HX Car Park Gladstones

isg

Hi, I have received a county court summons £6 was paid for overnight parking and about two weeks later received a ticket through the post saying i failed to purchase a pay and display ticket within the grace period allowed as this was back in march this year dont remember all the details about this event but I do know the £6 for overnight parking was paid My brother was with me and can verify this,they show entry time and date and it makes me 3 minutes over but it seems they are saying i did not pay at all.
I have returned the form to the court asking for 28 days to defend the action but im stumped as to how to prove this although I thought I may ask the court to make them show all CCTV to show i had actually paid. the court papers are dated 6 August 2018 so not much time left any help much appreciated

ps: I was given advice just to ignore all correspondence and this would go away !

Redx

its not a "summons" as its not a criminal case , it wont even mention that word

its an MCOL from the business centre in Northampton , the CCBC

no , CCTV evidence cannot be used, nor can you compel them to show it either , CCTV isnt used in civil cases like this one

and the advice you were given was useless and nonsensical

the PPC had 6 years to issue an MCOL, so it only "goes away" after 6 years when it becomes statute barred

read and follow the advice in post #2 of the NEWBIES FAQ sticky thread

first , do the AOS online, following the advice in the dropbox link , if you havent already done this then it may be too late already , as you only had 14 days from the 6th ( or from the 11th ) - ie:- 14 days from the date of service

if you returned the form as you said, login online and ensure it has been added into the claim, so you know its been done

then read a dozen or more 2018 defences in other threads and links and draft your own , adapt it and post it on here for critique , which you have already had over 2 weeks to prepare

System

i failed to purchase a pay and display ticket within the grace period allowed

What did the signs say? If you don't know ask HX for copies of

a) all the paperwork sent out
b) pics of the car
c) pics of the signs they claim were there. Get your own if you can

Some of the information may be available from their website but the sooner you get it the better.

Follow Redx's advice with regards to process but you need to address the facts of the matter - as evidenced by the paperwork you get.

isg

This has got my head spinning I have read this newby stuff but cant see how I can defend something that comes down to my word against theirs I will defend this in layman's terms making my claim that I paid and displayed ! but as I dont have any proof since I no longer have the pay and display ticket looks like I'll get ripped of in the courts to these unscrupulous people .

System

how I can defend something that comes down to my word against theirs

It won't be. They have to produce the signs so ask them for it. In the meantime, shape your defence on the basis that the term either wasn't there or it was hidden.

Redx

isg wrote: »

This has got my head spinning I have read this newby stuff but cant see how I can defend something that comes down to my word against theirs

I will defend this in layman's terms making my claim that I paid and displayed ! but as I dont have any proof since I no longer have the pay and display ticket

looks like I'll get ripped of in the courts to these unscrupulous people .

that is your WITNESS STATEMENT and comes much later in the process

the defence is about legal matters and why the defendant isnt liable for this court claim

it is up to the claimant to prove their case, same as in criminal courts where the prosecution must prove their case against the defendant (innocent until proven guilty)

defence examples are linked in the NEWBIES FAQ sticky thread , post #2

isg

Ok thanks for the replies I just cant see how I can make claims in court about signage or other this is not a local carpark for me over two hours away im not sure if they are saying I overstayed by 3 minutes or that I never paid at all I suspect the latter bur as Ive ignored their letters I cant see how I can start Making claims in court I was hoping to attend the court once its been changed to my local court and have my brother as witness I was hoping to ask the court to force them to show CCTV of my arrival to prove I paid and displayed but its been pointed out that this wont be allowed so unless someone can show me a legitimate way of defending this action it looks like I'm gonna get ripped off I feel really angry about this because even if I miss typed my reg it would be obvious to spot the mistake !
they are now asking for £200 plus if Defend and have this brought to my local town will there be more charges added ? thanks

Quentin

If you were given advice to ignore this then look to whoever advised you to reimburse anything you end up being forced to pay!


Throughout here you are advised never to reveal who was driving


You need to edit your OP to remove details of who was driving


The ppcs monitor here and can use your posts against you


Read up on dealing with this in the newbies faq thread, take time to understand #2 there which does cover court cases right through from claim to hearing


It's normal for a hearing to be at the defendant's local court when the defendant is an individual


You may have to pay the claimants allowable expenses for attending if you lose, and can claim yours if you win!

Umkomaas

I was hoping to ask the court to force them to show CCTV of my arrival to prove I paid and displayed

Unless it's a high security environment, no one is going to have CCTV tracking of any and every random punter entering a facility, confirming arrival, the payment of the fee, then displaying a ticket correctly.

Think about it!

isg

they have pictures of my car arriving with headlights on and on leaving the carpafk in the morning its all time dated cctv is obviously live they have taken stills where they want !

Redx

you mean ANPR still cameras , not CCTV cameras

I suggest you get your facts straight first, because you cannot force a parking company to provide CCTV footage , only the ANPR still pictures they have

drop an SAR bomb on them using the GDPR and request all ANPR pictures, any CCTV footage , all paperwork pertaining to this case and to your VRM

I doubt that there will be any CCTV footage at all, in their reply

still pictures were invented decades before moving pictures