We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Court Hearing Tomorrow - help

Hi!

I was wondering if anyone can assist.

I received a parking charge notice for parking in a disabled bay at a Leisure car park in August 2025.

At the time, I was heavily pregnant and went to the trampoline park to collect my daughter. I was in the space for no longer than 5 minutes. There was nowhere else to park as the car park has over 35 disabled parking spaces at the entrance for the facilities (a gym, indoor football court and trampoline park). All free parking spaces were taken up so there was nowhere else I could park. It is ridiculous that companies are allowed to profit off disabled parking bays by making 1/3 the car park disabled bays only for a leisure park (knowing they will be able to issue fines as users will be forced to park in the countless empty disabled bays).

I appealed on this basis and it was rejected. I followed all the steps for the pre-claim etc, but E S Parking Force Ltd have still pursued the claim and I have to attend the hearing tomorrow.

I have unfortunately not filed a witness statement as I did not receive the letter notifying me of tomorrow’s hearing, and was only notified when I received the claimants witness statement via email today morning (Gladstone Solicitors). They have advised that they will not be attending.

Can I use unclear signage in my defence? It is a matter of principal for me as I feel strongly that private parking companies should not be able to monopolise the use of disabled bays to issue fines. I cannot find any similar posts where people have experienced this issue, but it is clearly a profit making initiative (I have personally counted that of the 100 car parking spaces , 35 are disabled bays which is disproportionate). I am also against non disabled users parking in disabled bays and would’ve paid the fine if this was just the case. However I wanted to pursue the appeal due to the unfairness as so many leisure park users like myself will have been caught out by this. There were simply no other free bays that were not disabled bays so I am unsure what the solution is supposed to be when you are time limited and the car park is full.

I know I need to submit a witness statement asap (they have also filed late), and attend court. However, I would be grateful for advice on what to include in my witness statement and points I can use in court as my defence.

I am new to this process - I’m not sure what I should focus on in my defence and if I should submit online or wait until tomorrow. Unfortunately I received no postal correspondence etc until I became aware of the claimant’s defence via email today.

Thank you 

«1

Comments

  • Gr1pr
    Gr1pr Posts: 16,483
    10,000 Posts Second Anniversary Photogenic Name Dropper
    Forumite

    Your defence was submitted months ago, you cannot change it !

    No fine was issued, just a pcn invoice ( Magistrates issue fines, not private parking companies. )

    Gladstones never attend court hearings , but the claimant may send an advocate

    The claimant issued a claim via Gladstones, the witness statement was late, which I'd typical of Gladstones

    Your WS needs submitting by 4pm today

    You can object to their late WS and the missing court order tomorrow as a preliminary matter at the start of the hearing

  • Car1980
    Car1980 Posts: 3,686
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Forumite
    edited 21 September at 2:50PM

    I'd concentrate on their signage. It's abysmal.

    They put a key term at the top by the looks of it and the rest is simply illegible. Tiny type, white on black.

    Assuming yours is similar you saw the maximum time at the top and nothing else I would imagine. Was it on a tall pole so you needed a telescope to read it?

    No contract could be formed on their disabled bay terms because it's unreadable.

    Quote the Consumer Rights Act 2015:


    68. Requirement for transparency

    (1)A trader must ensure that a written term of a consumer contract, or a consumer notice in writing, is transparent.

    (2)A consumer notice is transparent for the purposes of subsection (1) if it is expressed in plain and intelligible language and it is legible.


    Forget the number of bays - it's not relevant. Think contract law. Classic "the more littered with small text we can make it, the less clear it will become and the more tickets we can dish out."

    images.jpeg
  • There was an error displaying this embed.

    thanks - this is the photo they have submitted. Signage is small and unreadable, stuck on a wall high up. Thanks - I will draft my witness statement in accordance with unclear signage. Would there be any templates I can use to this effect? Conscious that I need to submit this now by 4pm today

  • Gr1pr
    Gr1pr Posts: 16,483
    10,000 Posts Second Anniversary Photogenic Name Dropper
    Forumite

    No templates, but look at the example by member JackR1 , plus the 2nd post in the newbies sticky thread in announcements near the top of the forum by coupon mad

  • MrJenkinsEsq
    MrJenkinsEsq Posts: 304
    100 Posts Photogenic Name Dropper
    Forumite
    edited 21 September at 6:21PM
    image.png

    Arguing about the number of disabled bays won't win. Arguing about the signs might. The few parking signs on the frontage blend straight in and there are whole stretches with no signs at all. I can't read the signs though and your image doesn't load.

    I'm a random person on the internet. I hold no legal qualifications and nothing I say is advice.

  • MrJenkinsEsq
    MrJenkinsEsq Posts: 304
    100 Posts Photogenic Name Dropper
    Forumite

    How did it go?

    I'm a random person on the internet. I hold no legal qualifications and nothing I say is advice.

  • patient_dream
    patient_dream Posts: 4,554
    Fifth Anniversary 1,000 Posts Photogenic Name Dropper
    Forumite
    edited 23 September at 7:38AM

    The only reasonable point about that sign is ….

    *Maximum time = 4 hours

    *Charge = £100

    I do not see that they add a fake OSNER scam of £70 …. IT IS A FAKE APPROVED BY THE BPA FOR MONEY SCMMERS

    GLADSTONES IGNORE THE SUPREME COURT RULING AND ADD A FAKE AMOUNT

    THAT IS DOUBLE RECOVERY which is not allowed by the courts

    A FAKE CLAIM BY GLADSTONES

  • Coupon-mad
    Coupon-mad Posts: 166,208
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite

    Please can you give us a court 'report' of what happened?

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Kirkland456
    Kirkland456 Posts: 5
    Name Dropper First Post
    Forumite

    Hi! Please read the latest comment on this thread. I won! Thank you for all your help

★ ★ ★ Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 355.7K Banking & Borrowing
  • 254.9K Reduce Debt & Boost Income
  • 456.1K Spending & Discounts
  • 248.3K Work, Benefits & Business
  • 605.9K Mortgages, Homes & Bills
  • 179K Life & Family
  • 263.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.