Author Topic: Court summons  (Read 346 times)

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Court summons
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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?

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Re: Court summons
« Reply #1 on: »
I very much doubt you have a court summons, so please read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and post everything you have received and sent to date to help us be able to help you.

Jopson v Homeguard, https://www.parkingcowboys.co.uk/wp-content/uploads/2016/12/JOPSON-V-HOMEGUARD-2906J-Approved.pdf, may also be relevant here, loading/unloading not being parking.

Whoever employs the parking company can cancel this, especially if they also employ the caretaker who advised you where to stop. They probably just don’t want to.
« Last Edit: March 04, 2026, 08:39:15 pm by jfollows »

Re: Court summons
« Reply #2 on: »
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.

Re: Court summons
« Reply #3 on: »
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".
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.

Re: Court summons
« Reply #4 on: »
“Promissory estoppel” may well be an additional defence point - the driver was told it was OK to stop and unload.

Re: Court summons
« Reply #5 on: »
@zak290 needs to return to the forum and respond if we’re going to move this forward.

Re: Court summons
« Reply #6 on: »
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?
« Last Edit: Yesterday at 01:52:17 pm by zak290 »

Re: Court summons
« Reply #7 on: »
Just post any corrections or clarifications here.

Re: Court summons
« Reply #8 on: »
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.
« Last Edit: Today at 09:12:34 am by jfollows »

Re: Court summons
« Reply #9 on: »
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.

Re: Court summons
« Reply #10 on: »

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.
:o

The driver received Claimform late last year which they filled out and sent witness statement. In december there was a mediation call for settlement which the driver offered to pay nothing. Recently the driver received a Court hearing* letter for next month in country court along with an email from the Claimant of their witness statement and the following -  "without intending any discourtesy, hereby gives notice that it will not be attending the final hearing.
"



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.

The carpark is gated access the only people who have the access fob is the owners of bay spaces in the carpark without it you cannot access the vehicle entrance gate. The driver in question was given access by the caretake at the time to unload. The caretaker has since changed as it was over 3 years ago.


I will attach all the paperwork the driver has received so far.
« Last Edit: Today at 01:52:34 pm by zak290 »

Re: Court summons
« Reply #11 on: »
OK thanks.
Again, we need to see some of this.
What are the key dates - payment by claimant, submission of Witness Statements, date of court hearing?

You must have submitted a defence - what did it say? Also WS if submitted?
« Last Edit: Today at 01:54:04 pm by jfollows »

Re: Court summons
« Reply #12 on: »
And, I agree, you’re further along the process than I thought you might be. My original statement that I doubted you had a court summons is wrong, sorry.