Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Jameuy on March 01, 2026, 04:17:40 pm
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An appeal template is unlikely to be of much use to a poster who is currently being sued and about to attend mediation...
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Hi there, you can download for free the appeal template from this site [REMOVED] which I developed personally. Hopefully it will help your appeal process. Just add the postcode of the car park.
Feedback welcome
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You won't need notes.
This is not part of the legal process in terms of presenting evidence etc.
DCB will probably offer a low settlement fee in the hope that you'll cover their costs for this escapade.
Stay strong and offer £0.
It will be over in minutes.
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Thank you Jfollows, calls from DCBL are continuing but I just ignore! In the days following the return of the questionnaire (in which I provided my mobile number), I started getting numerous scam calls each day from various numbers. I can’t prove it but I can only assume DCBL have shared/sold my number to third parties…
I’ve got my appointment through for mediation, Tues 14th July.
Presumably I just reiterate my reasons for denying the claim and offer £0? I will prepare myself some notes for reference during the call.
Thank you
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I’m now getting missed calls from DCB Legal. I didn’t know it was them until they left me a message as I get spam calls so I don’t answer unknown numbers. Should I call them back? What are likely to want from me? I was expecting the next contact to be from mediator or courts. Thank you
Never call them back, and hang up if you get called by them.
They will offer to “settle” despite what they said previously, but if you stay the course you will pay £0.
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I’m now getting missed calls from DCB Legal. I didn’t know it was them until they left me a message as I get spam calls so I don’t answer unknown numbers. Should I call them back? What are likely to want from me? I was expecting the next contact to be from mediator or courts. Thank you
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Thank you @jfollows I have completed the N180 and returned as you have advised. Will update with what I hear next.
Thank you for the help thus far, greatly appreciated.
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If it goes to court, you will submit a witness statement as the registered keeper and can be questioned on it. It’s a statement of the facts as you best know them, it has nothing to do with being a witness to the parking event.
DCB Legal are very likely to discontinue before then, but you’ve got to act as if you might go to court until they do.
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Thank you @jfollows that’s very helpful.
On D1 am I right in saying I ought to not include the part that says “ or speak as the only true witness to events in question.."
…Given that in my case the driver has not been identified, better not to declare myself as witness to any event.
Thank you
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You have to submit your own N180 form.
Section A tells you that mediation is mandatory.
Having received your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those. Download your own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.
https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf
Here are the answers to some of the less obvious questions:
• The name of the court is "Civil National Business Centre".
• To be completed by "Your full name" and you are the "Defendant".
• C1: "YES"
• D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.."
• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option
• F3: "1".
• Sign the form by simply typing your full name for the signature.
When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
Search the forum for
mediation
if you want to know more.
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UPDATE! I have today received a Notice of Proposed Allocation to the Small Claims Track, including a copy of the N180 form.
https://ibb.co/p6Wf8kD3
https://ibb.co/rfQXY5bz
https://ibb.co/Q7vwrZLG
Would appreciate a steer on next steps, how best to answer the questions? If I have provided a defence, why am I invited to go through this mediation process?
MCOL website case history just says:
Case Stay Lifted on 29/04/2026
DQ sent to you on 29/04/2026
DQ filed by claimant on 29/04/2026
Thank you
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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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I just wasn’t sure about stating “is”, which could invite questions as to how can I prove that.
You may well be proving it, as it's a key point in your defence. For when it comes to that:
- Forest of Bere West Walk Plan (https://www.forestryengland.uk/sites/default/files/documents/Forest%20of%20Bere%20Forest%20Plan%20West%20Walk_0.pdf) - Page 6 of the attached shows a boundary of a "management area", which includes the car park
- Forestry Commission Byelaws (https://www.forestryengland.uk/sites/default/files/documents/Forestry%20Commission_Byelaws.pdf) - 6 & 7 control parking and the use of vehicles on the land. "Lands of the commissioners" is defined under 2.
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There’s a “no” missing from the last paragraph above, isn’t there?
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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.
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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
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You could probably tighten up the wording.
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.
No need to repeat the claimant's claim for them.
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.
Not sure about your use of the word 'may' here - your case is presumably that the land is subject to byelaws.
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Should I submit the above defence to MCOL?
Thank you
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Thank you for the advice this far.
Here is a draft - being careful not to mention driver and only keeper:
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The Defendant is the registered keeper of the vehicle in question. The Defendant denies liability for the entirety of the claim.
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.
The Defendant understands that this site is managed by the Forestry Commission, of Forestry England.
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.
The Forestry Commission Byelaws regulate behaviour on Forestry Commission land, including the use of vehicles and where vehicles may be driven or left.
Schedule 4 of the Protection of Freedoms Act 2012 allows a parking operator to pursue the registered keeper of a vehicle only where the parking occurred on “relevant land”.
Paragraph 3 of Schedule 4 of PoFA provides that “relevant land” does not include land on which the parking of a vehicle is subject to statutory control.
If the land in question is Forestry Commission land governed by statutory byelaws, then it is land where the parking of vehicles is subject to statutory control.
In such circumstances, the land is not “relevant land” for the purposes of Schedule 4 of the Protection of Freedoms Act 2012.
