Author Topic: Guidance Needed Please - UKCPS - No Stopping - Leeds Railway Station - Moorside Legal  (Read 2188 times)

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Normal drivel from the hapless Moorside Legal.

You could replay with the following;


To whom it may concern,

I write in response to your letter dated 5th March 2026.

I am the vehicle keeper and the driver it not known by your client.

Once again, I refute that any monies are owed by me (the keeper) to either you or your client.

Your client should contact the driver directly if they feel that a parking charge is owed - I will not be providing driver details because the law does not require it.

The Letter Before Claim was from Moorside Legal and, as such, my replies are directed at you and not your client.

My previous letter was NOT an appeal but a legitimate response by myself to a LBC.

Your latest letter contains a clear legal inaccuracy which is specifically designed to mislead me into thinking that the vehicle keeper can be held liable in a scenario where the legislation clearly shows that keeper liability is specifically excluded.

Given that Moorside are being extensively investigated (by the SRA) I am surprised that you continue to deliberately misrepresent your true legal position in matters such as these.

The fact is that liability remains with the unknown driver - you do not have the legal authority to reallocate liability in the manner which you imply.

Your client and yourselves are, of course, entitled to pursue a registered keeper for any reason you wish - that is your right as a Claimant - however, this is, as a County Court Judge recently pointed out to a parking operator (who was attempting to rely on 'reasonable assumption' to move liability onto a keeper), 'This is actually a commercial decision by the parking operator and NOT an already established legal position' (paraphrased). The Judge then continued by pointing out that a parking operator 'must still PROVE their case in the same manner as any other Claimant and that an assumption of who was driving must still be materially evidenced in order to establish that the keeper was liable' (paraphrased).

So, to be clear, at the present time the liability remains with the individual who formed the alleged contract with your client - you cannot simply shift liability due to that inconvenience.

Liability in this matter has NEVER been with the vehicle keeper at any stage.

I also note that your previous letter does not address the other aspects which were raised.

In particular, the contradictory road markings demonstrated by your client's own evidence.


I am sorry that I cannot help your further in this matter.



Have a great day,


xxxxx xxxxxxx
« Last Edit: March 10, 2026, 12:58:25 pm by InterCity125 »

Hi, thank you for the quick and detailed response, I will do as you suggest.

Could I ask if the SRA investigations against Moorside are documented / evidenced somewhere the general public would have access to ?

Many thanks

Best to remove the personal details of the upload, (address etc).

Good point - thanks for the reminder !

I should point out that the line about there not being clear signage might not work, because there are massive red and white signs that say "No stopping" in letters the size of my head and "£100 charge if you stop" in letters not that much smaller. You can see them on Street View.

I should point out that the line about there not being clear signage might not work, because there are massive red and white signs that say "No stopping" in letters the size of my head and "£100 charge if you stop" in letters not that much smaller. You can see them on Street View.

We haven't said 'unclear signage'.

We ARE saying 'contradictory markings', namely; double yellow lines which allow brief stops for picking up / dropping off.

If they want a no stopping zone then double reds are required.

It was all too quiet....

So this popped through the letterbox yesterday. As previously, any help / guidance as to how to complete the claim response would be most gratefully received. Thank you in advance.

https://imgpile.com/p/oOiCCKc#3tCf9Uy
« Last Edit: Yesterday at 11:20:59 am by ChrisS »

It was expected and is part of the process.

Nothing to worry about.

Your defence is very simple.

No need for an AOS - Just log onto MCOL and submit the following;


Leeds Railway Station defence.

1. This claim is denied in its entirety and no debt is owed to the Claimant.

2. It is acknowledged that I was the Registered Keeper of the vehicle at the material time.

3. That the driver of the vehicle is not known to the Claimant and that there is absolutely no legal requirement for me to reveal the drivers details to an unregulated private parking contractor.

4. That no assumption of who was driving can be drawn from me simply exercising my right to say nothing in a situation where the law does not require me to disclose driver information.

5. That the Claimant is using a 'Boiler-plate' Particulars of Claim which lacks accuracy and relevance to the particular matter.

6. That with the driver not known to the Claimant, the Claimant is attempting to use Protections of Freedoms Act (2012)(PoFA) in order to invoke what is known legally as 'Keeper Liability'.

7. That the attempt to use PoFA Keeper Liability is not applicable to this specific location since the location is not classed as 'relevant land' under the legislation - the location at Leeds Railway station is subject to Railway Byelaws and therefore it is excluded from PoFA.

8. That the Claimant's own Parking Charge Notice (PCN) Notice to Keeper (NtK) specifies, ironically, in large bold print, that the NtK is "Non-PoFA".

9. That PoFA Keeper Liability is therefore not available to the Claimant.

10. That with both the driver unknown and no Keeper Liability available, there is no legal route to liability in this matter.

11. That liability is therefore denied.


Additional Defence Points;

12. That it is not possible for the Claimant to have formed a contract with the driver in any circumstance since a driver would never consider that the Claimant's signage constituted an offer of contract since the signage simply resembles normal road signage.

13. That, in law, in order for a contract to have been formed there would need to be 'clear intent on the part of both parties to form a legal relationship' - it therefore stands that no contract can be formed in a situation where the driver does not recognise that a contract is being offered.

14. That the road markings and signage demonstrated in the parking operators evidence are contradictory in nature and are therefore in breach of the Parking Operators own industry Code of Practice.

15. That whilst some signage specifies, "No Stopping" there are additional road markings such as double yellow lines which allow brief stops for dropping off and picking up passengers.

16. That in order to be compliant, No Stopping signage can only be supported by double red lines.

17. That in previous correspondence, the Claimant's legal representatives have consistently sent me legal letters which attempted to completely misrepresent their true legal position in an attempt to pressure me into paying.
« Last Edit: Yesterday at 12:17:59 pm by InterCity125 »
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Quote
7. That the attempt to use PoFA Keeper Liability is not applicable to this specific location since the location is not classed as 'relevant land' under the legislation - the location at Leeds Railway station is subject to Railway Byelaws and therefore it is excluded from PoFA.
One might argue it is overkill, but I would add to this point why the existence of railway byelaws means it is not relevant land. Namely, that these byelaws meant that the parking of vehicles on the land was subject to statutory control.

May also be worth being explicit about the dates, I.e. That the alleged contravention took place before the recent change to the railway byelaws.

Thank you very much for the speedy responses, I feel somewhat calmer now and will respond as you have advised.

Watch this space, and my thanks again.