Help please with County Court letter for Moto Parking fine

Redx

Wait , it's not due until the 16th Feb , so why rush ?

D_P_Dance

It is not a fine, have you complained to your MP?

rxbfm

Sorry it's taken me a while to come back with this update but GOOD NEWS!!!!!

I emailed the CEO of Moto as suggested in other threads on this forum and it worked.  Ken McMeikan (Ken.McMeikan@moto-way.co.uk) got back the same evening I emailed him, at around 2230 hours and agreed to cancel the PCN.

I'd also sent the same message in via the feedback form on their website and they did also get back to me from there several days later and agree to cancel it.  As I said in my first post, I did try contacting MOTO several months ago via to ask for this and was turned away so something has obviously changed - possibly my approach. 

I gathered together things I had seen on this forum and advice on this thread.  In my e-mail I said it wasn't an appeal but a complaint on the basis that it was totally unreasonable to be chased for making a minor overstay in order to rest and keep the roads safe.  I stressed that surely as the landowners MOTO have the authority to provide me with some basic customer service and stop the contractors from hounding me.  I also said I am a key worker who has worked throughout the pandemic and can provide proof of this (true) and was being caused undue stress at the prospect of paying the fine/CCJ.  Lastly I stated that I couldn't possibly consider sending money to the contractor as due to their unscrupulous practices (such as inflating the fine to £170) I would have no guarantee that it would cancel the fine or prevent a CCJ/them pursuing me. Therefore, although I fully intended to submit a defence it would further add to my severe stress and be an invaluable use of my time.

I'm waiting for a confirmation letter from CP Plus confirming the case is closed.  What do people think - should I still submit my defence as the letter hasn't landed on the mat yet?

THANK YOU!

blackdog2220

untill the fat lady sings ,,,,,,,,,,

your case is still active and will proceed , Moto may very well contact groupnexus , BUT YOU need to contact DCBL with the correct ref number and state that MOTO do not wish groupnexus to proceed against you , 
and that as a matter of urgency they should contact ther client for new instructions 
I suspect that they will not drop this and will continue 

KeithP

rxbfm said:

I'm waiting for a confirmation letter from CP Plus confirming the case is closed.  What do people think - should I still submit my defence as the letter hasn't landed on the mat yet?

Good to see that MOTO are apparently doing the right thing.

The County Court Claim against you must be defended until such time as the case is discontinued.

It would be silly to fail to file a Defence at this point in time.

Maybe you should ensure your Defence points out that the Claimant has no commercial justification for the claim.

Remember... you have until 4pm on Tuesday 16th February 2021 to file your Defence.

blackdog2220

rxbfm said:

I'm waiting for a confirmation letter from CP Plus confirming the case is closed.  What do people think - should I still submit my defence as the letter hasn't landed on the mat yet?

THANK YOU!

umm yes , but rewritten and clearly stating that Ken McMeikan  the CEO of Moto (the land you were parked on) has agreed that you were entitled to continue resting beyond the 2 hr minimum set by goverment , and that they do not wish to pursue you any more 
at the time of writing Ken McMeikan has stated that he will write to CP plus (now long gone) and inform them of his views 
also state that you (after you have done it) have written to both DCBL and groupnexus , and fowarded a copy of Mr Ken McMeikan email 

Redx

As above , it's not over , until it's over , nexus may continue despite the Moto intervention

Continue by drafting and emailing the defence because the fee has already been paid

This also gives time for the claim to be discontinued before or even after the DQ is filed , thereby giving you time to wait but also to prepare.

So the clock keeps ticking until the claimant stops the clock , just like an alarm clock waiting for the claimant to press the cancel alarm button

D_P_Dance

If they do take you to court they are likely to struggle imo.

Umkomaas

The conveyor belt nature of the roboclaim ambulance chasers' processes would make me concerned that the cancellation doesn't get through to them before the Defence deadline. There system will however be primed to file for a judgment in default immediately the deadline has passed with no apparent Defence.  Then there's a mess to sort out. 

As well as continuing with your Defence, also check the PPC's website to see what the status of your charge is. If it shows anything in your favour, take a screenshot and keep for posterity. Even then, until you hear formally that the claim is discontinued, you must carry on with your Defence. 

Coupon-mad

YAY, ANOTHER CP PLUS GROUP NEXUS ONE BITES THE DUST!

Well done, sounds like you will soon get confirmation but DON'T miss any court deadlines until you are 100% sure and have seen the notice of discontinuance.