Advice for Defence for overstay at private car park - Horizon Parking & Gladstones

TheRoadToFreedom

Hi Forumites

Newbie here. I'm reaching out for advice on how to write the defence. I've spent the last few days reading through the instructions and other people's journeys.

I've followed the Newbies thread and registered on MCOL and submitted an AoS yesterday (13/10).  The date on the Claim form was 06/10/2025 - I have until 13/11/25 to submit the defence. I am doing this on behalf of my mum but she will be defending it and attending the mediation.

She received a Claim Form from Horizon Parking / Gladstones for an unpaid PCN that was issued on 08/04/2024 at Tesco Express car park. When she initially received the PCN, she appealed it as her car had broken down just as she was parking - it overheated and started steaming and gushing water.

The appeal was rejected. I (she) appealed with Popla and, they too, upheld Horizon's decision. They claimed that " it does not fall in my capacity to cancel a PCN by way of goodwill on behalf of the parking operator. I must recognise the operator has chosen to pursue the charge in this case having considered the appellant’s grounds of appeal and evidence presented to them at the first stage of appeal. After considering the evidence from both parties, the appellant was observed parked for longer than maximum stay period allowed and therefore did not comply with the terms and conditions of the site. As such, I am satisfied the parking charge has been issued correctly and I must refuse the appeal."

Bit of background: 
When her car broke down, she spoke to one of the employees inside Tesco who said it wouldn't be an issue. She doesn't have any evidence of that - and probably wouldn't even recognise him if she went back to find him. She called a family friend who's a mechanic and he advised her to wait until the car cools down before even attempting to lift the bonnet up. Whilst she was waiting for the car to cool down, she went into Tesco Express and grabbed a few items and went back and sat in the car - she can't recall how long she waited - max wait time is 30 minutes. According to the PCN, she was there for 1 hour 48 minutes - she honestly don't recall how long she spent there as she was flustered and worried about getting back home safely. 

I'm actually really shocked that they are refusing to accept her mitigating circumstances. Even if the car could have been moved, as a 60 year old woman, she didn't stand a chance.

She has already told HP that the car broke down and that she had spoken to staff  about it - which implies that she was the driver. 

Please could someone advise if the following fine for Paragraph 3:

3. The Defendant was the driver on the material date and entered the Tesco car park with the genuine intention of shopping there. As the vehicle was being parked, it unexpectedly began to emit steam and leak fluid from the engine area. Concerned for safety and potential damage, the Defendant turned off the engine and contacted a mechanic for advice. The mechanic advised not to open the bonnet until the car had cooled down, as this could be dangerous. The Defendant then went into Tesco to purchase a bottle of milk and to explain the situation to a member of staff, who reassured the Defendant that it would be fine to remain in the car park while the vehicle cooled. The Defendant, an elderly lady of 60, was alone and physically unable to push or relocate the vehicle. Any alleged overstay was therefore the result of unavoidable mechanical failure and reliance on staff assurance, not a deliberate or negligent act.


Thank you

DE_612183

you're making the mistake of assuming that the PPC are in any way interested in anything other than financial gain.

You appeal will fail - the PPC standpoint will be the lady entered into a contract to park for just 60 minutes, then broke that contract and is therefore liable to pay the charge.

You're better off using Plan A - get Tesco to cancel the PCN - of course you can also email your MP as well and perhaps the local newspaper.

 

Le_Kirk

Not sure how you calculated 13/11, I made it as below: - With an issue date of 06/10/25 and having completed the AoS in a timely manner

your defence deadline date is 4.00 p.m. on 10/11/25

Have a look at Jopson vs Homeguard where the judge said, among other things: -

The concept of parking, as opposed to stopping, is that of leaving a car for some duration of time beyond that needed for getting in or out of it, loading or unloading it, and perhaps coping with some vicissitude of short duration, such as changing a wheel in the event of a puncture.

Steam coming from under the bonnet certainly counts as a small vicissitude!   Have you found and read the defence template and are you/your Mum going to insert your paragraph #3 into it?  As well as attending the mediation call, she will need to attend the hearing; you can attend with her as McKenzie friend or Lay Rep (Auntie Google will help here).

Le_Kirk

DE_612183 said:

Your appeal will fail - the PPC standpoint will be the lady entered into a contract to park for just 60 minutes, then broke that contract and is therefore liable to pay the charge.

The OP has posted a defence not an appeal.