DCB Legal Court Hearing 28th August

InconspicuousSheep21

Hi all, thank you for that common above @Coupon-mad! It has given me some reassurance

Although, this morning I have awoke to some new evidence which I think may work out on my favour. In Cs WS, they state:

9. At the time of issue, my Company was instructed by the owner of the Land (“Landowner”) to manage parking on the Land. A copy of my Company’s agreement with the Landowner (“Landowner Agreement”) is exhibited to this Statement at “EXHIBIT 1”.

10. I confirm that the term of the Landowner Agreement has been extended by mutual consent of the parties.

The “Landowner Agreement” had a logo (JLL). I have since contacted JLL and received a response this morning. My question was:

“I just had a quick query regarding one of your properties located in XXXXXXX.  The Land in question is XXXXXXX, XXXX XXXX Retail Park. Are employees of XXXXXXX XXXX XXXXXXXXX able to park their vehicles in the car park on your Land regulated by the UKPC. This is because the signage does not make it very clear if employees on the Land are able to park in the mentioned car park.”

To which JLL responded:

“Good morning, XXXXX XXXX

I hope this message finds you well.

Thank you for your message. Unfortunately, JLL have not managed this site since 2021. 

Apparently, the site is now managed by CBRE.

I wish you the best in your endeavours in resolving this matter.

Kind regards,”

From my understanding of the above, they have no legs to stand on since the contract they’ve provided with them and their client is of no effect since my employment on the Land was between 20/06/2022 and 03/07/2023. With the site not being managed by their supposed “client” since 2021 would mean their authority to regulate the land as such quite frankly did not exist and so the PCNs should never have been issued. Do you think they’re enforcing car parking on the premises without the current Landowners authority since there was no mention anywhere of CBRE in the Cs WS? How does this affect me defending the claim? 

Any advice/suggestions/ideas are welcome

InconspicuousSheep21

Update to the above, I’ve since called CBRE who is apparently the new Landowner requesting information regarding regulation of parking on the Land. They’ve said they’ll call me back with the information if they are able to locate the agent responsible for the Land.

Coupon-mad

Very good work.

Yes you should expose this at the hearing.  You may need to add a Supplementary WS after all (but only a short one!).

InconspicuousSheep21

I have received the call back from CBRE who’ve unfortunately confirmed that UKPC does regulate their car park where I was working I’m unsure of what to do moving forward.

I don’t really know if I stand a chance just on the basis alone I was an employee given permission by my employer at the time! Very stressful. To top it all off I’ve heard nothing from the legal firm I contacted yesterday haha, not good.

LDast

InconspicuousSheep21 said:

 To top it all off I’ve heard nothing from the legal firm I contacted yesterday haha, not good.

Are you saying Contestor Legal Services have not been back in touch?

Gr1pr

InconspicuousSheep21 said:

I have received the call back from CBRE who’ve unfortunately confirmed that UKPC does regulate their car park where I was working I’m unsure of what to do moving forward.

I don’t really know if I stand a chance just on the basis alone I was an employee given permission by my employer at the time! Very stressful. To top it all off I’ve heard nothing from the legal firm I contacted yesterday haha, not good.

IMHO, if they submitted the previous contract with Savills, and no actually in force contract with CBRE, then you still have a valid witness statement because of promissory estoppel, you relied on the permission by your employer business on that site as a working employee there, not as a customer !

You can always object to any new exhibits once the 14 days deadline has passed, if you use it in a short WS by tomorrow, at the beginning of the hearing, preliminary matters, should it be needed 

Not disclosing an in force legal contract could be fatal to their case 

But IANAL 

Coupon-mad

InconspicuousSheep21 said:

I have received the call back from CBRE who’ve unfortunately confirmed that UKPC does regulate their car park where I was working I’m unsure of what to do moving forward.

I don’t really know if I stand a chance just on the basis alone I was an employee given permission by my employer at the time! Very stressful. To top it all off I’ve heard nothing from the legal firm I contacted yesterday haha, not good.

You do NOT need a solicitor.  Leave it.

You are fine.  Nothing has changed.

You can still point out at the hearing that their landowner authority evidence is out of date and your emails prove that you were authorised to park for the length of your shifts.

We all predict you will win.

Grizebeck

Definitely don't need contestor legal for this

InconspicuousSheep21

I'm in the midst of drafting a new witness statement since the original had no real legal arguments and relied purely on facts rather than legal provision. My worry is a lot of the legal jargon and CPRs I don't actually understand well enough, if I do go to court and I am required to defend the claim and explain the different cases I predict I will fumble massively hence the cry for help with contestor legal. 

Just as a general rule of thumb, does a witness statement hold the same level of credibility as a defence as I feel this might be my only redeeming factor.

In addition, if I were to ask contestor legal to attend, would I be able to recover their fees for attendance from the claimant?

Coupon-mad

No you would not get those costs. This is NOT a case for a solicitor to need to attend.

Please DON'T do another WS.

Did you miss my posts telling you not to?