Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: zak290 on March 04, 2026, 08:06:11 pm
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No one other than landowner can give the driver permission to park as they do not have the authority.
"Nemo dat quod non habet" perhaps?
Although that seems a fairly narrow interpretation of who can reasonably give a driver permission. If the person who allowed the driver to park was an employee of the landowner acting on behalf of them, in theory that should pass muster.
What you'll ideally need to demonstrate is that the person who told you the vehicle could be parked there was properly associated with the landowner.
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Your WS covers Jopson v Homeguard, and other cases, and it seems to me that this is important. If it comes to court you could also expand on the fact you were explicitly given permission to stop. Other than that, you have the risk of judge lottery on the day, but if I were in your shoes I’d take that risk.
When The driver attended court last time on original hearing date, They lost all material and the judge allowed the hearing to be adjourned for another date. He explicitly said that he will need Evidence from the driver to support the case -
The evidence he requested was, No one other than landowner can give the driver permission to park as they do not have the authority. If someone i.e Manager/Caretaker gave permission to park on what grounds is it and where is the evidence to support it.
So far as I can see, the fact that the car park was gated and the driver had no means of access will destroy the claimant's position - the only way the driver could access the site was when the caretaker gave specific permission and opened the gate - it is quite reasonable that the driver assumed that this was all the permission which was required in the circumstances.
The parking operator will need to show that the defendant entered a contract with them.
In order to demonstrate contract the Claimant will need to show that the driver 'intended to form a legal relationship' with the Claimant - why would the driver intend to form such a contract when they already had permission to use the car park.
The Jopson v Homeguard evidence will add further to the Claimant's woes.
Have you seen the Claimants WS do you think they have shown that a contract was entered and if their WS is strong?
Its not possible to amend WS now is it?
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So far as I can see, the fact that the car park was gated and the driver had no means of access will destroy the claimant's position - the only way the driver could access the site was when the caretaker gave specific permission and opened the gate - it is quite reasonable that the driver assumed that this was all the permission which was required in the circumstances.
The parking operator will need to show that the defendant entered a contract with them.
In order to demonstrate contract the Claimant will need to show that the driver 'intended to form a legal relationship' with the Claimant - why would the driver intend to form such a contract when they already had permission to use the car park.
The Jopson v Homeguard evidence will add further to the Claimant's woes.
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Your WS covers Jopson v Homeguard, and other cases, and it seems to me that this is important. If it comes to court you could also expand on the fact you were explicitly given permission to stop. Other than that, you have the risk of judge lottery on the day, but if I were in your shoes I’d take that risk.
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Claimant witness Statement
1- https://ibb.co/WWLQCgG3
2- https://ibb.co/4ZJryc0G
3- https://ibb.co/tPPXgbMC
4- https://ibb.co/TD3jjV9k
5- https://ibb.co/RT1cVRWk
6- https://ibb.co/KpyF6CyK
7- https://ibb.co/gZts90vJ
8- https://ibb.co/84MnV2KS
9- https://ibb.co/1tXxCXd2
10- https://ibb.co/jkCw8pmV
11- https://ibb.co/twDJWwrZ
12- https://ibb.co/Vcq2GkrR
13- https://ibb.co/fGy0W1JT
14- https://ibb.co/zVQNV0hN
15- https://ibb.co/zTrGGX3J
16- https://ibb.co/nMsz02mg
17- https://ibb.co/kgLVZZRk
18- https://ibb.co/xKS9VpdH
19- https://ibb.co/JLSpfDD
20- https://ibb.co/fVTJsSCM
21- https://ibb.co/cSRfBTGj
22- https://ibb.co/3yWP87NP
23- https://ibb.co/bgRr5Z6d
24- https://ibb.co/rR0Q3TB8
25- https://ibb.co/0pD5SBWY
26- https://ibb.co/5x2hrv6P
27- https://ibb.co/5WCNg4Yr
28- https://ibb.co/C5f8N4Pz
29- https://ibb.co/KcYWZ0Zp
30- https://ibb.co/gFQ6wGyL
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Hi,
I wanted to seek advice for a Court hearing weather I stand a chance to win or not.
I received a court summons for a PCN I received from Park Direct LTD in 2023 from Gladstone solicitors.
I parked my vehicle for 15 minutes in the car park in my buildings parking space in order to unload furniture. I do not have an allocated parking space in that car park however I was given access to carpark and advised by the caretaker at the time to park briefly in order to unload my furniture. The car was observed by the private parking inspector for 3 minutes before they issued a ticket. There is signage present in the car park from the company.
The caretaker refused to take responsibility as he was occupied. I contacted the housing manager who advised they do not have the authority to cancel the PCN.
My question is should I just pay the PCN now which has been inflated to £270 or do I have any chance winning in court?
Hi, Just wanted to clarify above as cannot edit post.
Wanted to seek advice for a Court hearing weather The driver stand a chance to win or not.
The driver received a court summons for a PCN, received from Park Direct LTD in 2023 from Gladstone solicitors.
