Hx Parking/gladstones CCJ - Exceeded 1hrs Free - McDonald's Alma Leisure Park Chesterfield CCJ issued thanks to useless parking fines ltd ***Claim Dismissed***

[FTMDave]

There is a slight mistake in your WS, there should be "an" before "Litigant -in-Person".

 

You mention a covering letter.  There's no need for once.  However, thinking about it I would include a covering letter.  Postage will be the same for two sheets of A4.  Let's try to "encourage" them to drop the case.  How about -

 

 

Dear Will & John, or

Dear Gladdys, or

Dear Gallstones, or

Dear (insert an insult of your own choice),

 

Re: your client HX Car Park Management Ltd., claim no.XXX,  PCN no.XXX

 

in accordance with the court order of 8 April I enclose my "concise written response" to the Witness Statement the court ordered you to send me by 29 June.

 

My reply is incredibly concise given you've been too bone idle to bother complying with the court order.

 

I have already informed the court that you didn't send me a Witness Statement and have reiterated the same in this document.

 

Do people really pay you for legal "representation"?  I could do better myself and I've never studied law in my life!

 

Good luck in explaining away your constant defiance of the Court's orders to the judge!

 

Yours,

 

 

If the other regulars don't disagree, and if there is nothing in the post from Gladdys tomorrow, e-mail the court the new WS in the usual way, and with the usual 1st class post plus free CoP send Gladdy's their copy with the covering letter.  They won't like it!

[Digital_2012]

@FTMDave ok i have edited the ws please check again 

 

IN THE COUNTY COURT SHEFFIELD

CLAIM NO: xxx

HX PARKING LTD (CLAIMANT)

VS

Xxxx (DEFENDANT)

 

Date: 9th July 2022

 

Witness Statement

 

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

 I was the registered keeper of the vehicle xxxx.

 

 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.

 

Although i am an Litigant-in-Person, i respected the court's deadline of 29 June to serve and file my Witness Statement. Vice versa neither the Claimant nor their solicitor have sent me a Witness Statement or any documentation.

Therefore it is impossible for me to give a written response to their case by 13 July as required by the Court since there is nothing to comment upon.

 

I would respectfully request the court to not allow as evidence anything that the Claimant or their solicitor might later file and serve, as it would be in blatant disregard for the Court's directions.

 

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]

It's fine, well done.

 

Obviously change the date to the 12th.

[Digital_2012]

@FTMDavethanks here is the covering letter please check if all ok

 

 

Date: 12th July 2022

Dear Gladstone,

 

Re: Claim Number xxx/xxx.xxx /xxx , your client HX Parking.

 

in accordance with the court order of 8 April I enclose my "concise written response" to the Witness Statement the court ordered you to send me by 29 June.

 

My reply is incredibly concise given you've been too bone idle to bother complying with the court order.

 

I have already informed the court that you didn't send me a Witness Statement and have reiterated the same in this document.

 

Do people really pay you for legal "representation"? I could do better myself and I've never studied law in my life!

 

Good luck in explaining away your constant defiance of the Court's orders to the judge!

 

Yours,

 

 

 

 

 

 

 

 

 

 

 

 

 

[FTMDave]

[Digital_2012]

Thanks @FTMDave now i am going to print the covering letter and defence so can post it tomorrow if no correspondence arrives from gladdys

 

[Digital_2012]

Again nothing received from fleecers today

[FTMDave]

Good news.  The judge won't be impressed.

[brassnecked]

Yes excellent, might get Gladdys a tolchok for their non compliance over and above losing the case.

[Digital_2012]

I have posted them today by 1st class obtained proof of posting also sent email to the court as well

Edited July 12, 2022 by Digital_2012

[Digital_2012]

Complete silence from fleecers are they really going to fight the case?

[FTMDave]

I don't want to tempt fate by going into what might happen.  They are certainly doing their client no favours.  Fortunately!

 

As the case isn't till September it's in their interests though to faff around for the moment in the forlorn hope that the prospect of court will terrify you.  Don't expect a decision fast.

[honeybee13]

This happens often, sadly. You may not hear until it goes down to the wire.

 

HB

[Digital_2012]

Okay as i disagree with the hearing on paper so it means now i should receive new date with court hearing?

[FTMDave]

The Court hearing is already fixed for September.  Just it will be in person, not on the papers.

[Digital_2012]

@FTMDave okay thanks 

[Digital_2012]

UPDATE 

 

HI guys finally received  fleecers WS and exhibits will upload shortly 

 

While reading there WS i caught them up lies and one of the biggest lie was that McDonald's was only opened till 10pm but reality is that the McDonald's is opens 24 hours can see clearly in photographs 

 

 

 

Edited July 15, 2022 by Digital_2012

[brassnecked]

that  could be used somewhere to cast doubt on their case  potentially

 

[Digital_2012]

Please find the attached Fleecers WS and exhibits

Gladstone WS.pdf

[FTMDave]

The weekend is upon us so there is a bit of time to prepare a response.  How about this as a first suggestion? -

 

(Obviously with the usual WS heading and footnote added).

 

(What are they wittering on about in their point 12 about you saying they were misleading the court?)

 

 

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 a 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.

Edited July 15, 2022 by FTMDave
Extra info added

[Digital_2012]

@FTMDave i was in the McDonald's for roughly 1 hour 50 mins as me and my friend were eating in.

 

I am preparing a draft of  concise response.will post soon i would also like to add opening times of McDonald's its 24 hours and fleecers say it was open till 10pm

Edited July 15, 2022 by Digital_2012

[Digital_2012]

@FTMDavethey are explaining in point 12 in response to my point 7.7 which says that i no longer use email for this case communication but still they contacted me via email

Edited July 15, 2022 by Digital_2012

[FTMDave]

52 minutes ago, Digital_2012 said:

i would also like to add opening times of McDonald's its 24 hours and fleecers say it was open till 10pm

No they don't, they say "bar McDonald's".

 

8 minutes ago, Digital_2012 said:

@FTMDavethey are explaining in point 12 in response to my point 7.7 which says that i no longer use email for this case communication but still they contacted me via email

Yes, sorry, I'd forgotten that point.

 

53 minutes ago, Digital_2012 said:

@FTMDave i was in the McDonald's for roughly 1 hour 50 mins as me and my friend were eating in.

OK, understood, my post above altered.

[Digital_2012]

Here is the draft of concise written response. Please check

 

IN THE COUNTY COURT SHEFFIELD

CLAIM NO: XXX

 

HX PARKING LTD (CLAIMANT)

VS

XXX (DEFENDANT)

 

Date: 12th 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.

Edited July 15, 2022 by Digital_2012

[FTMDave]

Nooooooooooooooooooooooooooooooooooooooooooooo!

 

I inadvertently complimented Gladdy's by writing in (2) "Incredibly professional solicitors".

 

I meant of course "Incredibly, professional solicitors".

 

Put the comma in!