HXCPM - Claim form - No stopping ( 1 Minute) - Everything ignored - Shell Garage Site 1085, Salterhebble, Halifax, HX3 OQE

[lee19921992]

1 Date of the infringement 12/10/2023

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 16/11/2023
 

3 Date received UNSURE
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] NO
 

5 Is there any photographic evidence of the event? YES
 

6 Have you appealed? [Y/N?] post up your appeal] NO
 

Have you had a response? [Y/N?] post it up N/A
 

7 Who is the parking company? HX CAR PARKING MANAGEMENT LTD

 

8. Where exactly [carpark name and town] SHELL GARAGE, HX3 0QE
 

For either option, does it say which appeals body they operate under.

NO
 

Hello Guys, I'm currently helping my neighbour with the above (shes only next door) , she has sent me whatsapp on the parking charge and the notice to keeper, which she ignored but unfortunately she had a LOC which she also ignored.

i have so far:

done acknowledgment of claim

sent CRP request to sols.

she said she went to the shell garage to put petrol in, however before she entered the carpark her phone rang and she pulled over to answer it, next thing this arrives in the post.

the time stamp is 1 minute on a "no stopping zone". i have reassured her with all the knowledge i have learnt over the years on the site, reading ect but whats everyones thought. i think they are playing a dangerous game and will discontinue this.

 

 

 

 

PCN and NTK.pdf

[dx100uk]

thread title updated

 

[lee19921992]

Which Court have you received the claim from ? Civil National Business centre

Name of the Claimant :       HX CAR PARK MANAGEMENT SERVICES LTD FY8 5AY   

Claimants Solicitors: GLADSTONES SOLICITORS WA1 1PP

Date of issue – 15/03/2024

Date for AOS - 19/03/2024

Date to submit Defence - 21/04/2024

 

What is the claim for – 

1. THE DRIVER OF THE VEHICLE WITH REGISTRATION +++++ (THE "VEHICLE") PARKED IN BREACH OF THE TERMS OF PARKING STIPULATED ON THE SIGNAGE ("THE CONTRACT") AT SITE 1085 SALTERHEBBLE HALIFAX HX3 0QE, ON 12/10/2023 THUS INCURRING THE PARKING CHARGE (THE PCN).

2. THE PCN WAS NOT PAID WITHIN 28 DAYS OF ISSUE.

3. THE CLAIMANT CLIMS THE UNPAID PCN FROM THE DEFENDANT AS THE DRIVER/KEEP OF THE VEHICLE.

4. DESPITE DEMANDS BEING MADE, THE DEFENDANT HAS FAILED TO SETTLE THEIR OUTSTANDING LIABILITY. 

5. THE CLAIMANT CLAIMS £100.00 FOR THE PCN, £60.00

CONTRACTUAL COSTS PERSUANT TO THE CONTRACT AND PCN TERMS AND CONDITIONS,

TOGETHER WITH STATUTORY INTEREST OF £4.25 PERSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8.00% PER ANNUM, CONTINUING AT £0.04 PER DAY.

What is the value of the claim? £164.25

Amount Claimed £249.25

court fees £35.00

legal rep fees £50.00

Total Amount £249.25

Have you moved since the issuance of the PCN? NO

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? YES - SHE IGNORED

[lee19921992]

Sorry, there is more on the back page of each letter about POFA, I'll upload it tomorrow 

[lookinforinfo]

The NTK [as usual] does not comply with the Protection of Freedoms Act 2012 Schedule 4 for so many reasons. For example Section 9 [2][e] states "

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges"

Nowhere does the PCN invite the keeper to pay the charge. That means that the keeper is  not liable to pay the PCN. As your neighbour has not appealed [well done] HX do not know who was driving.  The Courts do not accept that the keeper and the driver are the same person so HX will have a very hard jot proving who was driving at that time.

In any event, "No Stopping " cannot form a contract with motorists as as it is prohibitory. On top of that the IPC Code allows a five minute Consideration period. Furthermore there is no parking period time mentioned on the PCN which is another thing that should have been included on the PCN.

So tell your neighbour that there is nothing to worry about-just never admit who was driving.

[Nicky Boy]

10 hours ago, lee19921992 said:

THE VEHICLE WITH REGISTRATION +++++ (THE "VEHICLE") PARKED IN BREACH OF THE TERMS

Well, it looks like they've shot themselves in the foot there... POC's say "Parked", PCN says "STOPPED"

Also, in the last paragraph on the PCN, they are blatantly stating that the OP will be charged £60 for sending a PAPLOC.

Highly questionable.

[lookinforinfo]

Under PoFA if the keeper has not provided the name and address of the driver and not paid the PCN within 28 days the keeper then becomes responsible for the charge. So they should only be pursuing the keeper not the driver as well. It should be one or the other, it cannot be both. Typical of Gladstones.

Then trying to charge an unlawful £60 . Talk about scraping the bottom of the barrel.

[lee19921992]

Just a moment...

WWW.HALIFAXCOURIER.CO.UK

 

[FTMDave]

As this bloke is apparently all over social media, it would be a good idea for your mate to contact him and ask if she can quote his case as a persuasive case in her WS. 

The claim number is the most important bit, and then anything else he would be willing to state - judge name, court name, hearing date.