Moorside Legal - Letter Before Claim - Automated response

Coupon-mad

There are no prosecutions.

I'd remove this:

"Their response to a direct appeal can be provided, with their claim that these prosecutions are required due to congestion in the area. The fact that to exit from the Drop Off point a vehicle needs to cross the lane of the queueing traffic trying to enter the Drop Off point seems to be beyond their comprehension. The yellow box junction is most frequently ignored, causing congestion in the first place."

Replace it with pointing out there are no clearly marked double red lines as required for proper 'no stopping' zones, and denying the allegation, if the POC specifies it? Show us the POC.

PCGuruSwami

https://forums.moneysavingexpert.com/discussion/comment/81956866#Comment_81956866

My friend is a freelance bus/coach driver & can also earn that sort of money for a days work, so I reckon it'll be worth the £35 just for the giggles!

PCGuruSwami

The POC is the new Moorside one that does state "The signage displayed at the site set out contractual terms" etc and "The breach was : No Stopping" etc.

Whilst I understand that double red lines are used when there's a TRO in place are they actually required on private land - and are the rules different for Railway land?

Is it worth referring to them just to add to the mix?

Basically, we were waiting at the station because the train was cancelled & my friend came to collect us. We had no luggage, the queue into the actual Drop Off / Pick Up Point was long, reaching out past the roundabout and onto the road. When I saw my mate in that queue I attracted his attention, he pulled out of the queue and picked us up & we left the station far quicker than if he'd stayed in the queue adding to the congestion.

Is it worth trying to frame that in Para 3 at all or wait for the hearing if it gets that far? Should this MCOL defence part just be the legal stuff from the template?

Quite simply I should have got him to collect us from anywhere else in Leeds & we wouldn't be in this situation now, but hindsight is a marvellous thing!

New Para 3. Thoughts?

3. Regarding signage, none of the signs are illuminated & there are no repeater signs in the vicinity of where the alleged offence occurred, despite the claims of National Rail. Considering the time of night the signs were not visible from inside the vehicle. There are no Double Red lines along either side of the roadway, a fairly standard indicator of a No Stopping Zone everywhere else. There are double yellow lines further up the road so the absence of lines would convey that there are no restrictions at that point.

Coupon-mad

Whilst I understand that double red lines are used when there's a TRO in place are they actually required on private land?

Yes, believe me, 100% they are.

You can read this confirmed in two places:

• the POPLA Annual Report 2015 where the barrister Henry Greenslade (erstwhile Parking on Private Land Appeals Lead Adjudicator) talks about 'no stopping zones' requiring double red lines & repeater signs;
• the 2022 Statutory Code of Practice from the DLUHC which is 'withdrawn' but signals the will of Parliament and is about to be re-introduced (with no changes to the no stopping clauses) by the current Government, this Autumn. I helped write it as I've been on the MHCLG Steering Group for 6 years. Double reds are mandatory.

🙂

PCGuruSwami

I've got another one for you all:

Princes Square is not adopted highway as per Leeds Council websites - there's no TRO in place for that road & there doesn't need to be but

If National Rail are professing to be able to bring in No Stopping "regulations" then National Rail must own the land.
If that land is actually covered by Railway Byelaws 2005 then enforcement has to be by Magistrates Court & within 6 months.
UKCPS via MoorSide Legal are issuing a Private Contractual Charge via Civil Court to the Registered keeper under PoFA, which does not apply to land covered by Railway Byelaws.

By appealing (in the drivers name) but without stating that "I was the driver" have we knackered this defence?

Gr1pr

FYI, mediation is about both sides reaching a financial compromise, a financial settlement figure, a mutual agreement, not discussing the actual case itself, its a 5 minutes phone call , see the newbies sticky thread in announcements checking the 2nd post also read the first post in the defence template thread, the 8 steps

Coupon-mad

By appealing (in the drivers name) but without stating that "I was the driver" have we knackered this defence?

Yes you did ruin that argument, if the driver was a different person than the keeper to whom the NTK was first addressed. Appeals should never be done by the driver.

However, the point wasn't quite right anyway because yes… penalty notices issued under byelaws have to be brought before mags court within 6 months, but no… this wasn't a penalty notice.

This was a contractual PCN. 6 years to sue.

Le_Kirk

………..dated 18/03/26 so date served = 18+5 = 23rd (I think it did actually arrive on 23rd), I did the AOS online on 31st Mar so 28 days later = 20th April if i'm not mistaken.

With an issue date of 18/03/26 and having completed the AoS in a timely manner your defence deadline date is 4.00 p.m. on 20/04/26, so you are correct.

Xboxman02

Thanks for the update @PCGuruSwami

This section of the response makes me slightly concerned as I have used the lack of appropriate signage as part of my defence, although as to your other point the signage is not illuminated & the lighting was dim on the date in question for me & the point re double red line marking being absent is also applicable in my case.

"Our signage has been audited through the Independent Parking Community and we are confident the signage meets the requirements for clear signage and navigates the parking, we have numerous repeater signs around this area advising ‘No Stopping’."

I honestly didnt see any signage when I stopped to drop someone off in August 2025, due to the time between receiving the PCN I no longer had my dashcam footage to confirm for sure if anything was in place. Although in Google street view, there is no signage visible prior to September 2025 & only after so I am hoping that this might be something if I need it.

It also seems crazy to me that there is 10 minutes free parking but 0 seconds stopping, although the place where I allegedly stopped is literally just 3ft after a zebra crossing where cars can & do stop all the time… 🤷‍♂️

PCGuruSwami

Hello all,

Just an update. I submitted the defence via MCOL website and Moorside have sent a reply by post.

The interesting thing is that they accuse of using "Internet Template Defence" when their own Para 6 states "overstayed by 16 minutes" so they haven't even read it all and have used a template response themselves, since this is a No Stopping claim and not a Parking claim.

They are also offering a discounted settlement proposal which I assume is another trick to convince me the case is unwinnable in court.

We await the N180 Directions Questionnaire

Thoughts, please?

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