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    • Homer did say not to contact DR+.   If that's all the paperwork you have, sit tight and see if a letter before claim/action turns up. If you get one - and you may not, come back here and we'll help you to write back.    Or if you get more threatograms, let us know and we'll let you know if you need to take any action. In the meantime don't write to anyone and keep any correspondence for now.    HB
    • Hi DX   That is the only info letter I have we can't locate the first letter or original parking fine notification My wife said there wasn't  anything on the car windscreen. Do I ask the DC for the original notification ?   what shall I do just wait until they pursue through court ?   apologies for lack of info  Cancookwill
    • Hello, I've been following this thread and have some experience to share... Stand by for lots of words.   About 6 weeks ago, the engine seized on my car - 10 days before planning to use it for our 2 week trip around the UK!  I searched the internet for companies who could replace/rebuild the engine and get it back to me in time... One company that came up was 169 UK. I called the number and explained my predicament and the chap on the phone (who called himself Lee - I'm not convinced this was his real name) promised that if the vehicle got to him the next day or so, he'd have it done in time for our holiday!. He gave all kinds of reassurances about the types of vehicles they work on, from Porsches etc, even people from Spain taking their cars to him.. All work came through 3rd party websites (how i'd found them too) so you generally wont find reviews.    I was weary going into this, but you got to put your faith somewhere, right? so off it went on a trailer to Essex. NOW... I'd already asked where it would be going and I also tracked it by leaving a mobile phone hidden in the car. Interestingly, the place i was told i'd be collecting it from was not the same place the recovery guy (called Patrick?) told me he was delivering it to..    Anyway, they get the car and straight away tell me that the sump is full of diesel and that my ECU is faulty and its locked open one bank of injectors - causing the failure. All of this is feasible, but it meant that the car would not be ready in time for my holiday  He also tells me the DPF's (i'm sure it only has one, but he referred to there being more) were also completely blocked solid and needed to be dealt with (in this case, drilled and mapped out - which is also illegal) All of these little extras have now taken the cost from £3500 to nearly £5000  - as he was " putting together a special package for me" I tell him ok, i'm now away for 2 weeks so you have a little more time, i'll collect it when i get back.  I call him on the Friday before we travel home, asking how its going... he says "well, we aven't done it.. you said you were gonna be away for 2 weeks" apparently he marked to dairy wrong. So i call him again on the Monday following, I say I want to collect it that Thursday... not unreasonable. He then starts with the excuses that he has loads of guys off sick at the moment etc.. BUT, The car IS in the workshop and the boys ARE getting on with it. I say, OK.. but keep me updated daily as i need to make arrangements to come and get it. Tuesday passes without a word, so Wednesday morning i txt him asking for an update. He called me back around and hour later to tell me that the ECU they sourced for me is also faulty (they tested it before fitting it as they're nice like that) and it has water damage so he has to get another one, but that isn't going to get to him until the following Tuesday - which brings us up to this week.   Everything up until this point has been feasible if not a little annoying, BUT here is where is gets good...  On Sunday i happened to be in Essex on other business so decided to swing by Basildon and see if i could find my car. Knowing where it had been dropped off before the tracking phone died, i had a good idea where to look. And i also had the address of the garage where i'd be picking it up from. Hoping to not find it too easily - after all, it was being worked on on the Monday; Imagine my surprise to find it in the exact location it had been dropped off 4 weeks previously!  I lifted the bonnet - nothing had been touched.  The amount of dust on the bodywork and distinct lack of any hand prints etc strongly indicated that nothing had been touched and it certainly hadn't been moved in all that time. He may well have taken the ECU out to test but put it back, that's easy to do - but there is now way to tell from there that the DPF is blocked without removing it, or having full access to the ECU - which is faulty, remember?  It had all been LIES.  Now i am annoyed, but informed and he doesn't know that i know he's been lying to me.  I spent the next couple of days talking to various people i know and arranged my own recovery to get the car back - even if that meant effectively stealing it back. Long story short, i had it collected and got it back to me last night.  The guy who collected it went to the garage i'd been told i'd be collecting it from - Unit 28 Noble Square( Essex car and Commercial) and asked for Lee... Low and behold no-one by that name works there and the car (and others parked in the same place) were nothing to do with them! but then one guy did say "oh hang on, i think i know who you mean, let me give him a call"... 10 minutes later, 'Lee' showed up.  My man then had to endure conversation with this charlatan, but did glean some information that might be of interest.  "LEE" doesn't directly do any of this work... he takes on jobs, maybe up to 30 at a time and then farms them out to local garages. This explains why nothing had been done and why so many others get stuck in this net.   I was surprised that he was calm and didn't get the hump about me taking the car back, i still don't really understand what the scam is, but there definitely is one.  I think i've been very lucky that no money has been paid, i owe him nothing and i got out of there.  The amount of mental anguish and anxiety this has caused me has been extreme.  Now i'm back to square one, still with a broken car. But i'm only £500 out of pocket (for the recovery each way) and not £5k that it was supposedly going to cost... at some point, who knows when!     
    • Good luck from me as well Dixon, fingers crossed.    HB
    • Last time, the Judge provided me with, I would say, the most amount of time to speak. She started with HMRC, and they moved on to me. Essentially, since HMRC last responded to me (the original document I scribbled notes on), I feel it's right I should go first and just comment on each of their responses.   I'll leave sending that link to them, just in case HMRC then find something against it. I'll just bring it up, and mention the above quotes.
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Hx Parking/gladstones CCJ - Exceeded 1hrs Free - McDonald's Alma Leisure Park Chesterfield CCJ issued thanks to useless parking fines ltd. Pt.1.


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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

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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.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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

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

use our enhanced  google search box

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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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?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

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?

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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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 by dx100uk
added A few blank lines only..dx
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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

 

We could do with some help from you.

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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 by dx100uk
added A few blank lines only..dx
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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 .

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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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

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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. 

We could do with some help from you.

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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 by dx100uk
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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).

We could do with some help from you.

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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 ...

We could do with some help from you.

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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 by Digital_2012
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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.

 

 

We could do with some help from you.

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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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Is the above intended for the judgment claimant ?

 

 

 

.

We could do with some help from you.

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  • dx100uk changed the title to Hx Parking/gladstones CCJ - Exceeded 1hrs Free - McDonald's Alma Leisure Park Chesterfield CCJ issued thanks to useless parking fines ltd. Pt.1.
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