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#Post#: 113648--------------------------------------------------
Re: GroupNexus PCN, Claim form received DCBLegal - Forestry Engl
and land
By: Jameuy Date: March 18, 2026, 3:22 pm
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Should I submit the above defence to MCOL?
Thank you
#Post#: 113661--------------------------------------------------
Re: GroupNexus PCN, Claim form received DCBLegal - Forestry Engl
and land
By: DWMB2 Date: March 18, 2026, 6:39 pm
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You could probably tighten up the wording.
[quote]The Claimant alleges that a parking charge became payable
following the parking of the vehicle at a location within the
Forest of Bere near Wickham, namely the West Walk Car
Park.[/quote]
No need to repeat the claimant's claim for them.
[quote]Land managed by the Forestry Commission may be subject to
the Forestry Commission Byelaws 1982, which were made pursuant
to section 46 of the Forestry Act 1967.[/quote]
Not sure about your use of the word 'may' here - your case is
presumably that the land is subject to byelaws.
#Post#: 113711--------------------------------------------------
Re: GroupNexus PCN, Claim form received DCBLegal - Forestry Engl
and land
By: Jameuy Date: March 19, 2026, 7:19 am
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Thank you for your input. :)
I will take out the bit about their claim and change the wording
of “may” to “is”. I just wasn’t sure about stating “is”, which
could invite questions as to how can I prove that.
So with the above changes, do you think I can go ahead and
submit on MCOL website?
I have not clicked as far as defence submission page to see what
the page/process looks like as I am wary that it says changes
will be saved/submitted if I do that. So I just want to check if
what I have provided here is acceptable in its current format to
go ahead with submission?
Thank you
#Post#: 113713--------------------------------------------------
Re: GroupNexus PCN, Claim form received DCBLegal - Forestry Engl
and land
By: InterCity125 Date: March 19, 2026, 7:40 am
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Looks good.
I would personally add one further point and place it second to
last;
That given that the Claimant is unable to prove keeper liability
and, with the driver not known by the Claimant, there is no
legal route by which the Claimant can hold me liable (just to
reenforce your previous point)
And a further point which could be placed nearer the top;
That this is a breach of contract issue, and, as such, there is
absolutely no legal requitement for a vehicle keeper to identify
a driver to an unregulated private parking operator - to be
clear, I will not be nominating a driver under any circumstance.
#Post#: 113714--------------------------------------------------
Re: GroupNexus PCN, Claim form received DCBLegal - Forestry Engl
and land
By: jfollows Date: March 19, 2026, 7:44 am
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There’s a “no” missing from the last paragraph above, isn’t
there?
#Post#: 113716--------------------------------------------------
Re: GroupNexus PCN, Claim form received DCBLegal - Forestry Engl
and land
By: DWMB2 Date: March 19, 2026, 7:52 am
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[quote author=Jameuy link=topic=10089.msg113711#msg113711
date=1773922775]
I just wasn’t sure about stating “is”, which could invite
questions as to how can I prove that.
[/quote]
You may well be proving it, as it's a key point in your defence.
For when it comes to that:
[list type=decimal]
[li]Forest of Bere West Walk Plan
HTML https://www.forestryengland.uk/sites/default/files/documents/Forest%20of%20Bere%20Forest%20Plan%20West%20Walk_0.pdf<br
/>- Page 6 of the attached shows a boundary of a "management
area", which includes the car park[/li]
[li]Forestry Commission Byelaws
HTML https://www.forestryengland.uk/sites/default/files/documents/Forestry%20Commission_Byelaws.pdf<br
/>- 6 & 7 control parking and the use of vehicles on the land.
"Lands of the commissioners" is defined under 2.[/li]
[/list]
#Post#: 113745--------------------------------------------------
Re: GroupNexus PCN, Claim form received DCBLegal - Forestry Engl
and land
By: Jameuy Date: March 19, 2026, 12:19 pm
---------------------------------------------------------
Thanks all, made those amendments and submitted the defence
today.
TYVM for the links DWMB2 - very helpful!
Will update with what happens next!
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