The Driver parked the vehicle for 15 minutes in the car park in Their residential buildings parking space in order to unload furniture. Driver do not have an allocated parking space in that car park however Driver was given access to carpark and advised by the caretaker at the time to park briefly in order to unload their furniture. The Vehicle was observed by the private parking inspector for 3 minutes before they issued a ticket. There is signage present in the car park from the company.
The caretaker refused to take responsibility as he was occupied and since no longer in employment. the driver contacted the housing manager who advised they do not have the authority to cancel the PCN.
Should The driver just pay the PCN now which has been inflated to £270 or do they have any chance winning in court?
Below attached is the Witness statement from the driver submitted last year. in a separate post ill put the links for Claimant Wit Statement.
The court date was scheduled for 4th march, however due to an emergency the defendant lost materials relevant to the case and a request was made to adjourn to a later date for after April 1st and the defendant was requested to resubmit their evidence for the case to court and Claimant by March 20th
Witness Statement link -
https://ibb.co/Qyg1BDy
https://ibb.co/sdxjpByz
https://ibb.co/TMxv1TG2
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And, I agree, you’re further along the process than I thought you might be. My original statement that I doubted you had a court summons is wrong, sorry.
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OK thanks.
Again, we need to see some of this.
What are the key dates - payment by claimant, submission of Witness Statements, date of court hearing?
You must have submitted a defence - what did it say? Also WS if submitted?
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If you received a N1SDT claim form (that’s a guess), then you have 5+14 days from the date on the form to submit a response, which will either be a defence or an Acknowledgment of Service. If the latter, you have an extra 14 days by which you have to submit a defence.
:o
The driver received Claimform late last year which they filled out and sent witness statement. In december there was a mediation call for settlement which the driver offered to pay nothing. Recently the driver received a Court hearing* letter for next month in country court along with an email from the Claimant of their witness statement and the following - "without intending any discourtesy, hereby gives notice that it will not be attending the final hearing.
"
You say you were 'given access' - does this mean that there is a physical barrier of some kind that would otherwise block access?
If someone (the caretaker) let you past such a barrier then this is super strong evidence as it demonstrates that you were reasonably given permission to unload at the location.
The carpark is gated access the only people who have the access fob is the owners of bay spaces in the carpark without it you cannot access the vehicle entrance gate. The driver in question was given access by the caretake at the time to unload. The caretaker has since changed as it was over 3 years ago.
I will attach all the paperwork the driver has received so far.
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It would also help to know the location so we can eyeball on GSV if possible.
Please be sure to answer ALL QUESTIONS above as they are all important.
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Or delete and repost if you can. It’s not major but you should bear in mind to stick to using the third person from now on. In the case I referred to above, the issue wasn’t related to identification of the driver anyway.
If you received a N1SDT claim form (that’s a guess), then you have 5+14 days from the date on the form to submit a response, which will either be a defence or an Acknowledgment of Service. If the latter, you have an extra 14 days by which you have to submit a defence.
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Just post any corrections or clarifications here.
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Apologies have a family emergency I’m dealing with. Will upload all relevant information by tomorrow morning.
It doesn’t allow me to edit first post. Should I delete and repost?
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@zak290 needs to return to the forum and respond if we’re going to move this forward.
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“Promissory estoppel” may well be an additional defence point - the driver was told it was OK to stop and unload.
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Make sure you post all the paperwork you've received and edit your first post by not admitting who the driver was, use the third person. "The driver" did this, that and the other, not "I did".
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I parked my vehicle for 15 minutes in the car park in my buildings parking space in order to unload furniture. I do not have an allocated parking space in that car park however I was given access to carpark and advised by the caretaker at the time to park briefly in order to unload my furniture.
You say you were 'given access' - does this mean that there is a physical barrier of some kind that would otherwise block access?
If someone (the caretaker) let you past such a barrier then this is super strong evidence as it demonstrates that you were reasonably given permission to unload at the location.
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I very much doubt you have a court summons, so please read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and post everything you have received and sent to date to help us be able to help you.
Jopson v Homeguard, https://www.parkingcowboys.co.uk/wp-content/uploads/2016/12/JOPSON-V-HOMEGUARD-2906J-Approved.pdf, may also be relevant here, loading/unloading not being parking.
Whoever employs the parking company can cancel this, especially if they also employ the caretaker who advised you where to stop. They probably just don’t want to.
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Hi,
I wanted to seek advice for a Court hearing weather I stand a chance to win or not.
I received a court summons for a PCN I received from Park Direct LTD in 2023 from Gladstone solicitors.
I parked my vehicle for 15 minutes in the car park in my buildings parking space in order to unload furniture. I do not have an allocated parking space in that car park however I was given access to carpark and advised by the caretaker at the time to park briefly in order to unload my furniture. The car was observed by the private parking inspector for 3 minutes before they issued a ticket. There is signage present in the car park from the company.
The caretaker refused to take responsibility as he was occupied. I contacted the housing manager who advised they do not have the authority to cancel the PCN.
My question is should I just pay the PCN now which has been inflated to £270 or do I have any chance winning in court?