Parking in Garage/McDonalds

Redx

well done so far , stick with it , and we fully agree with you as do all the MP,s (no dissenters at all), see this page

https://services.parliament.uk/bills/2017-19/parkingcodeofpractice.html

its currently with the House of Lords for a reading this month

RedPen50

Thanks Redx, looks good. The hearing is this Friday, 18th Jan, (ironically on the same day as the parking code of practice at Parliament lol) so been busy going through my paperwork etc. Got some fab dashcam footage and really good points (from this site of course lol), I just hope Gladstones don't try to pull a fast one so much so that the Judge listens to them.
On another note, I have only just read about a pub landlord in Huddersfield that got 'caught out' by both Hx Car Park and Gladstones, but in his case he had paid for a ticket, in fact overpaid by 10p and because the machine didn't show the last three digits on his registration they fined him. He tried to take them to court but panicked at the last second and paid the fine. I was so angry - he had actually paid for the ticket and wasn't out of time, it was just that the machine had had some kind of 'flip flop'. It makes you more determined to carry on. I am starting to get nervous now, only because of my limited legal knowledge and I also detest any kind of injustice so I just hope I don't get too wound up and start shouting at everyone, which I tend to do. Oh well, I'm going through my paperwork, as I said, and will still trawl through all the relevant stuff on here to see if I can make notes about anything else. I will keep you updated as I go x

RedPen50

Here we go! Gladstones have just emailed me this evening to say they didn't receive/couldn't play the footage files! I have re-sent them but also asked them why it has taken so long to let me know as I sent the original on 2nd Jan! Getting me angry just thinking about it. I'm just going through all my stuff for tomorrow. Getting a bit nervous now, especially after this. Not sure what to expect.

Redx

dunno what format they are in but VLC should play anything, incompetence at its best

RedPen50

Its a simple MP4 video, one of the site and one of the angle from the drivers seat - because I have limited internet, I used a site called We Transfer, you just download the files and put in the email address you want to send. I receive an email confirmation when the files have been sent. I have done this dozens of times to friends and family and they receive the files instantly and download them straight away. I did say in my reply email that it was convenient they couldn't open the files the evening before the hearing. We shall see what they say tomorrow.

RedPen50

Hi Everyone - had the hearing today and I won yay!!!


Bit dicey at one point though as the DJ just kept pointing out that I had actually parked and the photos proved that.


To start at the beginning, the hearing was at Bradford County Court and I think it was DJ Underwood (but this was going from the listing on the wall rather than being introduced) I turned up early, with my cousin as witness and the appointment time had come and gone so was starting to get nervous. Lots of people were coming and going until it was just me and my cousin and what seemed to be a few legal people. A man in a suit sat three feet away from us (came at about 11am) and was on his phone. When they announced for us to go in, I was walking down the corridor and the man followed us, only now introducing himself as Mr Pickup (?) from Hx Car Management. Don't understand why he couldn't introduce himself before?


Anyway, we had only just sat down and the DJ was asking the rep why he hadn't received the paperwork. There were a couple of tense minutes of the rep saying they had emailed the bundle and the DJ saying he hadn't received it. The rep said he had copies of the bundle if the DJ wanted to look at them and it was at this point that the DJ said he was of the mind to strike the claim. The rep suggested adjourning the case and I was annoyed at this - it had already taken a year to get to this point, so I just listened! However, when the DJ looked at the paperwork, he saw that Hx Car Park had emailed the bundle to the wrong email address. Even then the DJ wasn't happy at continuing - but he asked for some time to look over the papers. As my cousin and I were leaving, the DJ questioned the rep over the quality of the paperwork he had brought - squished A4 onto landscape not portrait paper. So out we went back to the waiting area and about 15 minutes later we were called back in. The DJ said he would continue but he wasn't happy.


The DJ was very kind and explained everything to me, that we would just discuss certain points and not necessarily the whole bundles.


First of all, which worried me a bit, the rep had to explain in detail about the site. The fact we were in Bradford, I knew neither the rep nor the DJ would know the site, which was why I would rely on my dashcam footage. Once the DJ had got and idea of the site, the rep explained that 'the defendant admitted she parked...' and 'the photos show that the vehicle was parked...' etc etc. Then the DJ asked if I had anything to say. I had lots in my mind, but the few things I pointed out, the DJ said that it was irrelevant. I began to worry at this point, because I mentioned I had brought a USB stick with the dashcam footage but the DJ said he couldn't use an outside source but I could if I had brought my own laptop (which I had decided not to do at the last minute). I was really worried at this point, because the footage was about 70% of my defence.


The rep admitted that Hx Car Park does have a grace period of approximately five mins but I had been observed parking at 13.49 and leaving at 13.55 which was six minutes. The DJ made a face at this, as if to say 'its only a minute'.


