Yes I should get company sick pay. However it seems they are just going to pay me SSP.

I have just had a return to work interview where I was off sick for 9 days in total. I have been told by my manager that due to company procedure that due to me being off sick on more than 3 occasions in a 12 month period they will not be paying me the days I was off sick. Their company procedure states that: "The Company reserves the right to limit the number of absences in any 12 month rolling period to a total of 3 periods of absence. At this time the Company will review the application of the sickness scheme and reserves the right to withdraw the entitlement to OSP at any time" I had followed procedure and had contacted them keeping them updated of my illness and I went to the doctor on the 3rd day of me being off sick and I have a doctors note for the period I was off apart from the 1st 2 days. My question is, where do I stand, are they allowed to not pay me anything? What do I do now?

Update - Case eventually went to court a couple of weeks ago - after much deliberation from the judge with Devere parking that that they had no paperwork to prove that I had a contract with them and I already had a contract with the landlord to park there for free with my tenancy - Case was dismissed. Thanks very much for all your advice.

This is my defence: I am not liable for the parking charge. Your company have no proprietary interest in the land and thus unable to offer me a contract to park on the land. Simply put, you have no locus standi or legal capacity to contract with me. The enforcement of any parking charge is exclusive to the landowner. Furthermore, it is incumbent upon the actual landowner to demonstrate that he has suffered actual financial loss as a result of me exceeding any contractual terms, if any, in what is a free private resident car park. Furthermore, a punitive demand in what is a free private resident car park, it is contended, would be judged by the court to be unreasonable and therefore, would be amongst other things an unfair contract penalty under the terms of The Unfair Contract Terms Act 1997, which would not be legally enforceable Furthermore, the charge is not an appropriate amount. It is trite law that the imposition of charges for parking or trespassing on another person’s property MUST reflect the actual loss incurred by that action. Since this is a free private resident car park where I currently reside, there is no loss to the landowner so any charge is punitive which has been held in the High Court to be unenforceable.

This is just an update to my situation - my hearing is for Friday 28th June @ 10am at Bournemouth County Court. This is a conciliation appointment. We will see how this pans out, I find it astonishing that it has got this far and ultimately Devere Parking are taking me to court for £150 + £25 court costs for parking in my own residential car park!

Thanks, after plenty of research and advice in this forum, my defence is as follows: I would like to refer to The Unfair Terms in Consumer Contracts Regulations 1999 which apply to private parking tickets. This is what the regulations say: 5 (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer. (2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term. Therefore this parking ticket is not enforceable because of The Unfair Terms in Consumer Contracts Regulations 1999.

So-called Parking Ticket/Fine is only enforceable by a court and only then if the parking company sue you and win. I do not recommend "appealing" because you are appealing to a commercial organisation that issued the so called parking ticket. If you have done so and your "appeal" has been turned down then I DO NOT RECOMMEND appealing to POPLA The parking company would have to sue you and win in order to get you to pay up. Even if the car parking company has won courts have been saying that the amounts they are claiming is not fair and cutting down the judgements to small figures. So even if they threaten to send round debt collectors or bailiffs they can't until they win in court! If they write to you if you do not pay, or if you want to write to them (they will then have your address if you initiate the correspondence) in your position I would say "I wish to have my day in court. Please do not send any more threatening letters as it is criminal offence (remember they can only enforce the so called "parking ticket" by suing you in court) Alternatively you could write but not put an address on the letter saying the same thing. If for any reason they do send round debt collectors (which some try on - I repeat it is not an enforceable debt until a court declares it to be a judgment against you!) I would not open the door - tell them that they are demanding money with menaces and are trespassing and you will have them arrested. Few of these companies pursue these matters to court because so many people just roll over and pay up! The Unfair Terms in Consumer Contracts Regulations 1999 In my view The Unfair Terms in Consumer Contracts Regulations 1999 apply to private parking tickets. This is what the regulations say: 5 (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer. (2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term." This provision certainly applies to so called contracts for private parking. Hope this helps

As far as I know from my landlord initally when he lived there some 20 years ago, not as many people had cars so it was a first come first served basis. There are no allocated spaces in the car park. So I don't think it would say very much on his deeds about the parking.

OK, currently there is no actual signed lease between me and the landlord, it is just an ongoing monthly arrangement as I have been living at the property for +9years. There is a resident committee which I believe had initally agreed with the current Managing agents that a parking system can be put into place in our private car park as from 1st Sept 2011 and all owners including landlords/letting agents to be notified so that parking permits are passed on to the relevant tenants.

The parking system was put into place and agreed between the Managing agents and my landlord that owns my property.

Yes I have gone onto MoneyClaim Online and there is a claim issued against me.

OK. The telephone conversation initially began by them telling me how they made their money and what paid their wages which was simply by people paying on the tickets that they had issued them I have no intention of encouraging this practice and being bullied into paying when I have parked in my own private resident car park. Just need some info on a good solid defence and we will see what the judge has to say about it all.

Ok - particulars of claim are as follows:- This concerns the issue of a Parking Charge Notice (PCN) for a breach of the parking Terms and Conditions in a private car park known as Redhill Court, Bournemouth where the defendant lives. A vehicle registered at DVLA in the defendants name was seen parked and was not displaying a valid permit on the dashboard or windscreen as required. Date of event was 6th January 2013 and vehicle was FP** F**. Signs at this car park state the T and C's and that failure to adhere will result in the issue of said PCN. That the driver of the vehicle will be liable to accept and pay in that they have entered into a contract to do so. Since the Freedoms of Protection Act 2012 the registered keeper will become liable to pay if they have not declared to the Claimant the name and address of any other alleged driver when requested. The defendant telephoned the Claimant on the 7th January 2013 and as a gesture of goodwill was offered a reduced settlement fee of £30. The defendant declined this offer and has ignored all subsequent letters sent to her.

OK, I have scanned the document as best I can.

Hi, I am new to this forum but I have previously read threads about Devere Parking. The Managing agents at my resident car park have authorised Devere Parking to issue PCN's to anyone who fails to display a resident permit on their dashboard. I had forgotten to do so one time back in January and found a PCN from them on my windscreen. I did call them a mistake probably in hindsight where they told me they would let me pay a reduced rate of £30 - I told them I didn't have it and they then said maybe I should ask a member of my family to help with it, I told them no I couldn't do that either. Anyway, since then I have received correspondence from them where the fee went up to £100 and to pay within 14 days which I ignored. Then a 7 day/intent to court proceedings which was £100 again which I ignored. Today, I have received a court claim form from them which is claiming £150 + £25 court fees. How should I respond to this?