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 · July 16, 2022

Now check again

IN THE COUNTY COURT SHEFFIELD

CLAIM NO: XXX

HX PARKING LTD (CLAIMANT)

VS

XXX (DEFENDANT)

Date: 16th July 2022

Witness Statement

I, Mr XXX, of XXX am the Defendant against whom this claim is made.

I was the registered keeper of the vehicle XXX.

The facts in this statement come from my personal knowledge. Where they are not within my own knowledge they are true to the best of my information and belief.

1. The Court invited me to file a "concise written response" to the Claimant's Witness Statement by 13 July. i did so on 12 July.

Unfortunately I was unable to write much as I had received no Witness Statement from the Claimant.

2. The Claimant's Witness Statement did finally arrive dated 13 July and received on 15 July, a full 16 days after the Court's deadline of 29 June. I would respectfully ask the Court not to allow the Witness Statement as evidence. Even though I am an Litigant-in-Person, I respected the Court's deadline, “Incredibly professional solicitors” representing the Claimant did not.

3. Should the Court instead allow the Claimant's Witness Statement, I would ask that the following be considered as my "concise written response". I will refer to paragraphs in the Claimant's Witness Statement.

4. Para 4. I have shown the Court how the signage appears to a motorist visiting the site, and in particular McDonald's, around midnight. The Claimant has not. The reason is that there are no visible signs. All the Claimant has shown, I reiterate, is misleading close-ups of signs in daylight. I also reiterate that even if the driver had seen the signage - they did not - the mention of a £100 charge is literally the last word on the last line of a long board of text.

5. Para 6. It is certainly true that no-one would spend more than five hours in McDonald's. The driver spent 1 hour and 50 minutes, a reasonable time. What is unreasonable is to cut a 5-hour free parking limit during the day when the car park is full and parking spaces are at a premium, to 1 hour after midnight when the car park is mostly empty. There is no reason for this unfair term save to try to catch out cinema goers and late-night diners and thus issue PCNs. Ditto for the non-existent signage.

6. Para 8. The Claimant's solicitor can argue all they want that black is white and white is black, but nowhere in the contract is it stated that the Claimant can bring court claims under their own name. There is not even an attempt to quote such a passage because it doesn't exist.

7. Para 9. A biased, breakaway trade association does not decide what is lawful and reasonable. This is decided by legislation and the law in England & Wales. Both Schedule 4 of the Protection of Freedoms Act 2012 and the government's Code of Practice published in February and based on the Parking (Code of Practice) Act 2019 disallow these extra charges over and above the £100 of the PCN.

8. Para 11. The Claimant again fails to show planning permission and does not deny that planning permission has not been obtained - lack of planning permission is a criminal offence under the Road Traffic Acts 1962 and 1991 and no contract can be performed where criminality is concerned.

Statement of Truth

I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

**FTMDave** · July 16, 2022

The second paragraph should be -

2. The Claimant's Witness Statement did finally arrive dated 13 July and received on 15 July, a full 16 days after the Court's deadline of 29 June. I would respectfully ask the Court not to allow the Witness Statement as evidence. Even though I am a Litigant-in-Person, I respected the Court's deadline. Incredibly, professional solicitors representing the Claimant did not.

Digital_2012 · July 16, 2022

Ok here is another one