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

Le_Kirk

Well done; a nice result for you.  Thanks for updating us.

smilestation

Umkomaas said:

I had my court hearing for this case over video link a few days ago and won! 🎉🎉. The claimant decided not to attend and submitted papers in their place. It didn't take long to come to a conclusion and the case was dismissed.

Fantastic result against this trigger-happy litigant. Very well done, and a nice endorsement from the Judge of the quality of advice and resources emanating from the forum. 🥂

Could you tell us what the basis of the Judge's decision was please?

ANOTHER HX PARKING CLAIM BITES THE DUST.  😃 

Of course. The judge said that given that HX had not laid out any losses the claim is to be dismissed. He was also intrigued that their reply to me was posted only an hour after reading my first letter to them (they emailed their system logs) and had not considered my grounds for appealing my parking charge, which were based on my ticket actually being paid for.

Umkomaas

The judge said that given that HX had not laid out any losses the claim is to be dismissed.

Oh wow!  That flies directly in the face of Beavis. An almost unheard of judgment since 2015. Nonetheless, a win is a win. 

Castle

The Judge was right; there was no loss to HX because the driver did pay to park a vehicle, (eventually and with the wrong VRM), and didn't overstay.

Umkomaas

Castle said:

The Judge was right; there was no loss to HX because the driver did pay to park a vehicle, (eventually and with the wrong VRM), and didn't overstay.

So a penalty then.

Castle

Umkomaas said:

Castle said:

The Judge was right; there was no loss to HX because the driver did pay to park a vehicle, (eventually and with the wrong VRM), and didn't overstay.

So a penalty then.

Yes...no commercial justification.

Umkomaas

I think the non-disengagement of the penalty rule should feature much more in defences. 

Coupon-mad

smilestation said:

Hi. I wanted to update everyone on this thread as I know I know others will find it useful.
I had my court hearing for this case over video link a few days ago and won! 🎉🎉. The claimant decided not to attend and submitted papers in their place. It didn't take long to come to a conclusion and the case was dismissed.

Big relief this was over but I want to thank everyone here who gave me advice and also to those who have put together the newbies thread. I followed the advice on there and the result speaks for itself.

The judge also thought I had received legal advice to put my defence together. Instead I had adapted one found on here.

If you are in the early stages and too far past the point of no return I suggest following the advice on this forum. Don't skip past it and honestly any question you have had probably been answered.
It requires a  bit of effort and keeping your paperwork in order but if you follow the advice you won't go too far wrong.
Thanks!

Hooray, well done!

Which court and Judge?

Did you ask for any costs?