HX Car Park Management Ltd, Cartmel Racecourse, Cartmel

Coupon-mad

Email the racecourse and ask why.  No phone calls, you want to gather evidence that HX were possibly removed due to complaints about their machines having inaccurate faulty keypads.

Castle

More complaints about "faulty machines":-
https://www.thewestmorlandgazette.co.uk/news/19223108.new-operator-much-maligned-car-park-cartmel-racecourse/

Castle

An another from 2020:-
https://www.nwemail.co.uk/news/18840962.nightmare-cartmel-car-park-may-deter-visitors-numerous-drivers-fined/

Umkomaas

Two useful pieces of supporting evidence should HX be daft enough to proceed to court. 

nweachus

Castle said:

More complaints about "faulty machines":-
https://www.thewestmorlandgazette.co.uk/news/19223108.new-operator-much-maligned-car-park-cartmel-racecourse/

Thanks for that. Any idea if Diane & Nicholas paid up or managed to avoid the charge?

nweachus

Umkomaas said:

Two useful pieces of supporting evidence should HX be daft enough to proceed to court. 

Do you mean the 2 links posted by Castle?

Coupon-mad

Why on earth would anyone pay when the fault lay with the machines?

There is nothing to avoid or ‘get off’, it’s (by all accounts, reportedly) a scam operation and they were removed by the landowner so get that in writing (landowner email) as I suggested already. 

nweachus

Coupon-mad said:

Obviously they wouldn’t have paid unless they had more money than sense.  Why on earth would anyone pay when the fault lay with the machines?

There is nothing to avoid or ‘get off’, it’s (by all accounts, reportedly) a scam operation and they were removed by the landowner so get that in writing (landowner email) as I suggested already. 

There's no mention in the article indicating they didn't pay, but I certainly hope they didn't. Unfortunately people don't understand and get frightened by what they see as a company with authority, and pay up. I'm in the exact same position as they were, I paid in for parking in good faith, but there's no guarantee that the small claims court wouldn't be favourable to HX regardless of any evidence I can produce. Either way I won't pay.

Coupon-mad

There’s no guarantee but you are on the only forum that, since we started counting in 2015, has consistently seen wins and discontinuances in some 99% of reported outcomes for all those years.

The articles are great evidence and getting the venue now to confirm in writing/email, that HX were removed (if they were) or their contract was not renewed and why, would be even better.

nweachus

MOST RECENT CORRESPONDENCE. As someone else pointed out, at no point, including the letter, has any of my correspondence been signed by a solicitor.

Email from Gladstones Solicitors 25th August 2021.

We write further to our previous letter (attached) and note we have not received a response or payment of the full Amount Due/ Debt. 

Our client wishes to resolve this matter amicably and without the need for costly Court proceedings. However, owing to your lack of payment, considers it has no other choice than to issue Court proceedings in the event the Amount Due/ Debt remains outstanding. 

The Pre-Action Protocol (‘PAP’) period has nearly expired and our Client is not prepared to extend the same further without good reason/ contact from you, owing to your lack of engagement with the PAP thus far. 

We invite you to make payment within the next 7 days. Our team is ready to try to work with you to resolve this matter without the need for Court proceedings and it is important you contact us upon receipt of this email. 

Email to Gladstones Solicitors 31st August 2021

Reference: 104263.895

I write in response to your Letter Before Claim dated 17 August 2021.

I wish to dispute the debt owed to your Client, HX Car Park Management Ltd.

The original Parking Charge Notice was challenged, as I had paid the original car park fee (the “Parking Charge”) as advertised by your Client in the Cartmel Racecourse Car Park ref. LA11 6QF (the “Car Park”). The sum was paid in accordance with the T&Cs displayed in the car park on 22 December 2020. 

I therefore dispute the Debt on the following grounds:

 (i)             Your client submits that the Parking Charge was not paid – however, the Parking Charge was paid accordingly on 22 December 2020, evidence of which is available upon request;

 (ii)              Having challenged the Parking Charge Notice, your Client submits that my vehicle registration (** ***) was not entered correctly.  However, your client was able to identify my vehicle registration (** ***) in their previous correspondence. I also note that the vehicle registration has been identified in the Letter Before Claim. I am therefore uncertain as to how your Client was unable to identify the payment matching my vehicle registration;

 (iii)             The only reason why your Client would need to identify a vehicle registration is to ensure that the vehicle owner has fulfilled performance of the contract, namely payment of the Parking Charge; and

 (iv)            In any event, the essence of the contract between myself and your Client upon entering the land was that I paid the Parking Charge. Your Client received the adequate fee for my entering of, and parking in the Car Park. My performance of this contractual condition was therefore fulfilled. 

Should your Client continue to dispute this matter, I would ask that you please provide a copy of your Client’s Terms and Conditions.

I trust that the grounds I have outlined above provide adequate grounds to discharge this claim.

Email from Gladstones Solicitors 14th September 2021

We write further to previous correspondence in this matter. 

Whilst we have noted the content, your representations do not amount to a defence.

An obligation of yours pursuant to the contract (the sign at the site) was to ensure that you entered your correct vehicle registration so the payment would reconcile. On this occasion you didn't and therefore incurred the charge. This can be supported by the redacted vehicle list enclosed; your vehicle registration shows "SV". Further our Client allow motorists a two-digit allowance in place as human error can occur, yet this allowance was exceeded. The parking charge has been issued correctly.

It is an integral part of the parking scheme that a valid registration is entered as otherwise the scheme would be unmanageable. If our client were to waive one charge based on your argument it would open the floodgates to the waiver of many more charges making the parking management process that has been put in place entirely redundant.  

To ensure no further action is taken, you should make payment no later than 14 days from the date of this email. 

In the event we do not receive payment within the time scale specified, our Client reserves all its rights, including the right to commence Court proceedings, without further reference to you. 

To make a payment, please call 01565 755088 and speak to one of our advisors.