Free Traffic Legal Advice

Hello everyone,

I'm stepping in to help my parents out as they have a court case upcoming (30/04/25) for a private parking ticket from PPM and wondered whether there's any hope?

I have uploaded the trial bundle and pictures of the bay for reference. My dad has a permit (I believe with PPM) to park in a car park right outside our house. He received a ticket for parking in a space that had no clear signage or markings indicating that he couldn't park there. He was not obstructing or impeding anyone or anything. GSV View.

My dad suffers from rheumatoid arthritis which causes him considerable pain when walking even moderate distances. He's currently applying for a disabled badge to help with this situation. Finding suitable parking has become particularly challenging due to the size of his vehicle and the limited availability in our area. When he can't secure a spot in our assigned car park, he's forced to park further away and make painful walks to and from his car (including having to move it during restricted hours).

It appears he's fallen victim to poorly managed space allocation. These bays belong to the row of houses and the block of flats, so there should always be enough space for everyone. Unfortunately, it seems too many permits have been issued, making the parking oversubscribed. On a side note, In the pictures, you can see a white van without a permit that had been broken down and unmovable - it occupied a parking space for over six months with no action taken.

Interestingly, PPM has used photos from 2018 in their trial bundle even though the alleged contravention occurred on 15/08/2023. This seems misleading as it could be used to show how "empty" the car park supposedly was, with plenty of spaces to choose from, which wasn't the case.

As a side note, residents occasionally leave bins for collection where my dad parked, though this typically only happens on collection days. At the time of this incident, collections had been cancelled due to a holiday period.

Could anyone advise if we stand a chance against PPM? This case feels like a grey area, but the entire parking situation with PPM seems like it was only a matter of time before something like this happened.

Please let me know if you need any additional information. I've redacted some private details from the uploaded trial bundle, but I can provide more information if needed.

Thank you kindly,
Charlie

Thanks for your reply!

What has be submitted as the defendants Witness Statement? Why have you redacted the Particulars of Claim (PoC)?

I will get back to you about the Witness Statement when I get my hands on it. Didn't realise I redacted important parts of POC, here is an updated version. I've only redacted the address and VRN, though if they are necessary, I'm happy to supply those as well.

It is a real pity that you had not come here before any response to the claim was made. The defence is incredibly weak.

Agreed. I only found out about it recently unfortunately.

What does your father's lease/tenancy agreement say about parking? What it doesn't say is equally important. For example, is there anything in the lease about requiring a permit to be displayed in a vehicle? Is there any mention of a third party being able to issue invoices for parking?

I will check and get back to you about this ASAP

You have very little time left to try and salvage this. I will be on and off the forum later and will endeavour to assist you but I do need answers to my questions first.

Time is of the essence.

Thank you. As far as my father is aware, he never submitted a Witness Statement or anything of the sort. Tenancy agreement wise, he's currently looking for it, though might end up needing to request it. I will update you as soon as there's any updates.

What would be the best course of action should we not receive the tenancy agreement in time?

As it is now very late in the process, I’ve prepared a witness statement that should be acceptable for your father to sign, provided he agrees that everything in it is true and accurate.

The statement can be signed simply by typing his full name under the Statement of Truth. This is fully acceptable on the small claims track. Under CPR Practice Direction 22, typed signatures are valid where the party is unrepresented and the statement is filed electronically.

Once the text has been edited to include your father’s full name, the claim number, and signature, please save the document as a PDF file. Make sure:


The final document must be no more than 25 pages (50 sides) and under 25MB in file size. If needed, you can use a free PDF file reducer—such as https://www.pdf2go.com—to reduce the size if it’s too large.

When the final version is ready, please:


Finally, I suggest you bring three printed copies of the signed statement to the hearing—one for the Judge, one for the Claimant’s representative, and one as a personal reference—just in case there are any issues with the court or the other side claiming they haven’t received it.

IN THE COUNTY COURT AT GUILFORD

Claim No: [Claim Number]

BETWEEN:

PARKING AND PROPERTY MANAGEMENT LTD
Claimant

- and -

[Defendant's Full Name]

Defendant

---

WITNESS STATEMENT OF [Defendants full name]

1. I, [FULL NAME], am the Defendant in this matter and make this statement in support of my defence to the claim brought by the Claimant.

2. I reside at [FULL POSTAL ADDRESS], which is the location of the alleged contravention. I have held a valid residential parking permit since August 2018. This permit was displayed on my vehicle at the time of the alleged incident on 15 June 2023.

3. The Claimant’s witness statement is authored by a solicitor employed by BW Legal and acting under instruction. The witness has no personal knowledge of the events or the land in question and is not attending the hearing. As such, the statement cannot be tested in cross-examination. In accordance with the Civil Evidence Act 1995 and CPR 33, I respectfully submit that the Court should attribute minimal weight to this untested hearsay evidence. It does not assist the Court on any disputed factual matters.

