Free Traffic Legal Advice

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!

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?

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.

OP, 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

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.

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

Advice for a Small Claims Track hearing with UKPC


I’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