Fine for Paid Parking Ticket - HX Car Park

reysham

Had a bit of a break...and now I'm back to pick your brains.

Received acknowledgement of defence from the Courts Service. I have also received a completed DQ from the solicitors acting for HX mid-May. I have not been asked to complete one, and in fact, Gladstones have requested for the case to be 'dealt with on papers and without the need for an oral hearing.'

Should I complete a DQ of my own, requesting for an oral hearing? Should I complete a DQ at all?

Thanks

Coupon-mad

See the NEWBIES thread where this (that EXACT Gladstones letter) is all covered!

Also re-read post #9 in this thread by KeithP, numbers seven and eight of his advice.

reysham

I've completed the DQ.

In regards to the Newbies thread, am I write to assume that you are referring to Gladstones offering to settle?

In the letter I received, they are suggesting that the judge decide the matter without either party physically attending - is this the same thing or am i missing something?

Coupon-mad

No I'm not talking about Gs offering to settle, I'm talking about the letter you have, that is mentioned specifically by bargepole in his COURT PROCEDURES thread (linked under the NEWBIES thread red heading 'IMPORTANT - know what happens when').

That letter is soooo commonly seen that you can even Google it with these words:

Gladstones relatively straightforward letter

Try it!

reysham

Found it. Thank you.
As I haven't been asked to complete a DQ, much less been given a date for when the DQ should be submitted, what would you suggest? Call/email the court and ask for more information? Or send in with cover letter ASAP?

Coupon-mad

Nothing yet.

Re-read post #9 in this thread by KeithP, numbers seven and eight of his advice.

reysham

Hi,

I'm back.

I have received the DQ, completed it and will be making and sending copies to the court, and claimant company as per https://forums.moneysavingexpert.com/discussion/comment/71763411#Comment_71763411.

Is claimant company the solicitors or HX or both? I ask as the cover letter from the court simply states 'all other parties'.

On legal beagles, i have also seen a cover letter addressing the claimant's proposal to have a special direction and no oral hearing. An edited version linked to my circumstances is below. Should I send this with the DQ to all parties or not?

Dear County Court Business Centre

The Defendant has been informed that the Claimant has proposed a hearing on the papers because it considers the matter to be relatively straightforward.

The Claimant also requests to transfer the hearing to the claimant’s local court if the Defendant does not consent.

The Defendant objects strongly to these proposals.

The Defendant denies that the matter is relatively straightforward.

The issues in dispute include uncertainty about the signage that was in place at the time, the alleged times of the event in question and the matter of a sufficient grace period.

As a litigant in person, the defendant would be seriously disadvantaged against the claimant, a parking company that has employed its trade association's solicitor to prepare its documents.

The defendant will probably also wish to question the claimant regarding its witness statement and other documents.

The defendant will, in particular, wish to verify that any evidence submitted by the claimant reflects the time and day of the event in question and are not indicative of any changes made thereafter to signage, machines or access.

The defendant therefore requests that the matter is transferred to his local court in accordance with the Civil Procedure Rules when the defendant is a consumer.

Yours Sincerely,

Name
Defendant

Thank you

KeithP

You could send that, or you could react to their request to a hearing 'on the papers' as suggested by Bargepole in the NEWBIES thread where he says:

Note: Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1: “The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”.

Bargepole's post also tells you how to answer every question on that form.

nosferatu1001

HX are the claimant company, the solicitors are just agents and are not another party tothe claim.

reysham

Hi All,

An update: now received a court date and a deadline for submitting documents. I will be:
- drafting a witness statement from my POV as registered owner and keeper re: use of the car
- procuring a witness statement from my partner who was driving the car at the time of the alleged incident
- attaching images of signage, car park, parking bays
- attaching evidence of driver's whereabouts from Google Timeline
- evidence of pay meter data

I also have video evidence demonstrating the manner in which the car park has to be entered and exited, which highlights the awkward turns etc that leads to slow movement around the area. How would I attach this?

Am I missing anything?

Thank you once again.