Author Topic: GroupNexus PCN, Claim form received DCBLegal - Forestry England land  (Read 241 times)

0 Members and 44 Guests are viewing this topic.

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

Share on Bluesky Share on Facebook


Anyone got any advice, please? Did I do something wrong to not get any reply? Thank you

If you still have the original PCN please post it up.

Given the issue date, I would log into MCOL and submit and Acknowledgement of Service to buy a little extra time.

Quote
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, 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!