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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 - continued.


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Copy of FTM Dave post from original topic.

 

IN THE COUNTY COURT SHEFFIELD 

 

CLAIM NO: 

 

HX PARKING LTD  (CLAIMANT)

VS

 (DEFENDANT)

 

Date: 2nd March 2022

 

Witness Statement

I ... of...... will state as follows:

 

I am the defendant in this case and I make this WITNESS STATEMENT in support of my application to set aside the judgement which was heard at the COUNTY COURT BUSINESS CENTRE on 9th June 2021.

 

I make this WITNESS STATEMENT from information and facts within my own knowledge and which I believe to be true. 

 

I am requesting to reinstate my case because a third party changed my address and filed Acknowledgement of Service without my knowledge and permission.

 

1.  I received a parking charge notice in August 2020.  I then found a website called Parking Fines Ltd., who claimed that they dealt with these cases for £18 and they had a very high win rate.

 

2.  I paid this company.  This company filed an appeal with the parking company which was rejected.  This company then advised me they would only contact the parking company when I received the N1SDT claim form.

 

3.  In early March 2021 I received the N1SDT claim form and then I contacted Parking Fines Ltd. for help and they agreed to provide me with a written defence.

 

4.  After a few days the Parkings Fined Ltd. company dissolved.

 

5.  I was communicating with them through WhatsApp and they never mentioned that they would change my address or carry out any unauthorized activity without my permission or my knowledge (exhibit XXXXX).

 

6.  I submitted the defence on 13th March 2021 via e-mail.  Afterwards I did not hear anything from the court. 

 

7.  I recently rang the COUNTY COURT BUSINESS CENTRE to find out any update on my case and I was told that the address for service had been changed and that I had lost the case by default at Directions Questionnaire stage.

 

8.  The fact is that I did not return the Directions Questionnaire because i never received it at my address, Parking Fines Ltd. had changed the address for service without informing me.

 

9.  I attach a copy of the defence I initially filed and which I intend to use to fight the claim if it is reinstated exhibit XXXXX).

 

10.  I attempted to persuade the Claimant to agree to a set aside by consent but they did not reply to my communication (exhibit XXXXX).

 

11.  I hope you will consider my request and reinstate my case so I can contest it again.  I attach a draft of the order I would request the court to make (exhibit XXXXX). 

 

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

OK, I've had a go at doing up the English and cutting out some of the more waffly bits.  You need to be brief and to the point and let the judge know why you didn't defend.

 

I think you need to attach your defence as an exhibit.

 

You also need to include a draft of the order you would like the court to make.  Look at Andy's post 67 here https://www.consumeractiongroup.co.uk/topic/439264-unknown-vcs-ccj-bristol-airport-stopping-in-a-zone-where-stopping-is-prohibited-was-abroad/page/3/#comments (if you can't find it in post 67 look a couple of posts above and below, sometimes the post count goes wonky).       

 

Check what I've written for accuracy, sometimes I couldn't grasp what you were trying to say so had to guess.

 

Your Statement of Truth is out of date and needs to be changed.

We could do with some help from you.

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Copy of OPs response.

 

Thanks for editing the WS.

 

I already sent the defence on 13th March 2021 to the court also i emailed the consent form to HX parking ltd but no reply. 

 

Do i have to attach consent form witb WS to the court? No the claimant has not agreed to a consent

 

When you say the statement of truth is out of date so what shall i change in statement of truth

 

edit 

 

 “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.”

We could do with some help from you.

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Exhibit refers to a document you wish to rely on or refer to within your statement...so as above you attach a copy of that document referred to and number it accordingly.

 

9.  I attach a copy of the defence I initially filed and which I intend to use to fight the claim if it is reinstated exhibit XXXXX).

 

10.  I attempted to persuade the Claimant to agree to a set aside by consent but they did not reply to my communication (exhibit XXXXX).

 

11.  I hope you will consider my request and reinstate my case so I can contest it again.  I attach a draft of the order I would request the court to make (exhibit XXXXX). 

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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@Andyorch

 

Right ok i understand so my WS almost done i will also attach what'sapp communication as exhibit as well.

 

Now draft order again almost completed last line it says cost in the application i did not pay 255 fee with n244 form and i am granted phone hearing on 16th March. So do i have to include costs or shall i remove last line or write no costs in this application?

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You don't refer to a Draft Order as an exhibit.....if you are exempt from fees then there is no need to request as a costs in the order.

We could do with some help from you.

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11.  I hope you will consider my request and reinstate my case so I may defend this claim

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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Or better....

 

11. It is respectfully requested that the judgment be set a side as I believe I have a legitimate reason to defend this claim.

We could do with some help from you.

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!! Update !!

 

HI guys,

 

Received an email from Gladstone solicitors acting on behalf of Hx parking with attached witness statement please fine the attachment file. Thanks

 

 

"Dear

 

Please find attached by way of service upon you the Claimant’s Witness Statement in response to your application.

 

Without intending any discourtesy to the Court and the parties, the Claimant confirms further to Paragraph 40 of the attached Witness Statement that it will not be attending the hearing.

 

We confirm the Court have been asked to consider the attached in place of the Claimant’s attendance and we await an order in due course.

 

Yours sincerely"

Hx parking- Witness Statement (D)(1)-Reduced.pdf

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non attendance almost guarantees you a win.

 

 

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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Bit obv...

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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Well done  👏

 

Good to see that the unemployed law graduate reduced to ekeing a living with Gladdy's completely wasted their time writing that stupid WS.

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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  • 2 weeks later...

!!! Update !!!

 

Hi guys 

 

Received N24 form today which confirms that default judgment be set aside.

 

Please see the attached document i need little bit advice regarding the point 5 where it says defendant file directions questionnaire by 14 days 

 

Thank you

 

 

 

 

 

 

 

n24 form.pdf

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3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

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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Yep

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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  • 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 - continued.

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