Show Posts - fluffysocks36

Before digging myself a deeper hole I mightn’t be able to climb out of, I contacted the firm you recommended @b789. They’ve advised me they’d review the documents I’ve already filed and served and see if they’re able to assist. My worry is they’d only have by 1630PM on the 14th of August to file and serve any documents they wish to on my behalf should they think they’re able to save me from this tom foolery. I really hope they can help, if not they’ve said they can try to tackle the issue on an employment matter and would have to pass me onto the appropriate department. I’ll keep you updated depending on what they say hopefully tomorrow since I’ve not heard anything back today fingers and toes crossed!

Thank you once again B789! I'll definitely still be going to the hearing to defend the claim as I do not want another CCJ by default. However, I think this is too far gone to submit another defence and draft order since I would be required to file an N244 form as you previously mentioned.I can attempt to get a copy of the contract with JLL from the current manager of the store, however, I don't want to get him in trouble either since he has tried on multiple occasions to communicate with UKPC regarding the matter with the response always being due to it having reached a litigation stage there's nothing more they can do. I did however recently fill out their online form asking if employees of where I worked were permitted to park on the Land and I am awaiting a response from JLL.I have a feeling the judge will rule in their favour based on them claiming I was breaching the contract I "agreed" with upon entering the car park despite being an employee and not a customer as their signs stated.I don't know if ACAS would be of much help either, however, I've drafted a letter I'm hoping to send to my employer upon the conclusion of this case if the outcome is I have to pay the "debt". Would you say it's a bit too late to contact Contestor Legal Services now as the court date is fast approaching and I have already filed and served both my defence and witness statement which were incorrect to begin with?Quite frankly, I was screwed over massively by my employer for them not having dealt with this appropriately at the initial PCN stage where this all could've been avoided.

Apologies! Here's the link: https://www.dropbox.com/scl/fo/s24zd5kpf9c4lglqisro8/AMcfevtCnXQzNzqOvFSpRFA?rlkey=kk0nhnh6yk9rsc5mbfl120eyf&st=dihjj0yu&dl=0 I don't believe they own the land since it's a retail park. From the exhibits provided by UKPC/DCB I think the land is owned by a company called JLL. But there might be a contract between my company and JLL since they're likely to be renting a spot on the land from JLL, which was my logic behind it.I will be contacting an employment lawyer tomorrow to see if I have a case or if I am able to take my employer through mediation to recover the losses I have incurred as a result of the negligence and failed duty of care. Is it still worth tackling this from a me V UKPC perspective?

Quote from: b789 on 11 Aug, 2024 15:50Throw something together and show us so that we can critique it and help you get it right.I have put together what I think you suggested, but please let me know if I have gone wrong anywhere. They are labelled screenshots at the bottom of the dropbox link.Quote from: H C Andersen on 11 Aug, 2024 16:42OP, you knew full well the restrictions on site, IMO the court is not going to attach any weight, or at least insufficient to get you off the hook, to such (IMO) minor issues. In fact if on the one hand and to make one argument you say you knew and then, to make a different argument, you claim you didn't then you might well upset the judge. b789's tactic is to throw everything in, relevant and, shall we say, less relevant, in order to bluff DCB out of the game.It has worked in the past, but IMO normally when played earlier in the game. It is not a silver bullet and indeed at least one poster has suggested that for the sums claimed here it wouldn't work anyway. I'm still baffled by the relationship with your employer and the way you've let this slip. You know far more about this context than your docs could show. The store manger's email seems unequivocal, so why haven't you gone back for the further help offered. By the way, this email doesn't mention Head Office. We've no idea who 'Property' is. Are you saying:No breach because UKPC were supplied with your VRM which was or should have been included on an 'exempt list' pursuant to an agreement which your employer had with UKPC, and/orYour employer guaranteed unconditionally to indemnify you against any parking chargesThe July email is well after the fact, do you have any contemporaneous correspondence? I did not know the restrictions on site, once I was made aware by my employer that I could park on the land, I did not question this or second guess it since I took that as approval. The PCNs being issued did cause concern to arise which is when I spoke to the manager to notify them of the situation to which they told me give them the PCN and they'd deal with it. I have a screenshot dated 11/07/2022 with a fine dated 30/06/2022 notifying my employer of the PCN and providing my VRN to ensure I was on the exemption list MANAGER SCREENSHOT DROPBOX LINKIf I was able to SAR UKPC (it is too late now since they won't respond prior to the hearing. I could've possible shown I was on the exemption list whether that was before or after the PCNs were issued highlighting my ability to park on the land as an employee. I don't know where it's gone wrong. Whether the manager at the time didn't deal with the PCNs properly, or notify UKPC is beyond me since I had no involvement other than handing in the PCNs as instructed. I don't believe I was in breach of any contract since I was given explicit verbal permission I could park in the car park. Had the employer said I was not to park in the car park I would've sought alternative parking arrangements to avoid this massive problem I am now having.

