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?
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.
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".
“Promissory estoppel” may well be an additional defence point - the driver was told it was OK to stop and unload.
@zak290 needs to return to the forum and respond if we’re going to move this forward.
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?
Just post any corrections or clarifications here.
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.
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.