02-28-2026, 12:34 PM
(02-27-2026, 04:02 PM)b789 Wrote: Welcome to the forum @Snowynight. I will have a review of your case later today.
In the meantime, is there a chance you can complete the PCN details form so tht I have a proper record of I can refer to. If you paste the summary it produces here, that will also assist.
Thank you @b789. Please see the summary here:
This case concerns a Parking Charge Notice (private parking firm) issued by Parking Control Management (UK) Ltd, relating to an alleged contravention on Thurs, 20 October 2022. The notice itself is dated Thurs, 20 October 2022, and I first became aware of it via received initial notice.
The notice appears to have been issued as On vehicle (windscreen ticket only). Driver identified status: NO. Equality Act considerations: No. The location is stated as High Path Estate - SW19.
A preliminary Protection of Freedoms Act (PoFA) assessment indicates NO_KEEPER_LIABILITY: More than 56 days have elapsed since contravention. If no postal NtK was given by day 56, there is no keeper liability under PoFA paragraph 8. Route applied: Pre-NtK stage after windscreen NtD. The notice is treated as given on Not available (37752 days after the alleged event). On this basis, keeper liability does not appear to arise.
Current stage:
- Notice responded to: Yes
- Debt recovery letters: Yes
- Letter of Claim: Yes
- County Court claim: No
- Letter of Claim responded to: Yes
- Letter of Claim source: Bulk litigation firm
- Letter of Claim firm: Moorside legal
Response/appeal already sent (verbatim where possible):
(Please note that this appeal letter including all images is attached as a supporting document
"HighPathPCNAppealWithAllImages.pdf" for your convenience to see images referenced below.)
Dear Sir/Madam,
In response to the PCN (******) dated 20/10/2022, as the registered keeper of the vehicle I formally appeal against it on the following grounds.
1. The PCN Notice to Driver (NTD) is vague as regards the 'relevant land on which the vehicle was parked' in that it states 'High Path Estate' when in fact this encompasses both public (non-relevant) and private (potentially relevant) land, contrary to the requirements of paras. 6(1)(a) and 7(2) of Schedule 4 to the Protection of Freedoms Act
(https://www.legislation.gov.uk/ukpga/201.../4/enacted). The NTD is therefore void.
2. However, if the creditor does not accept the above point because, for example, the small car park off Hayward Close (the actual location of the alleged event) is private (relevant land) and clearly differentiated from public land, e.g., the majority of Hayward Close and High Path (which are public highways), then the creditor is obliged by virtue of the IPC (International Parking Community) Code of Practice to place entrance signs complying with the form at Schedule 1 to the IPC Code of Practice:
Where a Car Park has a defined entrance, Operators should display prescribed entrance signs.... (see enclosed for the required form of sign).
https://theipc.info/brandings/2/resource...ice_v8.pdf
Note that the majority of Hayward Close is public (adopted by Merton Council) and the car park (see HaywardClCarParkLocation.png for its approximate location circled in red) may be private but the boundary between it and the public land is not clear (see the enclosed Google Street View (GSV) image GSVCarParkWithoutClearBoundary.jpeg). I have also independently verified that no such entrance signs exist at the site at all, please see enclosed photo
(CarParkNoEntranceSign1.jpeg) and GSV image (GSVCarParkNoEntranceSign2.jpeg).
3. In addition, there is no prominent signage in the car park that would be obvious to the motorist. The only singular sign is tiny and practically hidden, set some distance away from the parking spaces (i.e., the tiny one on the building behind the trees and green space). Please see the enclosed photos (CarParkNoObviousSign_SameNight1.jpeg and CarParkNoObviousSign_SameNight2.jpeg) taken shortly after the PCN was issued in the same night. The first photo showed that the sign was completely blocked by the tree, while the second one was taken from the left of the car parked in the left and it was still very difficult to spot there is a sign even with flash on. Also, at night there is no chance to read the text on the sign from distance. There are not any other signs in or near the car park, as you can see nothing on the building front from the left (see GSV image GSVNoOtherSignOnBuildingLeft.jpeg). Even in the daylight, the sign is not obvious at all (see
GSVCarParkNoObviousSign_daylight1.jpeg and GSVCarParkNoObviousSign_daylight2.jpeg)
This does not comply with Schedule 1 to the IPC Code of Practice either:
"Entrance Signs should:
a) make it clear that the Motorist is entering onto private land;
b) refer the Motorist to the signs within the Car Park which display the full terms and conditions.