4. The contract relied upon by the Claimant names “A2 Dominion Group” as the client instructing Parking and Property Management Ltd. However, there is no company registered in the United Kingdom under the exact name “A2 Dominion Group.” Instead, there are at least two separate legal entities listed on the Companies House register with nearly identical names: “A2 Dominion Housing Group Ltd,” registered at The Point, 37 North Wharf Road, London, W2 1BD, and “A2 Dominion Housing Group Limited,” registered at Spelthorne House, Thames Street, Staines, Middlesex, TW18 4TA. These are distinct companies with different registration details and legal personalities. The contract does not specify which of these entities is the intended party, nor does it identify the client as the freeholder, landowner, or managing agent of the land in question. No supporting evidence has been provided to confirm that any of these entities had the legal authority to enter into binding agreements concerning parking enforcement on the land.

5. The document is signed on behalf of the client by an individual named Sandra Hyppolyte. Publicly available information indicates that she is not a director of any A2Dominion entity and there is no evidence before the Court to confirm that she held any legal or delegated authority to enter into contracts on behalf of a landowner or landlord. The contract does not include any board resolution, appointment letter, or written confirmation of her capacity. There is no indication that the signatory had any proprietary interest in the land or was authorised to enter into enforcement agreements.

6. No landowner witness statement, land registry title, or letter of authority has been included in the Claimant’s bundle. The absence of evidence from the landowner or any authorised agent confirming the Claimant’s right to operate and issue parking charges on the land is a critical omission. Without a valid agreement between the Claimant and a party with authority over the land, the Claimant has failed to establish the necessary legal standing to pursue this claim. This is a fundamental evidential failure. In the absence of such authority, the Claimant’s legal standing to issue the charge and pursue this claim is entirely unsupported and should be rejected as a matter of law.

7. The contract is signed on behalf of the service provider, Parking and Property Management Ltd, with the initials “MOT” followed by a signature annotated “PP Mr Vinny Kapool.” “PP” indicates that the document was signed per procurationem, meaning on behalf of another person. However, the contract does not identify on whose behalf Mr Kapool was signing, nor does it clarify whether the underlying authorisation existed. There is no job title, board resolution, or supporting declaration included to show that this contract was properly executed by an authorised representative of the service provider. The absence of these basic requirements further calls into question the validity of the agreement.

8. Paragraphs 3 to 7 above set out the central evidential issues raised in response to the Claimant’s witness statement and bundle. The Claimant has failed to provide sufficient evidence of their legal standing, authority to operate at the site, or a validly executed agreement with any party proven to have control over the land. These matters go to the heart of the claim and remain unaddressed.

9. Without prejudice to the above, and for completeness, I set out below the factual background and circumstances surrounding the alleged contravention, together with my observations on the evidence relied upon by the Claimant.

10. The Particulars of Claim state that I was “parked outside the confines of a marked bay.” I deny that any enforceable terms were breached or that a legally binding parking contract was formed.

11. The bay in question is directly outside my home. It has no bay markings or signage indicating any form of restriction or prohibition. The surface is continuous and unmarked, and there are no physical indicators of defined bay boundaries.

12. At the time, this space was the only available place to park. I used it as a resident with a valid permit and parked in a safe and non-obstructive manner.

13. The Claimant has not provided any photographic evidence from the date of the alleged contravention showing bay markings or signage visible from the vehicle’s location. Every photograph of signage in the Claimant’s bundle is dated 27 July 2018—nearly five years before the alleged contravention on 15 June 2023. There are no contemporaneous photographs of signage from 2023. This creates a misleading impression of the site’s conditions and fails to demonstrate that any terms were communicated to drivers at the relevant time.

14. It is a fundamental principle of contract law that terms must be clearly brought to the attention of the other party before a contract can be formed. The Claimant has failed to show that any relevant signage was present or visible to drivers at the material time.

15. The parking area in question is oversubscribed. It is common knowledge among residents that more permits have been issued than there are available bays, which results in a frequent shortage of spaces.

16. At the time of the incident, a white van without a permit had been abandoned in the car park for over six months. The Claimant took no action against this vehicle, despite it occupying a space continuously, further limiting availability.

17. I suffer from rheumatoid arthritis, which significantly affects my mobility. Walking moderate distances causes pain and fatigue. This is a long-term condition that meets the definition of disability under the Equality Act 2010.

18. At the time of the incident, I had applied for a Blue Badge. I was unable to find a closer marked bay due to overcrowding, and therefore parked in the only available space near my home.

