Show Posts - Joeshdeli

Thank you for that. I will look through the forum. Does anyone know the likelihood that a matter like this will actually go to court?Given the defendant is a company will I be able to assist them in court? I saw on the forum that the The Lay Representatives (Rights of Audience) Order 1999 was mentioned but I am not sure if it applies to companies.

Hi All, I assisted the defendant with their defence but the claimant/lawyers still want to go ahead to trial but have offered mediation in their latest correspondence?Would it be worth going down the mediation route given that the claimant did make a purchase at the shop and can provide proof of this.

Unfortunately they threw the original away. I've been informed that they wouldn't need to provide it as the keeper is a business.

Hi All, Does anyone think that there is a chance of winning this? Also, if it goes to court would I (third party) be allowed to attend and speak or would that be limited to the two employees of the business? It's my understanding that in cases of companies even if they are tiny the court expects a solicitor to be hired but is that mandatory as a defendant?

Any assistance on the way the defence needs to be drafted is greatly appreciated.

Company owned

Hi there, Do the pictures provide anything useful? Do you think there is a chance of success at court?

Also, I forgot to add the shop which issued the voucher in this case is "Maja Chelmsford -Polski sklep".This is also the first time this happened to the driver and they parked there numerous times.

Quote from: DWMB2 on 19 Feb, 2026 18:08Horizon won't have recorded a video - there will be the PCN and stills from an ANPR camera.Even if the driver said they were the driver and submitted an SAR, Horizon could still not show them the PCN, as the PCN wouldn't at face value contain any of the driver's personal data (the address being the company address, and any details relating to the vehicle likewise being the company's).The company's best bet is to draft a defence on the information available - we can help with this. I'll try and find a Horizon PCN from around that time to see if it was before or after they started getting the wording right to hold the vehicle keeper liable (I suspect not).Absence of loss is not the right argument. Horizon aren't claiming to have suffered a loss as such, they're claiming the driver entered into a contract whereby he became liable to pay them a parking charge, has not done so, and they are therefore owed money.A better argument, based on the information we have so far, would seem to be that the terms and conditions were not breached and accordingly no money is owed.Do you have (or can you easily get) photos of the signage? I realise it might have changed since the date of the event, but it's better than nothing.I see that argument makes sense because a shop was completed and a voucher was obtained at the time. Will it be a problem that they no longer have the voucher or would proof from a bank statement be enough. I've got the photos. Please let me know if this has workedAlso, from what I can see on google maps the signage does not look like it has changed.

Quote from: DWMB2 on 19 Feb, 2026 16:28Quote from: Joeshdeli on 19 Feb, 2026 16:01Is there a way to go around the data subject request by way of stating it is also the data of the employee who was driving the vehicle?If Horizon don't know who the driver is, and the charge was issued to the company, it's hard to see how they might be holding any of his personal data.Given that the claim form is submitted would it be one of the rare situations where in the subject data request you would state that you are the driver in this instance? The individual went to the site and said that they have camera's there so would have taken a video of him and the incident I assume? Is there anything that can be done or is it a matter for the courts and drafting a good defence? If so any tips? Would an argument around Absence of Loss be any good given that a purchase was made at the supermarket that issues vouchers for the relevant car park? Any help or direction would be really appreciated.

Quote from: DWMB2 on 19 Feb, 2026 09:44Quote from: jfollows on 19 Feb, 2026 06:32A Subject Access Request can be used to obtain all documents.In this case the defendant is a company, and accordingly not a data subject for the purpose of the relevant legislation.Were any appeals etc. submitted at the time?No appeals were submitted. Is there a way to go around the data subject request by way of stating it is also the data of the employee who was driving the vehicle?

Thank you! Is that to the claimant or the solicitors?

Hi There, Thank you for responding. The problem is they threw the PCNs away. Does the claimant have to provide them if requested?

Hi Everyone, I would really appreciate if I could receive some help on someone else's behalf. The individual received a claim form from the county court on 12 Feb (stamped 10 Feb). The claimant in this case is Horizon Parking Limited and are being represented by Gladstones Solicitors Limited. The Particular of claims are as follows: The driver of motor vehicle registration XXXX parked in breach of the prominently displayed terms and conditions of parking set out on the signage at Provident Square Chelmsford on 21/12/2024. The signage constituted an offer of a unilateral contract, accepted by the act of parking, under which the driver agreed to pay the specified parking charge (the PCN) in the event of breach. The PCN remains unpaid after 28 days and the defendant, as driver and/or registered keeper, is liable for the outstanding sum. Despite demands, the Defendant has failed to make payment. The claimant therefore claims £90 for the PCN, £70 contractual costs pursuant to the Contract and PCN terms and conditions together with statutory interest of £13.41 pursuant to s69 of the County Courts Act 1984 at 8% per annum, accruing at £0.04 per day until judgement or earlier payment.To provide some facts the car was parked at Provident Square Chelmsford on 21/12/2024 as stated in the particulars of claim, but do not believe that there was any breach of contractual terms. A purchase was made at a supermarket which issues vouchers that allow customers to park there for one hour. Unfortunately the individual does not have the voucher anymore but is able to provide proof of making a purchase from the shop via their bank statement. It is uncertain whether something was wrong with the voucher or if the machine did not register the voucher for some reason or if the driver on this occasion forgot to put the voucher through the machine. The car in question is also a company car and and the company only has two employees and it is the company that is being sued. The individual does not remember receiving any pre-action protocol letters but I am not sure if that is material. Is it possible to ask Gladstones to send the pre-action protocol letter and also any notices via email to the defendant now? In terms of timelines I know that this is limited but from my memory I believe that a Acknowledgment of Service can extend the deadline but I am not sure how this is actually submitted online. To note I am happy for legalise to be used as part of any explanation.