Signs should, where practicable, be placed at the entrance to a Car Park. Otherwise the signage within the Car Park must be such as to be obvious to the Motorist.
Signs at the entrance to Controlled Land or Private Car Parks should not infer an invitation to park."
The creditor has therefore not met the 'adequate notice' test set out in the Schedule and consequently has no right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges and the PCN must be cancelled.
Thanks very much!
Letter of Claim response already sent (verbatim where possible):
Dear Sirs,
Your Letter Before Claim contains insufficient detail of the claim and fails to provide copies of the key documents your client places reliance upon. It is therefore non-compliant with the Pre-Action Protocol for Debt Claims (“PAPDC”) and the Practice Direction on Pre-Action Conduct (“PDPAC”).
As a firm of solicitors, one would expect you to comply with paragraphs 3.1(a)–(d), 5.1 and 5.2 of the Protocol, and paragraphs 6(a) and 6(c) of the Practice Direction. These provisions exist to facilitate informed discussion and proportionate resolution. You may wish to reacquaint yourselves with them.
The Civil Procedure Rules 1998, Pre-Action Conduct and Protocols (Part 3), require the exchange of sufficient information to understand each other’s position. Part 6 clarifies that this includes disclosure of key documents relevant to the issues in dispute.
Your template letter refers to an alleged “contract” yet encloses none. That omission undermines the only foundation upon which your client’s claim allegedly rests. It is not possible to engage in meaningful pre-litigation dialogue while you decline to furnish the very document you purport to enforce.
I confirm that, once I am in receipt of a Letter Before Claim that complies with para 3.1(a), I shall seek advice and submit a formal response within 30 days, as required. Accordingly, please provide:
1. A copy of the original Notice to Keeper (NtK) and any notice chain relied upon to assert PoFA 2012 liability.
2. A copy of the contract you allege exists between your client and the driver, being an actual photograph of each sign in place on the material date (not a stock image), together with a site plan showing the sign locations and the size/wording of each sign.
3. The precise wording of the clause(s) allegedly breached.
4. The written agreement between your client and the landowner evidencing standing/authority to enforce and to litigate.
5. The date of the last independent signage audit and confirmation that the signs were unchanged from that audit at the material time.
6. A breakdown of the sums claimed, identifying whether the principal sum is claimed as consideration or damages, and whether the £70 “debt recovery” add-on includes VAT.
This information is required for compliance with paragraphs 6(a) and 6(c) of the Practice Direction, and I require it to meet my own obligation under paragraph 6(b).
If you fail to provide the above, I will treat that as non-compliance with the PAPDC and Pre-Action Conduct and will raise a formal complaint to the SRA regarding your conduct. I reserve the right to place this correspondence before the Court and to seek appropriate sanctions and costs (including, where appropriate, a stay and/or other case management orders).
Until your client complies and provides the requested material, I am unable to respond properly to the alleged claim or to consider my position. It would be premature and a waste of costs and court time to issue proceedings. Should you do so, I will draw your conduct to the court’s attention, seek appropriate case management orders, and reserve the right to seek costs pursuant to paragraph 15(b) of the Practice Direction and CPR 27.14(2)(g).
Please note, I will not engage with any web portal; I will only respond by email or post.
Additional notes provided:
regarding "Window: Postal NtK should be given between day 29 and day 56 after contravention."
I can't remember if there was a NtK posted to keeper. I appealed on 15/11/2022 and then they sent a rejection letter. In this case, if there was no actual NtK posted, does the keeper still have liability?
The legal firm's latest response to my LoC response:
" We write in relation to the above matter.
Please kindly disregard our previous email, as it contained inaccuracies. We apologise for any inconvenience or confusion this may have caused.
Moorside Legal acts on behalf of Parking Control Management UK Limited as an external debt recovery agent for legal action. Communication between Moorside Legal and Parking Control Management UK Limited typically relates to case progression, operational instructions, and status updates. These exchanges concern the management of the Parking Charge Notice (PCN) from a business‑to‑business standpoint.
Because this communication does not contain your personal data nor does it identify you directly or indirectly, it does not fall within the scope of personal data as defined under the UK GDPR.
