Hi everyone,
While I was at university last year, I started working at ASDA in Bournemouth, I chose to be transferred from my home town ASDA as I had previously worked
there. On my first day I parked in the main car park outside ASDA, and since I had worked for ASDA before, I know to hand my vehicle registration plate number in to the person at the customer services desk. This is what I did on my first day, and if needed would be found on CCTV. After about a week, my parents back home in Surrey informed me they had received numerous parking fines for me. This was very confusing as I know that I handed my vehicle registration number in. The first thing I did was message my section leader and explain to him the situation.
He then responded by telling me they just need the ticket numbers and that a couple other of the section leaders will email off for them to be cancelled. This sort of thing happened quite often and told me I don't have to pay them, but just not to wait until final reminders. I stayed persistent with them, constantly asking them in person where they are at with it, in which they responded they're "going to sort it". It got to a point where I was worrying and when I looked at appealing myself, it was beyond the appeal window.
It had gotten this late because my managers kept telling me not to worry and that they will be the ones to sort it, and
that I don't need to do anything. I then left that particular ASDA when I finished University and transferred to the one back home, but stayed in contact to try and get it all sorted.
Certain managers that were supposed to be sorting it, then started to leave the company, so when I would contact them they would tell me to contact someone else, who had no idea about the situation. I would contact these people and even went into the store multiple
times since leaving to tell them to sort it but nothing ever happened despite saying they would sort it. One of the people that I got in contact with gave me his number so I could send him the details, and then he proceeded to ignore and then block me, causing me even more emotional stress and anxiety. I firmly believe that the responsibility for this kind of thing falls on Asda, since I did everything I was supposed to when I parked. I’m not sure what else to do at this point, but I’m willing to do whatever it takes to make this right.
UPDATE: I have sent off my defence with evidence attached, the court has let me know that the claimant STILL wants to go ahead with the claim but if I respond within 7 days I can still settle the case by paying the fine without a CCJ being issued against me. My question is, should I just pay it and then make a claim against ASDA as this is all their fault for not entering my details when they should have done.
Also one of the factors that a judge looks at according the UKPC's website, is if the charge was made fairly. I don't see how any of this is fair whatsoever. Since ASDA clearly have a deal with UKPC that you can park there for unlimited time as long as you are an employee of ASDA, which I was.
Pl post a copy of your defence.
Also, if I read your post correctly you have not made contact with UKPC or their representatives at any time(including responding to their Letter of Claim). If you have then pl advise.
You are coming here rather late on in the process, so the amount of help we can render is limited, although you have not yet by the sounds of it submitted evidence and witness statements etc.?
As HC says, a copy of your defence would be useful.
UKPC do have something of a habit of playing chicken with defendants then discontinuing at the last moment. Whether their decision to do so hinges on the quality of the defence, I'm not sure.
You are coming here rather late on in the process, so the amount of help we can render is limited, although you have not yet by the sounds of it submitted evidence and witness statements etc.?
As HC says, a copy of your defence would be useful.
UKPC do have something of a habit of playing chicken with defendants then discontinuing at the last moment. Whether their decision to do so hinges on the quality of the defence, I'm not sure.
The main post is basically my entire defence which I sent them, I didn't know to contact this forum until later which is why it is quite late on in the process.
I have submitted evidence with my defence but I didn't need to, that stage hasnt come yet. It is at the stage where they are sending me a "questionnaire" about the way we proceed.
If my defence isnt good enough, should I just pay it and try and claim it back off of ASDA?
Ok that’s not actually a defence.
A defence is a series of legal points as to why nothing is owed, facts shouldn’t be in the defence but in the evidence pack you produce later.
Is that EXACTLY what you wrote, we really need the EXACT ‘defence’ you submitted.
Pl post a copy of your defence.
Also, if I read your post correctly you have not made contact with UKPC or their representatives at any time(including responding to their Letter of Claim). If you have then pl advise.
The only time I tried to contact UKPC was much earlier on while trying to appeal but it was too late
Ok that’s not actually a defence.
A defence is a series of legal points as to why nothing is owed, facts shouldn’t be in the defence but in the evidence pack you produce later.
Is that EXACTLY what you wrote, we really need the EXACT ‘defence’ you submitted.
Up until the word "Update", that is exactly what I wrote. It's obvious I've already made a mistake with the defence then, what does that mean?
I don't know what to do
OP, your post refers to one PCN, so what happened to the 'other tickets'?
The only defence point which I can identify is that you complied with the conditions of use by doing everything which could reasonably have been expected of you i.e. providing your VRM to customer services. Not because this is what you did before, but because this is what was required.
But we wouldn't know because we haven't seen any signs or internal staff memos notifying you that this is required.
Do you have both?
OP, your post refers to one PCN, so what happened to the 'other tickets'?
The only defence point which I can identify is that you complied with the conditions of use by doing everything which could reasonably have been expected of you i.e. providing your VRM to customer services. Not because this is what you did before, but because this is what was required.
But we wouldn't know because we haven't seen any signs or internal staff memos notifying you that this is required.
Do you have both?
I'm referring to all of the PCN's, they have put a case together claiming on all of the tickets put together.
Yes that is my only defence, I complied with all of the requirements. And I only know to do this because this is what the manager tells all new employees to do, I'm sure ASDA has something internally that states we are allowed to park there for free, but there are no external signs stating this.
If I pay it to avoid the CCJ, would I be able to claim it back off of ASDA? Since it was their responsibility to put my details into the system, but instead their complacency and incompetence caused this mess
You don't get a CCJ until you have gone to court, lost and then not paid withing the required timeframe.
You don't get a CCJ until you have gone to court, lost and then not paid withing the required timeframe.
I know but if a county court makes a judgement then I get a CCJ, of course I can get this taken off if I pay within 30 days, but it still appears on the public register if lenders want to search it. It will say "settled" but its still not great to have on there.
If you pay within the deadline it does not appear on the public register
We've not seen anything. You're trying to manage this with narrative and it won't work.
We need notices, photos, documents etc.
And ..'I only know to do this because this is what the manager tells all new employees to do, I'm sure ASDA has something internally that states we are allowed to park there for free, but there are no external signs stating this.' is not the same as this is what I was told.' How was your employment dealt with and confirmed, you must have something from them surely?
The claimant's case is based on the breach of a contract by virtue of the driver not complying with the terms which were specified in signs clearly displayed at the location and deemed accepted by the driver's actions.
How can we advise without these terms?
As regards you and ASDA, what would be your cause of action, negligence/breach of your contract of employment? IMO, to prove this you would need to show that they agreed to obtain parking rights for you on receipt of your VRM. Can you?
I know but if a county court makes a judgement then I get a CCJ, of course I can get this taken off if I pay within 30 days, but it still appears on the public register if lenders want to search it. It will say "settled" but its still not great to have on there.
A CCJ paid within 30 days of judgment is completely
expunged from your record. It's as though it never existed.
Only if a CCJ is paid after the 30 day deadline is it marked as "satisfied" which is almost as bad as not paying it. There is no danger of a CCJ unless you choose to ignore it.