19. The Equality Act 2010 imposes a duty on service providers and managing agents to make reasonable adjustments for people with disabilities. No such adjustments have been made or considered in this case.

20. The area in which I parked is occasionally used by residents for placing bins on collection days. This has not historically led to enforcement, nor has the space ever been clearly marked as out of bounds.

21. I parked in good faith, believing the space to be available to residents. My permit was clearly displayed, and my vehicle did not obstruct any other car or access route.

22. The Claimant’s conduct appears unreasonable. They rely on outdated evidence, provide no photographs of signage from the time of the incident, and fail to produce a contract showing they have authority to operate or issue charges on the land. There is also no site plan, signage map, or diagram showing where signs were placed in relation to the Defendant’s vehicle.

23. While the Particulars of Claim provide a concise reason for the claim, namely that the vehicle was allegedly “parked outside the confines of a marked bay,” they do not adequately comply with CPR 16.4. The Claimant has failed to set out the material facts relied upon, including the express contractual terms said to have been breached, or a clear basis for the additional £60 in recovery costs.

24. The Claimant also states that the driver accepted a contractual licence upon entry to the site, yet no evidence is provided of any signage at the entrance or elsewhere that would support this assertion. Furthermore, all signage photographs are from July 2018 and cannot demonstrate compliance with the requirements for forming a valid contract in June 2023.

25. The Claimant refers in its skeleton argument to various authorities including ParkingEye v Beavis, One Parking Solution Ltd v Wilshaw, and Vehicle Control Services Ltd v Percy (unreported). These cases are distinguishable on their facts. Unlike Beavis, there is no evidence of prominently displayed signage, nor any commercial interest or turnover justification for the charge. Wilshaw is not binding and concerned signage forming a contract—not whether a party had legal standing to issue charges. In this case, the Claimant has not shown it had lawful authority from the landowner. Further, the case of VCS v Percy is not reported and should be treated with caution. The Consumer Rights Act 2015 still requires that terms be transparent and proportionate, and the Claimant has failed to show the £60 fee is either.

26. I respectfully submit that the claim is inadequately pleaded and poorly evidenced. The Claimant has failed to demonstrate standing, signage compliance, or that a valid contract was formed. I invite the Court to dismiss the claim and to consider whether the Claimant’s reliance on stale and incomplete evidence amounts to unreasonable conduct under CPR 27.14(2)(g).

27. I am an elderly individual with ongoing health issues and no legal training. I have received some help from my son in preparing this statement so that I could present my evidence clearly. Everything stated above is true to the best of my knowledge and belief. I respectfully ask the Court to consider this statement in the interests of justice and fairness, in line with the overriding objective.

Statement of truth

I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed:


Date:

The email you attach the WS pdf to, should be as follows:

Email Content:

Subject:

Witness Statement of [Full Name] – Claim No. [XXXXX] – Hearing on 30th April 2025

Body:

Dear Sir or Madam,

Please find attached the signed witness statement of the Defendant, [Full Name], in the above-referenced matter. The hearing is listed for 30th April 2025 at the County Court Guilford.

The Defendant is a litigant in person and has filed this statement as soon as practicable after reviewing the Claimant’s evidence. We respectfully ask that the Court accept this statement and admit it to the record in accordance with the overriding objective.

A copy has also been sent to the Claimant’s legal representative to ensure compliance with CPR 27.4.

Yours faithfully,

[Son’s Full Name] (on behalf of the Defendant)

I am assuming you are assisting your father in all of this. Do you intend to act as his lay representative at the hearing? If you do, you must fully understand the WS and what this case is about. Your father will have to attend but you will be able to speak for him.

When you arrive at the court, get there early and then find the usher and let them know that you are there and that you intend to represent your father as a lay rep. Any pushback, make sure you have a copy of the Lay Representatives (Rights of Audience) Order 1999 and show it to the usher and ask him/her to put it to the judge that you are requesting the right that if a party chooses to appear without legal representation, they may ask the court for permission to have a lay representative attend the hearing.

Lay Representatives (Rights of Audience) Order 1999

Good luck and let us know how you get on.

What makes you think it is being held at Staines?

Yes, the hearing will be in Staines but the managing court is Guilford.

For your witness statement, you should still mirror the current managing court — Guildford — because:

Hello all. Just updating to say that unfortunately my father lost the case and will need to pay I will update you with the actual reasonings when I receive them from my parents - though they said something along the lines that 'parking in the assigned bays was a requirement that wasn't adhered to'... I suppose it can be argued that the tiles on the car park flooring where my father parked could be mistaken for a bay space. Though take this with a pinch of salt.. I'll wait until I receive the actual wording as my parents memory isn't the best. Thank you all for your support thus far... I know it's not easy and quite time intensive!