Free Traffic Legal Advice

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?

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

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?