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Friend at WS Stage - Due next week. UPDATE: Court Report 6/1/23

edited 6 January at 7:50PM in Parking tickets, fines & parking
24 replies 662 views
TaikoTaiko Forumite
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Trying to assist a friend of mine who, very late in the day, asked if I could loan them cash to pay. By the time I discovered this, a claim had already been issued (DBC for UPKC). Claim is an in-person hearing in Sussex, and I have offered to travel up as a lay rep to help present their case as they suffer from severe anxiety and panic attacks. I'm going to help them with what they need to include in their WS based on the sticky, but wouldn't mind a quick opinion on a few points. 

- Windscreen tickets issued four years ago on retail park where D worked. Employee parking not usually given on this site, however D had medical issues at the time and requested to park closer to this. 

- SAR to PPC showed 5 tickets issued within the period, however claim is only for 3 of these. Appears that two may have already been cancelled. Belief held was that all had been due to whitelist. 

- D left employment in July 2021, and having approached old employer unable to obtain any confirmation regarding this consent.

- GSV shows usual UKPC signage, as both customer parking and no unauthorised vehicles on separate signs. Claimant WS only shows customer parking sign. 

- Contract with landowner alludes to share of proceeds. Think I read this links into VCS/Somerfield cases? 

- LA contract states is "for the term or until this contract is terminated in accordance with the terms if earlier"

 - Term is defined in the contract as "the period of this contract being 12 months or any shorter period if terminated by either party in accordance with the provisions of the contract". 

Based on the above definitions, the contract provided would have ended many months before tickets were issued. 

Issues I can see in prepping this is the struggle to get anything from the previous employer, given the length of time between the matter and the issue of a claim. I've suggested payslips etc for the period in question, as well as doctors information to support this, but wonder if it would be enough. 

Likewise, I wonder if it is worth alluding to the unclaimed tickets, which seem to suggest the employer correspondence was handled by the claimant to cancel them in the first place. Should the reason they are not claiming for those two that were issued be challenged in order to support the case that evidence had been given of an exemption? 

I wish they'd told me about this earlier as would've been able to do so much more to help, but does seem mental health issues have overrun things. Thanks all in advance for any input. 


  • JohnershJohnersh Forumite
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    1. Is the medical condition obvious. Eg. If D struggles to walk, the likelihood of him/her having being permitted to park is obvious on balance of probabilities, not least where an employer has a duty of reasonable adjustment.

    2. If D held gainful employment with the retailer for 1+ years, parking daily, why only 3-5 tickets? Isn't this more likely the product of an over-zealous parking attendant than a withdrawal of permission.

    3. No one can give targeted comment without sight of Cs statement, but it is usually generic, prepared by a paralegal or someone who:

    * has never visited the site
    * relies solely on information on a PC, such as a mock-up of the sign, rather than photos in position
    * consists of argument, not fact from their own knowledge
    * does not have actual content from the parking attendant or store manager
  • TaikoTaiko Forumite
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    Thanks for the reply. In answer to the points:

    1 - Chronic Fatigue Syndrome, diagnosed one month prior to the first ticket being issued. Now supported by doctor's medical records confirming date and that the issue was, and still is, ongoing. 

    2 - Parking did continue until the end of employment, 2.5 years after the ticket date, with no further tickets issued. Does lean into the consent issue, so will therefore ensure they include in WS. 

    3 - Will dig out and copy over relevant parts from the statement this evening to discuss. 
  • edited 3 August 2022 at 2:27PM
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    edited 3 August 2022 at 2:27PM
    CFS meets the definition of disability under the Equality Act 2010, so attach the evidence of it.  Use Johnersh's words and phrases, as he is a rare breed if a solicitor who actually 100% 'gets' parking law!

    We have a terrific group of regulars here. We also had a retired Judge posting here at one point, but he doesn't any more and I won't name him (not from Sussex but I knew who he was).

    For an example of other exhibits and arguments against the false added £70, copy and adapt the WS bundles by @Daiapolon2021 or @aphex007

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_KirkLe_Kirk Forumite
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    Have you access to the defence that your friend posted?  Obviously the witness statement is in support of and backs up the defence.
  • TaikoTaiko Forumite
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    Managed to get hold of the defence, which actually does appear to be from the main sticky, albeit with some minor additions. Admitted they were the driver, and stated that they had consent from their employer to park there on medical grounds, as well as issues with the signage. 

    Will use those WS statements as a guide to help them put things into their own words. I'll go through the claimant WS tonight and do the redactions as well so can share here. Like has been said though, it's probably a generic statement from them that hasn't really been adapted! 

    Bit of luck it'll follow the current trends of a late discontinuance, if not I'm hoping that Wh*resham is nice for the in-person! 
  • UmkomaasUmkomaas Forumite
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    Great stuff @Taiko, excellent win and super court report. Nice one. 👍
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • GrizebeckGrizebeck Forumite
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    Well done. Good report and i would do the latter personally. Others may not agree
    Lay Rep in the County Court dealing with a variety of civil cases
  • patient_dreampatient_dream Forumite
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    Great read, well done.

    UKPC certainly know how to pick their legals who get sucked in with their rubbish

    DCBL may well try to hang themselves again, they have been doing it for a while now


    And well done also to DJ Owen who saw through the scam

  • TaikoTaiko Forumite
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    Did make me laugh when he mentioned Elms, as felt then we were onto a good thing. 

    From what I can tell, their advocate has been called to the bar in November 2022, but seems to be unregistered at the moment. Just made it feel that little bit sweeter! 
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