Free Traffic Legal Advice

Where is this correspondence dated July 2024 which you say is an Exhibit in your WS?

Either they indemnified you or authorised you(upon which you acted in good faith) or you misunderstood.

However, upon them contacting UKPC, they've stated due to how far gone this is with legal involvement they are unable to do anything.

Pl post what you have. This doesn't smack of them paying, they could pay NOW if they wanted to.

Something isn't right with matters.

For your WS, you need to lay out all the points you will be addressing. In your case, you should start of with some preliminary matters regarding the failure of the claimant to fully particularise the claim in accordance with CPR 16.4.

Your WS is written in the first person and it is your version of events. You will be the only witness that was at the location at the time and so has some weight. You should explain that you have managed to put together some evidence that you had permission from your manager at the location to park for the duration of your shift. You will evidence the email from your manage, although it is weak and not very specific with regards to the actual contract in place between your employer or the landowner. Still, it is better than nothing.

As it is UKPC, you should mention that the signs are incapable of forming a contract as the charge is in minuscule font. Show the sign compared to the Beavis sign. That will show how deficient it is.

Here is an example of how the evidence should look in order to make your point:



Throw something together and show us so that we can critique it and help you get it right.

Throw 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.

OP, 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/or
Your employer guaranteed unconditionally to indemnify you against any parking charges

The 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 LINK

If 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.

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?

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.

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!