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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.