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       #Post#: 119364--------------------------------------------------
       Claim Form from Moorside Legal
   DIR By: Zedbee
       Date: May 20, 2026, 5:49 pm
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       Hi
       I am hoping you kind folk can help with this.  I am the
       registered keeper and owner of the vehicle and recieved the
       attached claim form.  This relates to an alleged incident on
       22/1/2022 of stopping on private land.  I wasnt the driver.
       over the years I have recieved various demands from different
       companies.  I notice that people talk about a letter before
       claim - i didnt recieve one. They went from a demand last year
       to this.  They have video evidence and its not me on the video.
       Can any one help draft a reply for a defence please.
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       #Post#: 119373--------------------------------------------------
       Re: Claim Form from Moorside Legal
   DIR By: jfollows
       Date: May 21, 2026, 1:28 am
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       Can you post the original PCN?
       If you don’t have it, can you get it, eg a Subject Access
       Request to the parking company, UKCPS?
       Video is pretty meaningless, by the way, how do they know who it
       is?
       In order to construct a defence, we need to know more than just
       the Particulars of Claim, which are the usual rubbish from
       Moorside.
       If you file an Acknowledgement of Service by 3 June you have
       until 17 June to file your defence.
       #Post#: 119385--------------------------------------------------
       Re: Claim Form from Moorside Legal
   DIR By: DWMB2
       Date: May 21, 2026, 5:01 am
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       --- Quote from: jfollows link ---
       >
       > Video is pretty meaningless, by the way, how do they know who
       it is?
       >
       --- End Quote ---
       Given the matter has now got to court, and the OP is the
       defendant, video could be very much meaningful if it would be
       evident to a judge that the person standing in front of him in
       the court room is not the person seen driving in the claimant's
       evidence.
       #Post#: 119386--------------------------------------------------
       Re: Claim Form from Moorside Legal
   DIR By: jfollows
       Date: May 21, 2026, 5:21 am
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       Yes, that’s a good point.
       #Post#: 119453--------------------------------------------------
       Re: Claim Form from Moorside Legal
   DIR By: Zedbee
       Date: May 21, 2026, 5:37 pm
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       hi thankls for your replies.  yes that was going to be my
       defence.  how can I enter into a contract with the company when
       I was clearly (from the video) not the driver or passenger.
       I was also going to point out that this kind of thing is
       perverse - how can anyone enter into a no stopping contract when
       the person has to stop to read the sign that enters them into
       the contract that they can now no longer refuse because they
       have already stopped.
       I will ask them for the pcn - do i need to ask them for anything
       else or should I just ask for all of it under SAR?
       #Post#: 119468--------------------------------------------------
       Re: Claim Form from Moorside Legal
   DIR By: jfollows
       Date: May 22, 2026, 12:38 am
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       Ask for all personal data they hold for you.
       #Post#: 119470--------------------------------------------------
       Re: Claim Form from Moorside Legal
   DIR By: DWMB2
       Date: May 22, 2026, 2:08 am
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       --- Quote ---
       > yes that was going to be my defence.  how can I enter into a
       contract with the company when I was clearly (from the video)
       not the driver or passenger.
       --- End Quote ---
       Remember that's only one part of the argument. Showing you were
       not the driver means they can't hold you liable as the driver.
       However you then also need to explain why they cannot rely on
       Schedule 4 of the Protection of Freedoms Act 2012 to hold you
       liable as the keeper of the vehicle.
       #Post#: 120211--------------------------------------------------
       Re: Claim Form from Moorside Legal
   DIR By: Zedbee
       Date: May 31, 2026, 4:46 pm
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       Hi
       Ive got my sar back - i did make a defence when i received this
       as the keeper but didnt follow it up.  the last picture shows
       that the notice of claim was sent (17/5) after the claim (15/5)-
       not sure if this makes a material difference:
       my defence intends to be - i was not the driver which can be
       seen in the stills and video, the notice does not comply with
       protections of freedoms 2012 and so there is not route to
       keeper.  (i'm not sure if it does or not).  any advice greatly
       appreciated.  I have acknowledged service.
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       #Post#: 120218--------------------------------------------------
       Re: Claim Form from Moorside Legal
   DIR By: InterCity125
       Date: June 1, 2026, 1:13 am
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       My initial observations are;
       1) The NtK does not specify a 'period of parking' - Court's have
       held that a single timestamp is not a period of parking -
       therefore the NtK is not PoFA compliant. There is also other
       mandatory wording which is missing from the NtK.
       2) If a driver pulls into a car park and immediately stops then
       there isn't much the parking operator can do about it since
       there is no contract between the driver and the parking operator
       at that point in time so there can be no breach of contract.
       3) Under consumer regulations the consumer must be given
       adequate time to read and understand terms and conditions before
       being bound by them - this means that there can never be an
       'instant contract' - the Claimant will be totally reliant on the
       principle of 'instant contract' in order to pursue you.
       Can I ask what the video shows? And does it show how long you
       were stopped?
       I have some other thoughts on the yellow box but I need to
       understand what the video shows before commenting on that.
       #Post#: 120232--------------------------------------------------
       Re: Claim Form from Moorside Legal
   DIR By: Zedbee
       Date: June 1, 2026, 4:11 am
       ---------------------------------------------------------
       Hi thanks for your reply.  i'm not the driver so I wasnt stopped
       anywhere  :)
       the video shows that the driver stopped the vehicle, the driver
       and passenger got out.  took something from the boot and the
       driver then went on their way.  this area is allegedly no
       stopping, its private land - so its not a car park as far as I
       am aware - but I wasnt there so i dont know for sure. but i
       agree with your points in that it makes sense to me - if the
       driver has to stop to and get out to read the sign that says you
       are not allowed to stop and if you do we are gonna send you a
       bill.  then they are relying on instant contract that you agreed
       to the charge before you read the conditions - well how is that
       fair.
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