Bought ticket, received PCN from HX Car Park Management

Dave_Sk

Le_Kirk said:

Search "fluttering ticket" there are loads of threads.

Thanks! I'll try that

Coupon-mad

We have a 99% reported win and discontinuance rate and have done since 2016 when we started sort of counting it.

You should absolutely defend a fluttering ticket case.

Dave_Sk

Hi again, and apologies for the further questions. I'm still trying to build up the understanding that I need to have the confidence to not pay. 

I've read the legal defence linked from the newbies thread and have a couple of questions. If anyone has time to answer it would be much appreciated. 

- I don't understand a lot of it. I get the gist but it's generally over my head. Is this important? ie. is the judge likely to question me on any of the points?

- Parts of it, such as the signage don't seem relevant to my fluttering ticket defence. Also, I can't check / photograph the signs as they are miles away. Would these paragraphs be left in anyway (using the assumption that ALL parking signs are unclear)

- I saw something (can't find it now) that said to now allow the court case to be heard on the paper alone. ie. only do it in person (or on the phone as the case may be. Why is this? I'd be much more comfortable if I wasn't on the spot and had time to write a response if this was an option

Thanks again for everyone's help. 

Redx

It's all standard stuff , a judge will understand it , yes they may question you about it , as an unrepresented litigant in person , so you must try to understand it , or hire a solicitor at great cost , like the claimants do ( it's not cost effective but it's your choice , pay for professional representation or do it yourself )

Signage forms the contract , so is crucial , so you definitely do not change anything else apart from paragraphs 2 and 3 , the rest is set in stone !! All your and their exhibits are submitted at the WS stage , so that's when you get to see the photos , signs and maps , a few weeks before the hearing , so not having them now is irrelevant

Your paperwork is submitted regardless , your presence is to stop any underhanded tactics inflating your total if you lose , so being on the phone , on a video link , or in person allows you to counter the opposing claimant. Not being present gives then free reign , plus if you win you can ask for certain costs , expenses etc

We ALWAYS recommend being available on the hearing date and participating

Dave_Sk

Thanks so much for the response! I'll keep reading and learning. 

Coupon-mad

If you get it heard 'on the papers' the point is that you get zero chance to respond and end up in a war of legal papers, against a solicitor who does papers for a living.

Guess whose would probably look more plausible without you to be on the phone to be the only witness who was there and can say what happened?

We are talking a phone hearing if the Claimant doesn't discontinue when they see your robust Witness statement and exhibits that we will help you with.

Why not read plenty of fluttering parking ticket cases on here or by Googling? There is no way you pay this and the fact we help ordinary non-legally minded newbies to routinely win 99% of cases with no CCJ risk, should give you confidence we know what we talking about.  

Dave_Sk

Thanks Coupon-Mad, I'll read more fluttering ticket threads.

Dave_Sk

Thanks everyone for their help again here and sorry for all the questions. 

I wrote a review of my experience on the landowners facebook page. I had numerous other places to leave reviews and was planning on 1 every month or two to really drag it out for everyone and keep the issue in the landowners mind so hopefully cause him to end his contract with HX.

This seemed to get the landowners attention more than my initial email (suspect he's not part of the scam but a victim of HX himself)

I did pay them the £60 initially - I'm sorry and know that this isn't the done thing but for me but the stress of it got to me on a very busy week at work. The parking company have agreed to refund it now and are going to send a cheque. No idea why a cheque but if it doesn't arrive or clear then the bad reviews of the landowner begin again and we're back to square one. 

Anyone in my situation reading this then please follow the advice on the forum and newbies thread about NOT paying (ie. don't make a payment like I did). However, if you do pay up or already have paid then it's worth noting that kicking up as much of a stink as possible for the landowner after the event may pay off. I felt a little bad taking it out on the landowner as the parking company are most likely the bad guy but it's worth remembering that it's the landowner who allowed them to operate. It's their fault if they agreed to a contract which they later regret, not yours. 

Coupon-mad

Nice result in the end, thanks for updating your thread and posting in SUCCESSFUL COMPLAINTS, for posterity!

Guyverfrancis

To all people dealing with HX car park - ask for all the data they have on you - you can do this by law. I presume it is time consuming as well.
SIMPLY EMAIL = dpo@hx-pcn.com - AND request your data.

I work away, so my car fine actually turned into a CCJ, all within 10 months of the fine being issued. 
I was over my ticket by 10 minutes, i unknowingly did this - i was only notified 10 months after the incident.

What is more, is that supposably nice companies are employing such car parks as a way to get additional revenue. This is what i find utterly disgusting as well.