those ''scammers'' was something I wanted to avoid to be honest but i guess I am left with no option. Anyway, it is what it is. Yes it is definitely a lesson learnt.

 

Thank you again.

 

Aaliyah11

[FTMDave]

There are 17 days left.  Surely it's worth trying a few things.  Might get nowhere but nothing ventured ...

 

How about getting on to Tesco's CEO with proof you were a genuine customer and you want the ticket cancelled  https://www.ceoemail.com/s.php?id=ceo-9138

 

[AndyOrch]

Its a bit closing the stable door after the horse has bolted Dave...Tesco cant revoke a judgment.

[FTMDave]

Yes, point taken.  It was more that if Tesco were on side it would be a stick to beat HX with and push them towards a set aside with consent.

 

I suppose the OP could still approach HX.  If this was a CCJ from months ago, and HX had never been paid, they might be persuaded in the hope of getting some money at some point.  But here they know the OP still has 17 days to pay.  Sad to say, but sometimes the towel has to be thrown in.

 

 

[Aaliyah_11]

Guys,

 

Thank you again. I will sleep over it and decide what to do.

 

I still cannot believe that they can do that to people for nothing! its disgraceful.

 

Aaliyah11

[Aaliyah_11]

Good Morning all,

 

I still haven't decide what my course of action is going to be  my head is a shed and making a decision is more than i can handle atm  Once i do i will let you know.

 

Once again thanks for your invaluable help.

 

Aaliyah11