After taking a breath, the DJ kept going back to the photos that Hx Car Park had produced, really hard and long and I wondered what he was thinking. There were a lot of uncomfortably quiet moments - but the DJ was really looking at every detail. Then he asked the rep about the last picture, which showed the final time of 13.55pm. He made the point that in this last picture I had moved away from the space and I had stopped at the exit to give way to the traffic, as he could see my brake lights on. Inside, I could see where he was going with it and the rep didn't have an answer, he kept saying that he was 'just producing the evidence' and that he 'didn't have a witness'. Again the DJ looked at the pictures. I was starting to wonder if this was his plan all along - technically Hx Car Park's case was a little stronger than mine because of the pictures and because I stupidly called them the moment I received the PCN, inadvertently admitting I was the driver (I won't be doing that again!). He was definitely asking the rep more questions, and just focusing on the pictures. He then began dictating, going through all the points, and pointing out that I had admitted this and that and that the claimant did have photos proving I had parked … then he said that the final photo proved I was also moving at the last minute and was stopped at the exit so should not have been photographed from that point and so he was going to dismiss the claim!


I was so relieved. We got our things and I was out in the corridor when I remembered I had submitted a cost schedule but, to be honest, the way the DJ kept going on about how the proof was there, but it was the poor quality of the photos that had brought the decision on my side, I didn't want to push it. It was £85 ish and to be honest I can live without that - rather that than pay the £264 that they were claiming.


The rep, to be fair, was polite and wished me a good day as he left.


I'm glad its over and that I won, but I don't want to ever go through that again. If, however, I do find myself in this position again, I'm going to keep all the research I did from this site and I will know what to do from the very beginning, instead of shooting myself in the foot.


So anyone who is finding themselves at the beginning of this journey, just keep looking through the info and you will find out how to fight your PCN.


I just want to say a huge thanks to everyone who contributes to this site - the information available is invaluable and there are answers to everything, and also to everyone who took time out to reply to my questions and queries - you all helped me so much.


I'm going to celebrate now with a big bar of chocolate and a large glass of something very strong!

Coupon-mad

Mr Pickup

is not from HX Car Park Management!

http://parking-prankster.blogspot.com/2016/11/mr-pickups-fun-day-out.html

http://parking-prankster.blogspot.com/2017/02/transcript-round-up-data-protection.html

Well done! MANY thanks for the court report, to help newbies calm down about hearings.

Another one bites the dust!

Shame you forgot to ask for costs. Mr P would have done!!

RedPen50

Yay! Thanks Coupon Mad - know what you mean, I had it in my head a few minutes before to remember to ask for costs but when I was listening to the DJ's summing up I started to panic as it was sounding as if he was going to say 'pay up'. Then I was so relieved when he said 'dismissed'.


To be honest, the DJ was really good in that he had picked up on the point that the last photo was showing me leaving, I had never even considered this until he started to question the rep who didn't have an answer as it was so obvious that my brake lights were on and so I had already pulled away from the area. Their photos were really shocking.


Newbies - please don't underestimate the power of Grace Periods - this was what really won it for me as this was the issue they had the most discussion over, whether I had gone past the five minute mark, and the DJ really wasn't happy with the rep's answers.


Wow, that is interesting about Mr Pickup - when he introduced himself, he held his hand out and spoke so quickly, he said 'I'm Mr Pickup representing Halifax ...' then his voice trailed off. I was surprised that he was introducing himself on the way to the room and didn't really hear the rest of what he said. It was only when the DJ spoke to him directly that I realised his name was Pickup. Where do these guys come from? They look so efficient and strong out in the waiting room, but in the DJ's room, he was like a child that was sitting in front of the headmaster - as I mentioned above, he hadn't even printed the bundle out as specified. Even my cousin, who is a man of few words, said that Mr Pickup didn't look that organised.


Phew, I'm so relieved - I didn't realise just how tense I was becoming about it. Huge thanks again for all your support xxx

Coupon-mad

Where do these guys come from?

They are hired on a case by case basis, as legal reps. Hence the number of Parking Prankster blogs about him losing for several parking firms!

Redx

well done on your win, we perfectly understand that you would be nervous and forget stuff, even the costs order, which is a shame

the newbies find it the worst due to diving in the deep end in a temper or fugue instead of a calm , collected and well researched approach and not rushed

I know that if it ever happens to me , I would not be doing all the rookie mistakes due to what I have learned on here , plus I know about proper research etc due to my previous job so wouldnt be going off half cocked and would have a crib sheet ready to remind myself of what to do


some useful pointers in your account, and yes other newbies should take note of experiences like yours


oh , and up yours HX parking!!! lol