Claim Form - MOTO Motorway Service Station

MrSquirrels

Hi, I know I've left this to the last minute due to various reasons which I won't go in to.

Any input would be much appreciated. Hope I haven't fluffed this up!

I've been sent a claim form on 01/12/2022

Acknowledgement of Service 20/12/2022

Parked in MOTO motorway service station car park on 24/06/2019 

Spent over two hours there looking after a friend who needed my help with personal health issues.

Used shops and coffee shop while there.

Lack of signage where I was parked means I overstayed the 2 hours limit 

I tried to complain to the manager at the time via an employee but the manager didn't even want to talk to me.

From that point my memories a bit blurry as its several years ago but I seem to remember missing the appeal deadline and emailed the parking company directly using the appeal template.

I haven't got the original NTK as they've long gone in the bin

I have just emailed MOTO again via their website to ask the to cancel it while I sort my defence.

DEFENCE

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

 

3. a The defendant visited site to help a friend out who was suffering with undiagnosed health issues, stress from work and problems at home with family. The facilities were used to help rest and relax whilst discussing and researching the health issues and troubleshooting the blood sugar monitor. 

3.b The defendant supported many of the available facilities at the premises including the shop to buy food, the coffee shop to purchase tea, coffee and snacks, toilets and seating to work on laptop.  

3.c Due to the inadequate and improperly placed signage the defendant remained at the facilities longer that the allowed 2 hours time slot.

3.d There was no signage anywhere between the defendant’s parked vehicle and the entrance to the building.

3.e The only signage displaying the length of time allowed on site was at such a height as to be obscured by parked vehicles.

3.f On a subsequent visit the defendant found two small, inadequately lit signs in adjoining parts of the car park. These were barely visible from the defendant’s parking bay and partially obscured by vehicles using the car park.

KeithP

Hello and welcome.

What is the Issue Date on your County Court Claim Form?


I am concerned that you left the filing of an Acknowledgment of Service to the last possible moment and wonder whether you actually missed that deadline.

Can you please show us that part of your MCOL Claim History that looks a bit like this?...

A claim was issued against you on dd/mm/2022
Your acknowledgment of service was submitted on dd/mm/2022 at hh:mm:ss
Your acknowledgment of service was received on dd/mm/2022 at hh:mm:ss

Coupon-mad

Remove 3c.  You didn't know about any restricted 'time slot'.

MrSquirrels

KeithP said:

Hello and welcome.

What is the Issue Date on your County Court Claim Form?

Claim History

A claim was issued against you on 01/12/2022

Your acknowledgment of service was submitted on 20/12/2022 at 14:49:47

Your acknowledgment of service was received on 20/12/2022 at 16:05:18

KeithP

JohnNinjo said:

KeithP said:

Hello and welcome.

What is the Issue Date on your County Court Claim Form?

Claim History

A claim was issued against you on 01/12/2022

Your acknowledgment of service was submitted on 20/12/2022 at 14:49:47

Your acknowledgment of service was received on 20/12/2022 at 16:05:18

Hmmm... that would suggest that you were late in filing an Acknowledgment of Service -- late by a whole five minutes.

That could mean that your Defence filing deadline became 4pm on 20th December.

I would encourage you to get your Defence filed as soon as possible. The good news is that nothing untoward will happen today - being a Bank Holiday. Get a Defence filed before 8am tomorrow.

Even if I'm wrong and your Acknowledgment of Service was filed in time, that means your Defence filing deadline would be 4pm tomorrow.

Crazy idea to leave things to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Do not try and file a Defence via the MoneyClaimOnline website. From now on the MCOL website should be treated as 'read only'.

MrSquirrels

Thanks for your info. Email to justice.gov and DCB legal with PDF of my defence sat ready to go. Will send tomorrow first thing and keep my fingers crossed.

Coupon-mad

As long as you get an acknowledgement from the CCBC it is fine (as long as MCOL doesn't say default judgment has been entered against you) so you could email it now.

MrSquirrels

Coupon-mad said:

As long as you get an acknowledgement from the CCBC it is fine (as long as MCOL doesn't say default judgment has been entered against you) so you could email it now.

Does the "due to the CCBC's dysfunctional systems, only do this during working hours" not apply to bank holidays?

Coupon-mad

It's fine as long as you get an acknowledgement.

Then phone tomorrow to make sure they update MCOL and you win the race.

MrSquirrels

Defence emailed and called yesterday to check it was received.
Was told my acknowledgement of service had been received and so had defence but were behind on working through cases by a few days so system won't be updated yet.
They said that they go by the date it was received not the date it goes on the system.

MrSquirrels

Response from MOTO

Thank you for taking the time to contact us via Moto website regarding the PCN you have received. 

I am sorry you received a PCN from your Moto visit but we do operate a free 2 hour parking limit, allowing individuals to rest and then parking charges apply. Following the free 2 hour period, if a parking payment is not received then a PCN is issued. 

There is signage throughout our car parks highlighting the free 2 hour limit, what the parking charges are after the free timeframe, where to pay and also the terms and conditions.

I appreciate you contacting us directly, however CP Plus/Group Nexus are responsible for managing parking at Moto locations which includes PCN queries and appeals. 

Due to GDPR we do not have access to their data, but would like to assure you that they are expected to adhere to the British Parking Association Code of Practice, and that they obtain keeper details from the DVLA in real time, to obtain the registered owner address which they use for their PCN correspondence, except where the vehicle was loaned by a hire company, in which case, they issue the PCN to them, and then re-issue to the driver once the hire company advise the details..

I am therefore sorry that we are unable to assist with this matter. However, with your permission, I can send your correspondence to GroupNexus, who will be able to look into this matter and answer your concern and respond to you accordingly. Please confirm if you would like me to arrange this.