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#Post#: 112362--------------------------------------------------
Re: Court summons
DIR By: zak290
Date: March 7, 2026, 7:48 am
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--- Quote from: jfollows link ---
>
> 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.
>
--- End Quote ---
: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.
"
--- Quote from: InterCity125 link ---
>
> [quote author=zak290 link=topic=10130.msg112093#msg112093
date=1772654771]
>
>
--- End Quote ---
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.
[/quote]
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.
#Post#: 112363--------------------------------------------------
Re: Court summons
DIR By: jfollows
Date: March 7, 2026, 7:52 am
---------------------------------------------------------
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?
#Post#: 112364--------------------------------------------------
Re: Court summons
DIR By: jfollows
Date: March 7, 2026, 8:02 am
---------------------------------------------------------
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.
#Post#: 112367--------------------------------------------------
Re: Court summons
DIR By: zak290
Date: March 7, 2026, 8:59 am
---------------------------------------------------------
--- Quote from: zak290 link ---
>
> 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?
>
--- End Quote ---
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 -
HTML https://ibb.co/Qyg1BDy
HTML https://ibb.co/sdxjpByz
HTML https://ibb.co/TMxv1TG2
#Post#: 112370--------------------------------------------------
Re: Court summons
DIR By: zak290
Date: March 7, 2026, 9:11 am
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Claimant witness Statement
1-
HTML https://ibb.co/WWLQCgG3
2-
HTML https://ibb.co/4ZJryc0G
3-
HTML https://ibb.co/tPPXgbMC
4-
HTML https://ibb.co/TD3jjV9k
5-
HTML https://ibb.co/RT1cVRWk
6-
HTML https://ibb.co/KpyF6CyK
7-
HTML https://ibb.co/gZts90vJ
8-
HTML https://ibb.co/84MnV2KS
9-
HTML https://ibb.co/1tXxCXd2
10-
HTML https://ibb.co/jkCw8pmV
11-
HTML https://ibb.co/twDJWwrZ
12-
HTML https://ibb.co/Vcq2GkrR
13-
HTML https://ibb.co/fGy0W1JT
14-
HTML https://ibb.co/zVQNV0hN
15-
HTML https://ibb.co/zTrGGX3J
16-
HTML https://ibb.co/nMsz02mg
17-
HTML https://ibb.co/kgLVZZRk
18-
HTML https://ibb.co/xKS9VpdH
19-
HTML https://ibb.co/JLSpfDD
20-
HTML https://ibb.co/fVTJsSCM
21-
HTML https://ibb.co/cSRfBTGj
22-
HTML https://ibb.co/3yWP87NP
23-
HTML https://ibb.co/bgRr5Z6d
24-
HTML https://ibb.co/rR0Q3TB8
25-
HTML https://ibb.co/0pD5SBWY
26-
HTML https://ibb.co/5x2hrv6P
27-
HTML https://ibb.co/5WCNg4Yr
28-
HTML https://ibb.co/C5f8N4Pz
29-
HTML https://ibb.co/KcYWZ0Zp
30-
HTML https://ibb.co/gFQ6wGyL
#Post#: 112405--------------------------------------------------
Re: Court summons
DIR By: jfollows
Date: March 8, 2026, 3:56 am
---------------------------------------------------------
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.
#Post#: 112411--------------------------------------------------
Re: Court summons
DIR By: InterCity125
Date: March 8, 2026, 5:38 am
---------------------------------------------------------
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.
#Post#: 112736--------------------------------------------------
Re: Court summons
DIR By: zak290
Date: March 10, 2026, 12:54 pm
---------------------------------------------------------
--- Quote from: jfollows link ---
>
> 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.
>
--- End Quote ---
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.
--- Quote from: InterCity125 link ---
>
> 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.
>
--- End Quote ---
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?
#Post#: 112742--------------------------------------------------
Re: Court summons
DIR By: DWMB2
Date: March 10, 2026, 1:25 pm
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--- Quote ---
> No one other than landowner can give the driver permission to
park as they do not have the authority.
--- End Quote ---
"Nemo dat quod non habet" perhaps?
Although that seems a fairly narrow interpretation of who can
reasonably give a driver permission. If the person who allowed
the driver to park was an employee of the landowner acting on
behalf of them, in theory that should pass muster.
What you'll ideally need to demonstrate is that the person who
told you the vehicle could be parked there was properly
associated with the landowner.
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