HX Car Park Management court claim

Redx

so state that the NTK does not comply with the strict wordings of POFA blah blah and therefore the KEEPER is not liable


this can be expanded in the WS later, along with an EXHIBIT as well

Coupon-mad

dizzyblonde2015 wrote: »

Hi U
I think that the NTK was non compliant due to the fact they didn't
Warn the keeper that if the parking charge remains outstanding after 28 days and the name and address of the driver has not been given, or otherwise known to the person entitled to the parking charge, that “creditor” will be entitled to recover the parking charge from the registered keeper.

That's true, if this HX PCN was from over a year ago, when they certainly used to issue non-POFA PCNs. When was it from?

I have submitted an SAR to HX for information regarding the ticket that was purchased as it is not specified they are telling me that the vehicle was in the car park x hours but only according to the cameras. So where is the proof the ticket was not purchased within 10 minutes?. Does not tell me how many hours parking was paid for.

Do you mean you have your SAR data reply and they have refused to show you the machine records from that time? If they refuse, insist by email back to their DPO that a record relating to the time the car was paid for, is clearly 'personal data' relating the VRN, and you are the keeper so you legally entitled to see the payment and the time it was recorded, in a partially redacted (to cover other VRNs) excerpt from the machine records.

Including if the VRN recorded was a partial one but still recognisable as your car.

dizzyblonde2015

Hi Coupon Mad
Thank you for your reply. I have posted below a redacted copy of the NTK (Via Tinypic link) which I have crossed referenced with one posted in another thread that you had confirmed to be POFA non-compliant. (Hope I am Correct)

I have also posted my response to the LBC from Gladstones Solicitors requesting certain information. As you can see this didn’t include PDT machine records but I have now requested them from HX. I’ve posted link for the reply from Gladrags Solicitors.

Copy of email I’ve sent to HX is also below.

I appreciate your help and advice as I don’t want to make a pigs ear of this �� x
Many Thanks
D





Gladstones Solicitors
The Terrace
High Leigh Park Golf Club
Warrington
Cheshire
WA16 6AA

14th August 2018

Your Ref:xxxxxxx

Dear Sirs,

I am in receipt of your Letter Before Claim of 2nd August 2018.
Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat this letter as a formal request for all of the documents / information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

As solicitors you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter (and your client, as a serial litigator of small claims, should likewise be aware of them). As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

Nobody, including your client, is immune from the requirements and obligations of the Practice Direction and now the Protocol.

I require your client to comply with its obligations by sending me the following information/documents:

1. an explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. Is the claim for trespass? If so, provide details.
7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 establishing yourself as the creditor.
8. A plan showing where any signs were displayed
9. Details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge, and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form


If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20), Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.


Yours faithfully

Gladstones Response


Mrs xxxxx
Address xxxx

23rd March 2019

HX Car Park Management

Dear Sir or Madam

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )

Mrs xxxxxxxxxxxxx address

Please supply the data about me that I am entitled to under data protection law relating to myself.

• ALL photos taken
• All letters/emails sent and received, including any appeal correspondence earlier.
• PDT machine record from 16/05/2019, of payments made for VRN xxxxxxx
• All data held, all evidence they will rely on, and a full copy of the PCN & NTK

If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully

dizzyblonde2015

Thank you Redx xx

Coupon-mad

That SAR looks fine.

And the NTK is non-POFA as it has no warning abut the keeper being liable (see 9(2)f of Schedule 4, it's not there in that NTK at all...).

Umkomaas

That Gladstones letter says ‘We believe our Letter Before Complaint is compliant with ......’

New one to me - Letter Before Complaint! :doh:

dizzyblonde2015

Umkomaas wrote: »

That Gladstones letter says ‘We believe our Letter Before Complaint is compliant with ......’

New one to me - Letter Before Complaint! :doh:

Not very professional :eek:

ZedPee

Could DizzyBlonde please advise me if you were successful against this horrific ‘company’

I have just had my court letter through, and don’t know where to start.

I paid to park in their car park in January 2019 in Halifax.

I wish to God I hadn’t parked here, but I had my 3 yo son with me who was distraught as he’d wet himself and I was in a panic & just wanted to park somewhere and see to him. I’m not familiar with area at all & live an hour away.

Long story short, I was issued with a PCN for being 3 minutes late in buying a ticket, I saw no signs whatsoever advising me that I should purchase within 10 minutes, I’ve since been told there’s a sign when you drive in but nothing next to the ticket machine.

I paid for more time than I stayed in the car park so HX suffered no financial loss in me failing to buy a ticket within the 10 minutes.

This is literally making me feel ill. I’ve read your defence but it all seems so technical and I don’t know how to proceed.

Any help would be gratefully received

Thank you

Coupon-mad

I have just had my court letter through, and don’t know where to start.

This is literally making me feel ill. I’ve read your defence but it all seems so technical and I don’t know how to proceed.

Did you miss the link in post #7 above, to the NEWBIES FAQS sticky thread?

You need to read the second post of the NEWBIES thread and get on with doing the AOS and defence in time. THEN (AND ONLY AFTER READING THE NEWBIES THREAD POST #2, PLEASE) start your own thread...

Please no new thread just flailing, you need to read the FAQS about court claims first.

dizzyblonde2015

Hi All
I have got into a bit of a pickle�� I have just moved house and paid Royal Mail to redirected my post to my new address. Unfortunately one or two letters got missed�� One of them was my N180 Directions Questionnaire. It was delivered to my old address and the new occupants regrettably didn't notice where the letter was from and didn't inform me that there was mail for me for some time. When they contacted me to tell me I was on holiday abroad for 10 days so by the time I picked the letter up I had missed the return date by a long time. It was due back the 15th May.
Please can someone advise my best course of action. I have tried searching the forum but nothing coming up.
Many Thanks in advance x