HX Car park management Ltd

harrys_dad

Hi everyone, court date now fixed for 1st October. I am advising the defendant and have been out of the country so time is short. The bundle needs to be with court and plaintiff by 17th September, so needs to be sent off by the 14th I guess at the latest. Sorry for not coming back earlier but I was on a ship. Trying to get all the paperwork sorted at a distance by 13th September.

A few questions (and if they are answered elsewhere please let me know and point me in the right direction).

Does the defence need to be sent again, or is the previous submission sufficient?

The driver has written out a statement but will not be in court. Does this need to be certified by a lawyer/solicitor and contained in the bundle?

Should I provide print outs/screen shots of items referred to in the defence, such as facebook posts/trustpilot reviews?

Someone earlier referred to a "witness statement". Presumably this will be as above from the driver.

Thanks in advance for your help, apologies if I have missed anything already posted.

Umkomaas

Does the defence need to be sent again, or is the previous submission sufficient?

I've not gone back over the whole thread, but has something happened which makes you think it would need to be resubmitted? Ordinarily, the original Defence holds good through to the hearing.

The driver has written out a statement but will not be in court. Does this need to be certified by a lawyer/solicitor and contained in the bundle?

Who is the claim made against? If the Defendant cannot attend court, they will need to ask the court to hear the case 'On the papers'.

Please elaborate.

Should I provide print outs/screen shots of items referred to in the defence, such as facebook posts/trustpilot reviews?

Include with the Witness Statement any evidence that helps the defence of the case, particular anything that supports the already submitted Defence.

Someone earlier referred to a "witness statement". Presumably this will be as above from the driver.

The principal Witness Statement comes from the Defendant. Any other witnesses can write and sign under a 'Statement of Truth' a further Witness Statement to be included in the bundle.

Given some of the basic questions you are asking, I suggest you re-visit the NEWBIES FAQ sticky, post #2 quite urgently.

harrys_dad

Umkomaas wrote: »

I've not gone back over the whole thread, but has something happened which makes you think it would need to be resubmitted? Ordinarily, the original Defence holds good through to the hearing.

Who is the claim made against? If the Defendant cannot attend court, they will need to ask the court to hear the case 'On the papers'.

Please elaborate.

Include with the Witness Statement any evidence that helps the defence of the case, particular anything that supports the already submitted Defence.

The principal Witness Statement comes from the Defendant. Any other witnesses can write and sign under a 'Statement of Truth' a further Witness Statement to be included in the bundle.

Given some of the basic questions you are asking, I suggest you re-visit the NEWBIES FAQ sticky, post #2 quite urgently.

Will revisit the sticky, thanks.

On your specific points:

Nothing has happened so defence stands.

The claim is made against the keeper, who is not the driver, and the keeper can attend court as defendant.

The driver will produce a "statement of truth" as above.

The bundle will include and evidence of assertions in the defence, such as screen shots of trust pilot reviews etc.

Additionally, an email was received from Gladstones by the defendant this morning stating:

"We act for the claimant in the above matter.

Please find attached, by way of service, the Claimant's Witness Statement.

The assumption is that our Client is not attending the hearing and therefore we kindly request this notice be treated as a notice pursuant to CPR 27.9. However on some occasions our Client may wish to attend and will do so.

Attached was the "bundle", which appeared to be 28 pages of non specific stuff dealing with every possible general objection to paying a Parking invoice and not addressing the particulars of this case at all.

What is CPR 27.9 and is it important, or is this just big standard template stuff?

Umkomaas

The claim is made against the keeper, who is not the driver, and the keeper can attend court as defendant.

The driver will produce a "statement of truth" as above.

If the court claim is against the keeper, why is the driver getting themselves involved?

Are you defending on the basis of the PPC not meeting PoFA requirements to hold the keeper liable? If so the driver needs to steer well clear of this.

This may already be covered in earlier posts on the thread, but I've not read back through it. Please elaborate.

What is CPR 27.9

I suggest you do a Google search so you're informed about what legal point they are referring to, you need to have a full handle on any such references.

is this just big standard template stuff?

Pretty much, we've seen it many times, but you need to ensure you understand it all relative to your case.

harrys_dad

The driver is getting involved because one of the the key elements of the defence, as in #44, is that the driver complied with all regulations and paid for a ticket. The suggestion is that the only reason the "ticket was not validated" is because of the supposed entry of "PP" only, which has also happened elsewhere on their machines. the driver's "statement of truth" will speak against this.

Apologies for the slow replies but I am currently visiting family abroad. Thanks for your continued help.

SBarker001

I've read your thread with interest. I would like to know if you won your case? I too have had exactly the same problem at Victoria st car park in Morecambe with this company.  I know for certain I entered my full registration correctly and checked it before pressing confirm. I paid for my ticket and have proof. Like your case they are claiming I only entered 2 letters, the second letter isn't even my registration number. There are many complaints with the same problem regarding this company all over the country. I always check the correct amount is paid and what time I need to return. I had no idea you had to double check your VCR on the ticket until I received my PCN. Your VCR isnt even displayed under VCR identity, it's displayed on the ticket under M/C  identity,  I'm not even sure what that stands for.  Any help would be gratefully received as my deadline is today, I want to challenge it as it is unfair to penalise me for their faulty machines but in not sure if the stress is worth it, and it's a gamble to take on professionals who are determined to get your money. 

Umkomaas

Hasn't been back to the forum for over 6 months. Despite getting lots of help, some folk never reciprocate with a quick courteous update. 

However, they could have simply fallen under a bus!

Redx

Despite coming here for 7 years I have no idea what M/c or VCR identity mean either !!

To me , VCR means Video Cassette Recorder

It is annoying when people don't give the feedback required or any updates

Le_Kirk

Redx said:

Despite coming here for 7 years I have no idea what M/c or VCR identity mean either !!
To me , VCR means Video Cassette Recorder
It is annoying when people don't give the feedback required or any updates

Could the OP have meant VRM and are referring to the PDT as the Machine (M/C) Identity. Also agree with comment about lack of feedback!