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]

!!! 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

[dx100uk]

 

 

 

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

[Digital_2012]

@dx100uk right ok i already have n180 form which is already completed i think the same i used for set the case aside.

 

When you said one copy to solicitors, means claimant's solicitor?

[dx100uk]

Yep

[Digital_2012]

@dx100uk ok thank you 

[happyparker]

 

What was the defence like that they logged on your behalf?

Edited March 31, 2022 by happyparker

[dx100uk]

See the 1st few posts and their pdf's.

 

Dx

[happyparker]

Sorry to say that Is an extremely weak version of the MSE template defence document.

 

Point 3 is the only part which appears to have been added in and IMHO a defence like that without alteration wont win.

 

Its a shame the court have not allowed a new defence to be logged.

Maybe you can rescue it with a good witness statement.

 

Time will tell.

[Digital_2012]

@happyparker its unfortunate that they not offered new defence to be filed but i am preparing a good witness statement,  photo and video evidence as a proof been the car park recently to capture the vids and pics

 

@dx100uk is there anyway if i can request the court a new defence to file ?

[dx100uk]

sorry HP

my internet is playing up

 

here is the link to the original thread

 

 

44 minutes ago, happyparker said:

Sorry to say that Is an extremely weak version of the MSE template defence document.

 

Point 3 is the only part which appears to have been added in and IMHO a defence like that without alteration wont win.

 

Its a shame the court have not allowed a new defence to be logged.

Maybe you can rescue it with a good witness statement.

 

Time will tell.

yep 

should never have filed that and the scammer from MSE charged for it too!!

 

@Digital_2012  you dont need too.

 

stop getting sidetracked by interlopers....

 

[Digital_2012]

@dx100uk ok

[happyparker]

Well good luck with your case and let us know when the hearing is and the out come 

[Digital_2012]

@happyparkerthanks and yes i will keep updating keep following this thread. Xx

[lookinforinfo]

Have you still got their WS for last years hearing. If so please post it up so we can have a laugh and advise you how to respond. it sounds as if they want to clobber you for more money this time round. They have more chance winning the Grand National without a horse than getting more money even if they did win which seems to be more unlikely than they think.

 

For a start their PCN does not comply with the Act so they cannot transfer the debt from the driver to you the keeper. And it is much more difficult to win when the driver is not known-they cannot assume in Law that the driver and the keeper are the same person.

 

 

[Digital_2012]

@LookingForInfo

 

https://www.consumeractiongroup.co.uk/topic/446738-hx-parkinggladstones-ccj-exceeded-1hrs-free-mcdonalds-alma-leisure-park-chesterfield-ccj-issued-thanks-to-useless-parking-fines-ltd-continued/?do=findComment&comment=5158543

Edited March 31, 2022 by Digital_2012

[Digital_2012]

Hi guys

 

Received directions questionnaire in email

 

Here is there email

 

We act for the Claimant and have notified the Court of the Claimant’s intention to proceed with the Claim. 

 

 

 

Please find enclosed a copy of the Claimant’s completed Directions Questionnaire, which has also been filed with the Court.  

 

 

 

You will note the Claimant has elected to mediate in an attempt to settle this matter amicably, without the need for further Court intervention. Should you agree to mediation, please inform the Court who will contact both parties to arrange a mediation appointment.

 

 

 

Yours sincerely

[lookinforinfo]

Thank you for posting their WS. It appears that they are pursuing you as the keeper  [re their point 19]. That is great for you as their NotIce to keeper is not compliant for two reasons. 

1] they have used the cameras recording your arrival and exit as the period of parking as required in PoFA. However the new Act clarifies that the ANPR times are not the same as the parking period which is when your car comes to rest in a parking bay which can sometimes be several minutes after arrival. Likewise the period of parking ends when you leave the parking bay not when you exit the carpark. {the fact that you might still have exceeded their time is irrelevant since it is the period of parking that is incorrect thus negating their ability to pursue you as the driver.

 

They then compound it by getting a second thing wrong

 

2] In Schedule 4 s9 [2][f] they have missed out some key words (if all the applicable conditions under this Schedule are met)

 

The sign at the entrance does not advise that there is only 1 hour parking after midnight so as not all their T&Cs are present at the entrance  there is no contract formed merely the sign offers an invitation to treat.

 

[Digital_2012]

@lookin4info i have been to the car park again and looked closely as view from a car they not even clearly visible in day time, the pcn i received was for the night and there is no way that you can see any clear instructions with naked eyes. I am pretty confident that i can prepare very strong ws with actual photographic evidence

[happyparker]

On 04/04/2022 at 13:16, lookinforinfo said:

Thank you for posting their WS. It appears that they are pursuing you as the keeper  [re their point 19]. That is great for you as their NotIce to keeper is not compliant for two reasons. 

1] they have used the cameras recording your arrival and exit as the period of parking as required in PoFA. However the new Act clarifies that the ANPR times are not the same as the parking period which is when your car comes to rest in a parking bay which can sometimes be several minutes after arrival. Likewise the period of parking ends when you leave the parking bay not when you exit the carpark. {the fact that you might still have exceeded their time is irrelevant since it is the period of parking that is incorrect thus negating their ability to pursue you as the driver.

 

They then compound it by getting a second thing wrong

 

2] In Schedule 4 s9 [2][f] they have missed out some key words (if all the applicable conditions under this Schedule are met)

 

The sign at the entrance does not advise that there is only 1 hour parking after midnight so as not all their T&Cs are present at the entrance  there is no contract formed merely the sign offers an invitation to treat.

 

 

that would be great if it had been mentioned in their defence, however apart from the template MSE stuff the only actual defence to this claim is that it wasn't clear signage so they cant go down the road now of denying being the driver and then it being defended as being the keeper.  So they would have to (and by the sounds of it) have a good defence on poor signage.  I had to double take but the defence said no clean signage!

Edited April 7, 2022 by happyparker

[Digital_2012]

@happyparker yes that defence prepared by Parking Fine LTD guy. Unfortunately i was not that good in reading and understanding the points of the defence.

 

Someone from MSE also pointed it out the same typo mistake in defence. 

 

Anyways now its been filed so now i have to focus on WS

Edited April 7, 2022 by Digital_2012

[Digital_2012]

Important update !!

 

HI guys received an important letter from the court please see the attachment.

 

Is this a partial victory?

 

 

Ccbc.pdf

[dx100uk]

no just std court practice in a claim... an N157 which you must abide by, by doing a witness statement 14 days before the date specified.

 

 

[Digital_2012]

@dx100uk so the date is 16th September 2022 so i have to file WS by 1st September 2022?

[dx100uk]

yes it says that quite clearly.

 

lots of ws's here to base yours on.

 

dx

[Digital_2012]

@dx100uk ok i will try to prepare a good ws with photographs etc also how early can i submit ws instead waiting for 1st September also if there is any good ws identical to my situation i would appreciate if you could help with it. Thanks