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HX Car Park Help (I've read the newbies thread)

Hi Everyone.

I’ve managed to turn over about 4 out of 5 parking tickets (3 private, one council, that’s all I’ve ever had), all issued unfairly too I paid the one where I parked on a double yellow, fair enough. My approach has worked – a strongly written signed and dated letter, and I’ve honestly never taken the advice from anywhere but up until now it worked. I also never declined that I was the driver, nor have I expressly written that I was the driver. I just wrote the email on first person terms.

However my recent ticket where I spent 20 minutes trying to pay a parking ticket in a carpark in Nottingham, trying to call customer services, using the web app, and finally making payment over the phone managed to fetch me a ‘fine’.

It was HX Car Park Management operated car park, who use an ANPR system. Since my last visit about 6 months ago, they require a match of registration numbers with a 2 digit room for error. I was unable to pay cash, with no ATM near by, if I had driven out to find out I would have been ticketed anyway after I had unloaded the car with an infant and gone over their 10 minute grace period. I ended up making use of the telephone app, following the directions to enter a new reg, only to be asked for payment, so I proceeded, upon paying, the automated call confirmed payment of parking and terminated the call.

Because the car park had failed to take my new reg, it applied my old one to the ticket and the entire grounds of my fine Is that I had not entered the wrong reg, despite having paid for parking.

Either way, as previously mentioned, I have replied with a fairly blunt reply, stating that I have paid, with a copy of my bank statement with payment at that date and time, to that car park highlighted (and my personal details blanked out). I’ve not said I am the driver, but wrote the letter in first person terms.

They rejected the first letter, and I received the standard reply many others have received. I only found out about the newbies thread after scratching my head as I’ve not had this situation before, usually I win on the first letter..

Any thoughts where to go? I’m not interested in following their independent appeal process.
Do i just continue now from where I am using the info on the Newbies thread?

Driving to the car park tonight to gather evidence too.

Thanks
«13

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 23 September 2019 at 10:36AM
    Just gather your evidence , keep the paperwork and prepare for court within 6 years , where a judge will decide

    Ignore all debt collector letters in the meantime

    Do not ignore a formal real LoC , do not ignore an MCOL from Northampton CCBC either

    If they followed POFA then it's pointless hiding behind the keeper argument , meaning a driver defence may be better with proof of payment

    You are now in limbo land
  • Hi Redx.

    Thank you for taking the time to reply. One more questions If I may. Since I already replied, is there any value in replying again then following the template on the newbies section or shall I just wait for court?

    Whats the likelihood of court with HX? I assume given the circumstances (ticket paid, and their systems essentially failing) I would have a good chance of winning the case.
    I assume information regarding LoC and MCOL is on the newbies thread. I'll take a look.

    6 years seems a daft timeframe.

    I'll get my photos together and put everything in a file.

    Cheers
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    The rule is appeal once , then ignore for IPC members, nothing to be gained in further correspondence

    HX do take people to Court , so highly likely , hence my previous reply

    The 6 year rule for civil court claims has been in force since 1973 , for England and Wales , 5 years in Scotland , nothing to do with parking per se , a lot are landlord Vs tenants and unpaid invoices etc , so not daft at all (unless the government changed it)

    Read up on it on the MCOL website
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Whats the likelihood of court with HX?

    No-one can say, they have up to six years to bring an action. IMO if they took this to court now they are likely to lose, but a freshly spanked, brandied up judge may not agree.

    Nine times out of ten these tickets are scams so consider complaining to your MP.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 44,034 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    HX Parking are litigious, among the most active at the moment. Prepare yourself with some advance reading of the NEWBIES FAQ sticky, post #2, written by legally qualified and those with experience of court proceedings. It takes you right through the court processes.

    The better you prepare, the better you will be prepared to handle any claim successfully.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • fil_cad
    fil_cad Posts: 837 Forumite
    Part of the Furniture 500 Posts Photogenic
    Don't give in to these first class professional scammers, they have had a bad day today in Workington county court. :rotfl::money:
    PPCs say its carpark management, BPA say its raising standards..... we all know its just about raking in the revenue. :eek:
  • Umkomaas
    Umkomaas Posts: 44,034 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    fil_cad wrote: »
    Don't give in to these first class professional scammers, they have had a bad day today in Workington county court. :rotfl::money:

    Any more please ....... ?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Fill cad please do fill us in.....
  • fil_cad
    fil_cad Posts: 837 Forumite
    Part of the Furniture 500 Posts Photogenic
    It's on a Facebook page, unfair parking charges Cumbria, there are a couple of similar groups that work together fighting HX ��
    PPCs say its carpark management, BPA say its raising standards..... we all know its just about raking in the revenue. :eek:
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Closed group
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