The Claimant is therefore unable to rely upon Schedule 4 of the Protection of Freedoms Act 2012 to establish keeper liability.
The Defendant is the registered keeper of the vehicle but the Claimant has provided no evidence as to the identity of the driver.
The Defendant is under no obligation to identify the driver and declines to do so.
In the absence of evidence as to the identity of the driver and with Schedule 4 of the Protection of Freedoms Act 2012 being inapplicable, the claim has no lawful basis against the Defendant as keeper.
The Claimant is therefore put to strict proof that the land in question constitutes “relevant land” within the meaning of Schedule 4 of the Protection of Freedoms Act 2012.
The Defendant respectfully states that the claim is without merit and should therefore be dismissed.
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Thank you for reading!
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The Forestry Commission byelaws do regulate parking. With that in mind, if the car park forms part of the land governed by the byelaws, then it would seem not to be relevant land for the purposes of PoFA.
Take a look at some other defences on here to get a flavour for how they are written and see if you can draft something up on which we can offer comment. I would put the PoFA issue front and centre.
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So is this ‘relevant land’ or not?
I don’t know.
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Land is not ‘relevant land’ if it’s covered by byelaws, such as ports and airports.
https://www.legislation.gov.uk/ukpga/2012/9/schedule/4
3(1)In this Schedule “relevant land” means any land (including land above or below ground level) other than—
(a)a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);
(b)a parking place which is provided or controlled by a traffic authority;
(c)any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.
(2)In sub-paragraph (1)(b)—
“parking place” has the meaning given by section 32(4)(b) of the Road Traffic Regulation Act 1984;
“traffic authority” means each of the following—
(a)
the Secretary of State;
(b)
the Welsh Ministers;
(c)
Transport for London;
(d)
the Common Council of the City of London;
(e)
the council of a county, county borough, London borough or district;
(f)
a parish or community council;
(g)
the Council of the Isles of Scilly.
(3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.
(4)In sub-paragraph (3) “statutory provision” means any provision (apart from this Schedule) contained in—
(a)any Act (including a local or private Act), whenever passed; or
(b)any subordinate legislation, whenever made,
and for this purpose “subordinate legislation” means an Order in Council or any order, regulations, byelaws or other legislative instrument [F1, but not byelaws made under section 219 of the Transport Act 2000 by the Strategic Rail Authority, confirmed under Schedule 20 of the Transport Act 2000 and preserved by section 46(4) of the Railways Act 2005].
Thank you for supplying the specific wording.
Are you able to assist me with what steps I take next and how I form this into a defence I can submit please?
I have completed the AoS and declared that I intend to defend the claim. Just not sure what to do next.
Any help is very much appreciated! Cheers.
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Thank you, I have submitted my AoS on MCOL today.
Unfortunately I don’t have the PCN anymore.
Appreciate the quote on “relevant land”.
What is my next move? How do I form this into a defence statement/document? Thanks again!
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Land is not ‘relevant land’ if it’s covered by byelaws, such as ports and airports.
https://www.legislation.gov.uk/ukpga/2012/9/schedule/4
3(1)In this Schedule “relevant land” means any land (including land above or below ground level) other than—
(a)a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);
(b)a parking place which is provided or controlled by a traffic authority;
(c)any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.
(2)In sub-paragraph (1)(b)—
“parking place” has the meaning given by section 32(4)(b) of the Road Traffic Regulation Act 1984;
“traffic authority” means each of the following—
(a)
the Secretary of State;
(b)
the Welsh Ministers;
(c)
Transport for London;
(d)
the Common Council of the City of London;
(e)
the council of a county, county borough, London borough or district;
(f)
a parish or community council;
(g)
the Council of the Isles of Scilly.
(3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.
(4)In sub-paragraph (3) “statutory provision” means any provision (apart from this Schedule) contained in—
(a)any Act (including a local or private Act), whenever passed; or
(b)any subordinate legislation, whenever made,
and for this purpose “subordinate legislation” means an Order in Council or any order, regulations, byelaws or other legislative instrument [F1, but not byelaws made under section 219 of the Transport Act 2000 by the Strategic Rail Authority, confirmed under Schedule 20 of the Transport Act 2000 and preserved by section 46(4) of the Railways Act 2005].
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Given the issue date, I would log into MCOL and submit and Acknowledgement of Service to buy a little extra time.
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If you still have the original PCN please post it up.
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Anyone got any advice, please? Did I do something wrong to not get any reply? Thank you
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Hello
Incident date 19/06/2025
Upon entering the car park at Forest of Bere (West Walk) in Hampshire, the driver found a space, parked up and did not purchase a ticket. I, the registered keeper, did receive a PCN which was not responded to in any way. A claim form has now been received, issue date of 23/02/26 with the accompanying response pack (N9A, N9B etc).
I understand from having a read up a bit in the forum that there could be some recourse on the basis that a forestry bylaw determined that forestry England land is not relevant land for the purposes of PoFA?
Image of claim form:
https://ibb.co/sdF9bTgV
I would be very grateful for any advice on how best to proceed.
Thank you