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  • FIRST POST
    • pjr1525
    • By pjr1525 12th Apr 18, 11:11 PM
    • 24Posts
    • 29Thanks
    pjr1525
    Incomplete vrn entered
    • #1
    • 12th Apr 18, 11:11 PM
    Incomplete vrn entered 12th Apr 18 at 11:11 PM
    Hi, this is my first post, I would appreciate some advice. I recently received a PCN through the post from a company called HX car park management stating that I had parked without a valid ticket. It supplied photos of my car entering and leaving the car park. I still had the ticket in my car confirming that I ,as an occupant of the car, had paid and not overstayed so I sent a photo of the ticket to their appeals department. They sent me an email the next day refusing my appeal saying that I had not completed the vrn and this was a breach of contract and I must pay £60 or£100. I ,as an occupant of the car, had entered the first four digits of the vrn as some car parks that I have used previously required. This information positively identified the ticket related to the car on which it was displayed. In my opinion I am being charged this excessive amount for what amounts to no more than a typing error. Both myself and my wife are oaps and this represent a significant part of our pensions. I would appreciate any advice. Many thanks
    Last edited by pjr1525; 18-04-2018 at 11:23 AM. Reason: Clarification that I was no the driver
Page 11
    • Pjr1525
    • By Pjr1525 12th Oct 18, 5:27 PM
    • 112 Posts
    • 79 Thanks
    Pjr1525
    Incomplete vrn entered
    Punched in my postcode and the computer said; 1st court was crime only, 2nd nearest court and the one that deals with money claims was the one that I had mentioned was geographically nearest to my home.
    Coincidentally, it happens to be in the same postcode as the car park where it was alleged I'd transgressed.
    At the moment in that town there is a lot of publicity about this ppc's unfair ticketing in the local press, labelling them " scammers " and also I believe there is an active Facebook campaign highlighting this ppc's unfair tactics. Still waiting for my DQ from Northampton.

    The covering letter with GS's copy of DQ very kindly informed me that this was a straightforward case, so no need for mediation, daring to assume that the Judge would automatically find for the claimant! Regards.
    • Ibcus
    • By Ibcus 14th Oct 18, 4:56 AM
    • 115 Posts
    • 53 Thanks
    Ibcus
    Wigan and Leigh Magistrates' Court and Wigan County Court and Family Court are the same place.

    The court in Wigan is not far from the car park in King Street, it's kind of between Lidl and a Premier Inn (that was the main Police station), I guess you know that though.






    It always drives me nuts that they built the court next to the police station to save on tranpsort, tunnels from one to the other, then moved the Police station to the other side of town.
    Last edited by Ibcus; 06-11-2018 at 1:08 AM.
    • Pjr1525
    • By Pjr1525 17th Oct 18, 8:18 PM
    • 112 Posts
    • 79 Thanks
    Pjr1525
    Received direction questionnaire. Following Newbies to fill in. Sending off tomorrow.
    • KeithP
    • By KeithP 17th Oct 18, 8:44 PM
    • 11,270 Posts
    • 11,828 Thanks
    KeithP
    Don't forget to send a copy to the Claimant.
    .
    • Pjr1525
    • By Pjr1525 18th Oct 18, 6:55 AM
    • 112 Posts
    • 79 Thanks
    Pjr1525
    Incomplete vrn entered
    Just to Gladstones, or the claimant as well?
    Last edited by Pjr1525; 18-10-2018 at 7:00 AM.
    • Quentin
    • By Quentin 18th Oct 18, 10:07 AM
    • 38,002 Posts
    • 22,102 Thanks
    Quentin
    Address it to the claimant, c/o Gladstone
    • Pjr1525
    • By Pjr1525 6th Nov 18, 6:46 PM
    • 112 Posts
    • 79 Thanks
    Pjr1525
    Just received acknowledgement from Northampton. My file has been sent to my local court. Just waiting for a court date now. Probably be next year sometime.
    • Ibcus
    • By Ibcus 11th Nov 18, 4:25 AM
    • 115 Posts
    • 53 Thanks
    Ibcus
    Good luck Pj
    • Pjr1525
    • By Pjr1525 15th Nov 18, 5:46 PM
    • 112 Posts
    • 79 Thanks
    Pjr1525
    Incomplete vrn entered
    Waiting for the day when their solicitor stands before a judge and says " yes we know he paid, he provided proof, but The claimant still wants £xxx from him, because he made a human error!"
    • Linnycait
    • By Linnycait 16th Nov 18, 5:21 PM
    • 1 Posts
    • 0 Thanks
    Linnycait
    What if..
    What happens if you have already appealed and they have refused it? They now know I live at that address and can harass me and take me to court? I am a student and I have a permit to park in the car park, my mum is disabled and she was with me so we parked in disabled but forgot to display the badge. I appealed with proof of the badge and they still refused it.