Under the UK GDPR, organisations are required to disclose personal data, not operational records or internal communications. Any correspondence between Moorside Legal and Parking Control Management UK Limited that relates purely to process, case management, or administrative instructions is considered business information, not personal data.
As required under Article 15 of the UK GDPR and in line with ICO guidance, the purposes for which we process your personal data are to manage and enforce parking terms and conditions. The categories of personal data we hold include vehicle registration details, keeper details obtained from the DVLA, and correspondence history.
Please be advised that the help@moorsidelegal.co.uk mailbox is not monitored. Accordingly, we advise that you register on our Customer Portal using the link below:
? https://portal.moorsidelegal.co.uk
Should you choose not to utilise the Portal, please direct all future correspondence to dpo@apn.co.uk.
Our Privacy Policy outlines where we collect personal data from and the lawful basis on which we may process it. You can read more about how and why we hold and process your personal data via the following link: https://moorsidelegal.co.uk/privacy-policy/
If you need any assistance, feel free to contact us on 0330 822 9950.
Please see the attached PCN, which was correctly issued in accordance with Schedule 4 of the Protection of Freedoms Act 2012. This legislation allows us to hold the registered keeper liable for the full outstanding balance if driver details are not provided.
To view the supporting photographic evidence, kindly visit the link below and quote reference ******:
? https://www.pay-my-pcn.co.uk/live-3sc-user/
By entering and parking the vehicle on our client's private land, you agreed to enter into a contract with our client and to be bound by the terms and conditions of that contract. The terms and conditions were clearly displayed in prominent places within the car park. Due to your failure to comply with the terms and conditions, our client has issued the PCN therefore if we are instructed to issue a claim the reason would be for Unpaid parking charges/breach of contract.
You have already made representation to our client, who have responded accordingly. We cannot overturn their decision.
In our client’s letter notifying you of the rejection of your appeal, you were advised of the option to escalate the matter to an Independent Adjudication Service administered by our client’s Accredited Trade Association. As your appeal was also rejected at that stage, we must inform you that all avenues of appeal have now been exhausted.
Considering the evidence, we are satisfied that the PCN has been issued in line with industry standards and is compliant with the International Parking Community’s (IPC) code of practice. The signage of the car park also complies with the International Parking Community’s Code of Practice.
Please be advised that the original amount of the PCN was £100.00. As outlined in the notice, a reduced amount of £60.00 would have been accepted as full and final settlement if payment had been received within 14 days from the date of issue. Unfortunately, as no payment was received within that time frame, the opportunity to pay the reduced amount has now expired. As a result of continued non-payment and additional charges, the balance has increased and now stands at £170.00.
The additional charge which has been levied on your Parking Charge of £70 is the amount set out in both the British Parking Association and International Parking Community Codes of Practice as the amount which may be added to a Parking Charge when a Parking Charge remains unpaid and when further recovery is required. Our client is a member of the International Parking Community which is a government approved Accredited Trade Association (ATA) for Private Parking. Our client adheres to the ATA’s Code of Practice. The £70 does not represent the cost of recovery but is a reasonable amount in relation to the Parking Charge amount, in order to encourage early payment of the Parking Charge without the need for debt recovery. It is a fair amount set by our client’s government-approved Accredited Trade Association Code of Practice. There are however also costs incurred by our client in relation to debt recovery services.
It is unclear why you would need to inspect any agreement between our client and the landowner as you are not party to that agreement, nor could it aid your dispute or any potential defence.
Please note that we will not be addressing any further correspondence related to disputes of the same nature, as we have already provided you with a response. However, should you wish to raise a new dispute, we will investigate the matter further and respond accordingly.
We ask that you make the full payment of £170.00 within 7 days of receipt of this email.
You can make payment in the following ways:
• Contact us on 0330 822 9950 (our opening times are Monday- Friday 9:00- 17:00);
• portal.moorsidelegal.co.uk - Login to our portal
• https://pay.moorside.legal - Quick Pay
If you fail to respond or make payment, we may be instructed by our client to issue legal proceedings against you. This will incur further costs and fees that will be added to the outstanding balance. You may wish to seek independent legal advice.
"
Please can I have advice on the strongest next steps and defence points for this case.
