HX Car Park Management fail in court

Following the recent report on BBC Radio 4, John Wilkie recently represented one of our clients at a court case in Manchester, involving HX Car Park Management, an IPC company.

Needless to say that HX did not send their witness, Kenneth Marland, to court, and its probably quite a good job that he didn’t come as his witness statement was not well received by the court. It was also a duplicate of pretty much every statement produced by Gladstones Solicitors, the only difference being who forged the signature this time around.

John Wilkie, in compliance with his first duty to the court, took the judge through the witness statement, then proceeded to show how incorrect it was. The court agreed, particularly as the photographs were not of a parked vehicle, and the contract required 4 such photographs of a parked vehicle, not simply 2 photos taken by ANPR. As a result, the court could not be sure that the vehicle was, in fact parked for the period claimed.

Additionally, the Notice to Keeper was found to not comply with the stringent requirements of Keeper Liability,  the Landowner Contract did not give authority for HX to enforce against the keeper, and the contract required parking patrols, not ANPR.

The claim was dismissed, and the Defendant was awarded full costs due to the unreasonable behaviour of the Claimant.

Unsurprisingly, as yet the Claimant has not paid the court order!