    I have been told to ignore from the security on campus. But by the sounds I may end up in a sticky wicket.

    As I say I'm a student, and simply cannot afford a £200 fine with £73 in my bank to last 1 month and a half.
    • Pjr1525
    • By Pjr1525 17th Nov 18, 7:57 AM
    • 112 Posts
    • 79 Thanks
    Pjr1525
    Incomplete vrn entered
    Do not ignore, no matter what anyone tells you. Fight it. From the alleged infringment to my court date will be estimated 10/12 months, so don't worry about your bank account now, you will only have to pay ( a fixed amount ) if a Judge finds for the claimant, even if they win it costs them more to take you to court with solicitors fees etc.

    It's the injustice that's driving me on now because of the hypocrisy of the ppc, purporting to be even handed brokers only concerned with fairly running private car parks, when their only motive is greed. Fight it and who knows, Sir Greg Knight's bill might cut the legs from under them before you go to court!
    Regards.
    Last edited by Pjr1525; 17-11-2018 at 8:06 AM.
    • The Deep
    • By The Deep 17th Nov 18, 9:36 AM
    • 10,987 Posts
    • 10,958 Thanks
    The Deep
    Wll said OP

    de minimis non curat praetor
    You never know how far you can go until you go too far.
    • Pjr1525
    • By Pjr1525 17th Nov 18, 2:16 PM
    • 112 Posts
    • 79 Thanks
    Pjr1525
    Incomplete vrn entered
    Just got my court date this morning, March next year. 11 months after PCN.
    • Pjr1525
    • By Pjr1525 20th Nov 18, 11:02 AM
    • 112 Posts
    • 79 Thanks
    Pjr1525
    Incomplete vrn entered
    Working on my W/S now, just wondering how to present it to the judge. The judge's instructions to the claimant state exactly how it must be presented, metal fasteners etc, but there are no requirements to the defendant.

    I appreciate it must indexed, paragraphed and numbered etc but can I use a soft covered folder with fixed transparent sleeves inside to hold the various pages and photos.

    Also, would there be any mileage in emphasising the fact that the original conditions on the ticket machine require vehicle registration NUMBER and a subsequently added sigh on the same ticket machine requires all vehicle registration CHARACTERS, as if to acknowledge the first instructions are ambiguous. Regards.
    • nosferatu1001
    • By nosferatu1001 20th Nov 18, 11:35 AM
    • 4,129 Posts
    • 4,997 Thanks
    nosferatu1001
    Yes, you can add that the PDT terms were complied with fully, and any ambiguity or contradiction iwth other, later signs miust be interpretefd to benefit the consumer.
    • DoaM
    • By DoaM 20th Nov 18, 1:11 PM
    • 5,688 Posts
    • 5,578 Thanks
    DoaM
    later signs must be interpreted to benefit the consumer.
    Originally posted by nosferatu1001
    Contra Proferentem

    (Latin: "against [the] offeror"),[1] also known as "interpretation against the draftsman", is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording.[2] The doctrine is often applied to situations involving standardized contracts or where the parties are of unequal bargaining power,
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Pjr1525
    • By Pjr1525 20th Nov 18, 6:04 PM
    • 112 Posts
    • 79 Thanks
    Pjr1525
    Incomplete vrn entered
    Many thanks both for that info. Regards.
    • Castle
    • By Castle 20th Nov 18, 6:23 PM
    • 2,105 Posts
    • 2,828 Thanks
    Castle
    Yes, you can add that the PDT terms were complied with fully, and any ambiguity or contradiction iwth other, later signs miust be interpretefd to benefit the consumer.
    Originally posted by nosferatu1001
    And supported by Thornton v Shoe Lane.
    • Coupon-mad
    • By Coupon-mad 21st Nov 18, 1:48 AM
    • 64,896 Posts
    • 77,467 Thanks
    Coupon-mad
    Also, would there be any mileage in emphasising the fact that the original conditions on the ticket machine require vehicle registration NUMBER and a subsequently added sigh on the same ticket machine requires all vehicle registration CHARACTERS, as if to acknowledge the first instructions are ambiguous.
    Certainly, and you can show the different signs in evidence and talk about contra proferentem, as advised already.

    Show us your draft WS and the evidence you intend to include.
    • Pjr1525
    • By Pjr1525 21st Nov 18, 7:24 AM
    • 112 Posts
    • 79 Thanks
    Pjr1525
    Incomplete vrn entered
    A couple of weeks off yet Coup' not due 'till mid Dec'. Determined to get this right, got a feeling that HX in their determination to be the bestest and most wonderful ppc in the country are going to pursue all claims now with great vigour! ☺️ Regards.
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