Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Friendly71 on July 29, 2026, 01:25:26 am
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Would anyone be kind enough to advise how he could go about preparing a defence?
The starting point is to figure out the reasons he is going to argue that the money claimed is not due. Essentially, a defence should respond to each claim made in the Particulars of Claim, stating whether they are admitted, denied, or the defendant is unable to admit or deny.
The defendant would appear to have already admitted that he was the driver, and that he parked in the said car park on the said date. It's not immediately apparent that the circumstances of the parking would, on their own, give rise to a defence, as it is unclear how (if at all) the presence of congestion necessitated leaving the road and entering a private car park.
How nearby to you/the defendant is the car park? It would be sensible to get some photos of the signage both at the entrance to and in the car park, to see if it was suitably prominent to be capable of forming a contract.
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Hello again, based on the kind advice previously given by @jfollows , I believe that my friend's son has made a Subject Access Request to Horizon Parking. However, it is unlikely that he will receive a response before the date by which he needs to file a defence: 10 August.
Would anyone be kind enough to advise how he could go about preparing a defence? He is prepared to argue his case in court if necessary. Many thanks
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Thank you so much for your kind advice, which I will attempt to action as urgently as possible. I am extremely grateful that you took the time and trouble to reply.
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It will not be possible to pay the original amount.
The driver has identified himself to be the driver in his appeal, so any defence around the use of PoFA 2012 (https://www.legislation.gov.uk/ukpga/2012/9/schedule/4) to transfer liability from an unknown driver to the registered keeper is irrelevant.
The driver says that he "parked temporarily" in his appeal, and Horizon will maintain that he did so after reading the signs and then entering into a contract under the terms shown. Isn't all parking temporary?
Obtain the original notice and any other documents with a Subject Access Request to Horizon Parking. They may be helpful in constructing a defence, although having identified the driver this is less likely than otherwise.
A defence needs to be submitted by 4pm on 10 August, yes.
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(https://i.ibb.co/7JDSwkdz/Initial-appeal.jpg) (https://ibb.co/Y7SNz0FW)
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(https://i.ibb.co/d4T1tTfg/Claim-Form-page-2.jpg) (https://ibb.co/DfJsYJ1p)
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(https://i.ibb.co/MKm6Vkc/Claim-Form.jpg) (https://ibb.co/8GHc5gr)
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Hello, I'd be most grateful for any advice/help regarding a Court Claim Form received, details below. As this is on behalf of a friend's son, I do not have all the details to hand but can make any necessary enquiries of him. Thank you very much in advance!
- My friend's son (who had recently passed his driving test) was driving in Enfield, London on 20 April 2025, when he suddenly came across a lot of traffic / severe congestion due to a car meet that was taking place in the area. Not knowing what else to do, he pulled into the car park of a nearby Travelodge hotel, in order to wait for the traffic to ease / congestion to clear. I think that he did not exit his car at any point. He says that the traffic took quite some time to clear, and after he left the car park he subsequently received a parking charge notice and further documents / reminders, all of which he unfortunately ignored.
- He recently received a Court Claim Form, issue date 8 July 2026.
- He has filed an Acknowledgement of Service via Money Claim online on 21 July 2026.
- He intends to file a Defence by the required date, which we believe is 10 August 2026.
- I do not currently have the original parking charge notice or any other documents other than the Claim Form.
- I am posting the Claim Form below, and also his initial appeal to Horizon Parking, which was rejected.
- We would be most grateful for any advice about preparing a Defence. He says he is prepared to go to court if necessary to argue his case in person. He also says he would be prepared to pay the original parking charge amount if it was possible to go back to that stage.
Thank you so much, kind experts of this forum!