I have added the same exhibit I'm using in my original WS to the dropbox link labelled "email correspondence" and the email I received from properties stating they were unable to do anything labelled "properties correspondence". Ultimately, they advised me to write a letter to head office which I am yet to do.

Quote from: H C Andersen on 11 Aug, 2024 10:45 [edit..given that you claim that you have an email from your employer dated July 2024 that you 'were entitled to park on the land.' Is your employer your defence i.e. here's an email which proves that employees were entitled to park and therefore no breaches occurred. The simplicity of this has rather been lost in the vast amounts of paperwork IMO] In relation to what you've said here. I have retrospective permission given by my employer (the current manager of the store I worked at) stating staff is able to park there. Please see the email correspondence below. I have included this in my witness statement with the email correspondence as an exhibit but I don't know entirely whether that is sufficient.--------------------------------------------------------------------------------------------------------------To whom this may concern, I hope this email finds you well! I had a query regarding parking at XXXXXXXXXXX Retail Park, XXXXXXXXXX. As an ex-employee between the dates 20/06/2022 and 03/07/2023. Was I permitted to park in the car park regulated by UK Parking Control Limited exceeding the maximum stay for customers? I was informed at the time of my employment by Dom that employees were permitted to park on the Land, however, wanted some clarification on this matter. I look forward to hearing from you! Kind regards, XXXXX XXXXX--------------------------------------------------------------------------------------------------------------Dear XXXXXYes all staff working for XXXXXXXXXXX retail park are permitted to park free of charge however long your shift may entail for that day/evening. If there is anything else I can help with in regards to this matter please don't hesitate to get in touch.Kind regards XXXXXX XXXXXXStore ManagerXXXXXXX

Quote from: H C Andersen on 11 Aug, 2024 10:45OP, as I understand it:You have admitted to being the driver at the relevant times;You know that you were not allowed to park for more than 3 hours but did so none the less based upon your employer apparently indemnifying you from any claims.So IMO the key issue is why, given that these matters occurred in 2022, have you not simply written to your employer at that time, or their successors, and asked them to pay? Being booted and suited in court doesn't affect matters IMO. Nothing to date casts any doubt on their claim, simply the post-contract breach procedures. But the contract breaches seem clear and you were the driver.I have tried on multiple occasions requesting my previous employer to deal with the matter at hand. However, upon them contacting UKPC, they've stated due to how far gone this is with legal involvement they are unable to do anything. If all else fails and I am required to pay of the supposed "debt" I plan on speaking to ACAS and considering taking the company to mediation to recover all financial burden I have had to cover as a result of the negligence of the management as well as them breaching the duty of care they owed me as an employee since this has caused unnecessary stress and financial costs. What would your advice be to the above? I look forward to hearing from you

Quote from: b789 on 11 Aug, 2024 00:31You have not mentioned which court the hearing is at.Hi sorry, not sure if you saw but I did mention in one of the posts above that the hearing is at County Court Birmingham.Thank you for the information! I'll submit the defence and draft order to the court and to DCB in the hope the judge will actually review those documents! Are you able to advise on how to write the WS but still relate it to the points you raise in the defence/draft order as I'm still unsure of how to do this? Thanks!

I understand. Might it be worth contacting the court via phone to see if I can resubmit my defence alongside a new witness statement since I have already submitted one?Regarding UKPC/DBC issuing new PoC, would that not just mean once they've got the new PoC issued they'd still try to have a ruling in their favour with their witness statement I have uploaded in the dropbox link?This bit you mention hear "“Bearing in mind the contents of the defence I would strongly suggest that the judge makes the attached order in support of which I also attach transcripts of two cases which support the proposition that the judge should make the order I suggest”." Would I be including that before or after the draft order and how exactly would I provide the court with the transcript?I'm not entirely sure of how to prepare another witness statement with all the points you mention in the defence. I have no legal background and don't quite know how I'd make it work.

