POPLA HX Car Park Management Ltd PCN V O & C Car Parks Ltd Ticket

Coupon-mad

just awaiting the mediation part to be over

We clearly advise NOT to enter into phone 'mediation' (= trying to persuade you to settle).

You should not be playing that game. Read the NEWBIES thread, post #2 of it, all about court defences.

Coupon-mad

We assume you have a hearing date by now, Spaniel101? You must have got to that stage and we hope you submitted your evidence and WS in good time before the hearing?

You can fight this, a registered keeper is not liable in a HX case, if the driver has never been evidenced/admitted.

Anyway, on pepipoo I've just seen a copy of a HX Notice to Keeper, which is NON-POFA:

http://forums.pepipoo.com/index.php?showtopic=119328

You can spot why, good research for people going to a hearing against HX, where the driver is not admitted or evidenced. This will be mentioned in your WS, assuming your NTK is the same.

CLUE: the important giveaway paragraph ends with the word 'driver'.

And here's a case where a poster won on that basis, explained the omission well to the Judge:

https://forums.moneysavingexpert.com/discussion/comment/73805827#Comment_73805827

spaniel101

Many thanks indeed Coupon-mad, just seen your last post as im about to start gathering WS. Hearing set for 7/6 so not much time (just had to move house in-between!!). I'll have a read of the above in the first instance.

spaniel101

HX witness statement received - which includes a "Contract - Car Park Management" on HX Car Park Management Ltd Headed Paper!! It reads:
1) The Company: HX Car Park Management Ltd
2) The Client: O&C Car Parks Ltd
This agreement is for the provision of parking control services by the Company to the Client in relation to: 3) The Site
It goes on 3 pages -

Throughout their WS - the owner refers to 'My Company', not one mention individually of HX or O&C per say.

This 'Contract' is interesting in relation to the O&C Car Parks bit !! - given that they have produced on a desktop their own HX Car Park Headed Paper contract, with their own company!!

How do I address this please in my witness statement ?

TIA

nosferatu1001

It being on their headed paper is entirely normal. HX will have produced the contract documentt themselve. Most suppliers of sevrices do, as a pro forma is easier to amend when it is from the company providing the services, they will know the usual terms that are included.

So I am not sure what you want to address. With contracts you need to check the dates, signatures, scope of work, whether they are authorised to PURSUE TO COURT IN THEIR OWN NAME or not, etc

When is your deadline? Usually 14 calendar days before, so you are VERY tight on time.

spaniel101

Thanks nosferatu1001. Previously we couldn't find a company such as 'O&C Car Parks Ltd' with the specified VAT registration number (but suspected to be the same company - O&C having folded).

The date of the contract is 11.11.16 (for both client and company, looks like exact same writing) - for a minimum period of 1 year - until termination.

The fact that the parking ticket states O&C, yet the signs HX formed part of my defence statement ?? Shall I remove this now ?

Thank you

spaniel101

sorry - I mean not elaborate on it on my WS ?

nosferatu1001

No, why would you remove it? Youre wildly jumping to conclusions. Stop. Calm

You can still talk about confusion between the ticket syaing you contracted with OC and the signs being HX

What is your deadline? give us a date to work with, only you KNOW the date, we just assume it...

spaniel101

...and breathe :think:.....Thanks nosferatu1001, hearing set for 7/6 as above, need to post WS tomorrow & submit to court Thurs latest. I'm struggling to put this difference into words to be honest, think im too concious of being shot down in flames!! I don't even know what im trying to explain now...help please, somebody ???

Can I clarify also, is the 'PCN' that I received accepted as the norm as one and the same as a 'NTK'... or can I claim that I never received an official NTK (at all & within the specified period) either ??

Coupon-mad

A postal PCN is the NTK, but you'll have seen from my post #23 with a link, that HX do not use compliant wording.

If the keeper wasn't the driver, they can't be held liable.