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]

@Andyorch

 

Please have a look at Ws and edit as suggested earlier

 

Thank you

[AndyOrch]

Plenty of Parking claim,s experts here Digital ...I will pop back in if you do not get any assistance.

 

Andy

[Digital_2012]

@Andyorch okay hope some one edit the ws so i can send it to CCBC. Xx

[FTMDave]

6 hours ago, Digital_2012 said:

On 18/01/2022 at 18:22, Digital_2012 said:

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.

 

Edited March 2, 2022 by FTMDave
Updated

[Digital_2012]

On 05/11/2021 at 21:45, FTMDave said:

@FTMDave

 

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.”

[AndyOrch]

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.

[AndyOrch]

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.”

[AndyOrch]

Test

[Digital_2012]

Ok now i can reply here 

[AndyOrch]

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). 

[Digital_2012]

@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?

[AndyOrch]

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.

[AndyOrch]

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

[AndyOrch]

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.

[Digital_2012]

Okay thanks everything is done now going to submit this to CCBC will let you know if i receive any response from them. Xx

[Digital_2012]

!! 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

[dx100uk]

non attendance almost guarantees you a win.

 

 

[Digital_2012]

But i still have to attend hearing?

[dx100uk]

Bit obv...

[Digital_2012]

Okay. X 

[Digital_2012]

!! UPDATE !!

 

Just attended telephone hearing judge agreed to set the case aside.

[lookinforinfo]

That is very good news.

 

Maybe you are feeling  a little bit sorry for HX now?  Me neither

[Digital_2012]

@lookin4infolol big relief for me now i can move forward with the help of this forum

[FTMDave]

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.

[Digital_2012]

@FTMDave

Yeah I wonder they got time to write so many pages in WS for nothing