Once again, thank you for the information you've provided! Are you able to advise how I might be able to go about submitting another draft order/defence? The case will be heard at The County Court in Birmingham.I massively regret not coming here before I went ahead with sending documents off to the courts and to the claimant. I was only made aware of this today by a friend Is there any chance you have a PDF copy/Word document of what you've suggested I submit? I still have time before the 14-day period is over. But I'm unsure of how to submit the new defence

Hi, thank you for this information! This has made me feel a little relieved with what's going on!I have composed a dropbox link of the PoCs, DCBs Draft Order, my Defence Statement, my Witness Statement and the DCBs Witness Statement. I really hope there is sufficient information within these files for you to help me! Once again, thank you!Dropbox link: https://www.dropbox.com/scl/fo/s24zd5kpf9c4lglqisro8/AMcfevtCnXQzNzqOvFSpRFA?rlkey=kk0nhnh6yk9rsc5mbfl120eyf&st=e7yemq8b&dl=0

Hi, apologies for the confusion! I have not filed a counterclaim. What I was meant to have said was the DCB legal representative has stated “It is my respectful submission that the Defence is entirely without merit and as such it is requested that the Defence is struck out and Judgment awarded in favour of my Company, payable forthwith.”Correct! The CCJ was set aside pursuant to CPR13.2I filed a defence statement prior to the hearing to set aside the CCJ. I acted as a litigant in person where the Judge at the time suggested I complete, file and serve my witness statement 14 days prior to the Small Claims Track hearing. I misunderstood this and so submitted my witness statement well before the 14 day period.I was able to obtain the Particulars from the CNBC once I became aware of the court proceedings only after randomly checking my credit score. This is where it became evident that something wasn’t quite right.I’ve tried to upload a copy of the General Form or Judgment or Order but have been unable to do so. The contents were as follows:UPON hearing the Defendant in Person.AND UPON the Court considering the letter from the Claimant dated 24/05/24.AND UPON the Defendant having confirmed that a defence has already been filled and send with further copy handed into the Court at this hearing.IT IS ORDERED THAT1. The Judgment entered on 30/05/24 is hereby set Aside.2. The registration of the Judgment is cancelled.3. The Claim is allocated to the Small Claim track.4. The Claim is listed for trial on the first available date after 56 days, time estimate 1 hour, in person.5. 14 days prior to the trial, the parties are to file and serve any witness statements, and evidence they seek to rely UPON.My witness statement was filed and served on 10/07/2024.

Advice for a Small Claims Track hearing with UKPCI’m based in England, I have an upcoming hearing in County Court (Small Claims Track). As a Defendant, I submitted my initial Witness Statement well before the 14 day period allowed by the courts. I received an email yesterday from the Claimant’s representative with their witness statement. I feel as if the Claimant has used my witness statement to formulate theirs which fails to acknowledge a lot of the points I raised in my own defence. To provide some context. I was an employee at a company. At the start of my employment management made me aware as an employee on the Land I was permitted to park in the car park regulated by UKPC. I was made aware I would receive PCNs, however, to notify management and they’d be dealt with. I did as instructed, informed management and gave them the letters I’d received through the post from UKPC requesting I pay off the fines. I moved student residences in that time and I stopped receiving further correspondence. I assumed they had been dealt with. A year or so letter I check my credit score out of curiosity and come to the realisation a CCJ had been filed in my name. I was able to dispute the CCJ using the N244 form. At the initial hearing the Judge cancelled the registration of the judgement. Since, the claim has been moved to Small Claims Track.The court hearing on the 28th of August is for the money I supposedly owe as the PCNs were never appealed by my employer. They’re using the narrative that the signage clearly demonstrates I entered a contract with the Claimant whereby I agreed to meet the terms and conditions of “Parking for customers only” and “3 hour maximum stay”. My employee in this matter was negligent and lacked duty of care with regard to resolving the issue as they said they would. But I’m unsure of what to do moving forward as the Claimant requests the court strike out my claim as it has no merit and essentially the Judge rules in their favour. Despite the fact I’m not making up the idea of employees being permitted to park in the car park. Even the contract between the Claimant and Landowner states The client: “agree to update and maintain an exemption list of vehicle registrations and bring this to the attention of UKPC in a timely manner prior to the Parking Charge being issued. The Restrictions will apply to all motor vehicles including those on the exemption list”.Any advice would be appreciated