dcblegal Ltd Letter of claim on behalf of Cp plus/ group nexus 13 January at 3:18AM in Parking tickets, fines & parking 51 replies 738 views

Sk7diver

Hi everyone, and thanks for your help in advance.

Quick draft of the situation in question:

Back in 2018, a vehicle overstayed its welcome at the above mentioned services, no idea by how long (SAR requested).

Meantime, contacted Moto customer services (hoping for a cancelation), which offered to pass on my details to Cp plus for a possible dispute. (not interested thanks)

Received a letter of claim in early December (£170)/ SAR sent. Upon inspection, V5 certificate had the old address, hence the lack of further information. (will the judge hung me straight up, or do i stand a fighting chance?).

County court claim received 1st week of Jan, acknowledgement of service sent 2nd week of Jan.

Sent email to Moto's CEO, no joy either. (PA referred the case to moto's parking enquires, these in turn offered to share my details with cp plus. (not interested thanks)

So i'm guessing this is where the fun begins, and i have to put a defence case together?!

Question: are we not making use of Practice direction, for case defence purposes?


 

KeithP

Hello and welcome.

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Sk7diver

KeithP said:

Hello and welcome.

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Hi KeithP, thanks! Glad to be here!

Issue date: 03/01/23

Acknowledgement of Service: 11/01/23

patient_dream

Sadly for MOTO it seems the tail of CP plus wags the dog being MOTO

Even sadder is the CEO who has been handcuffed by a money scammer

Group Nexus is just a two man band  so nothing special

Just make sure you never use MOTO again and tell all your friends

One person on trustpilot said that "Moto-way should change it's name to mafia services or !!!!!! Turpin rip off".

https://uk.trustpilot.com/review/moto-way.com

KeithP

Sk7diver said:

KeithP said:

Hello and welcome.

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Hi KeithP, thanks! Glad to be here!

Issue date: 03/01/23

Acknowledgement of Service: 11/01/23

With a Claim Issue Date of 3rd January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 6th February 2023 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

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

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Umkomaas

I thought I'd draw your attention to this fairly recent thread which you might have not yet seen. You must keep going through all the necessary court procedure phases, but the hope is that your case will follow the same pattern as all those detailed in the thread. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1,

Sk7diver

Hi everyone, are we supposed to send evidence in the form of photos/ videos along with the Defence statement?

Sk7diver

Sk7diver said:

Hi everyone, are we supposed to send evidence in the form of photos/ videos along with the Defence statement?

Please ignore the question! Thanks.

Not_A_Hope

Your deadline to submit a defence by email to CCBC is tomorrow. If you miss it you will lose and get a default judgment 

Sk7diver

Sadly, contrary to KeithP's advice, i left it to last minute, so hoping someone can have a look into it. Not much to add at this stage really apart from the obvious:

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. On the xx/xx/xxxx, the defendant travelled from Basingstoke to Preston, to visit family members. Feeling tired, approaching Moto Hilton Park North, the defendant decided to stop for some rest, use of the restroom and purchase refreshments. The defendant denies having remained at the above mentioned premises for the mentioned free period of two hours, let alone the three hours and forty minutes claimed. The defendant then proceeds towards Preston, having lunch with family members, making it impossible for the defendant to be in two places at the same time. Therefore, the defendant demands documentary evidence of ANPR maintenance and calibration.

3.a) Upon further investigation, the defendant finds, the signs are not at all prominently displayed throughout the site in question, and one could argue, they are so faintly disguised all round, it makes it very difficult to differentiate them from the prominently displayed bombardment of publicity.

Not_A_Hope

Looks fine. A few suggestions:-

3. On the xx/xx/xxxx, the defendant travelled from Basingstoke to Preston, to visit family members. Feeling tired, approaching Moto Hilton Park North, the defendant decided to stop for some rest, use of the restroom and purchase refreshments. The defendant denies having remained at the above mentioned premises for the mentioned free period of two hours, let alone the three hours and forty minutes claimed. The defendant then proceededs towards Preston, having lunch with family members, making it impossible for the defendant to be in two places at the same time. Therefore, the defendant demands documentary evidence of ANPR maintenance and calibration.

4. 3.a) Upon further investigation, the defendant finds, the signs are not at all prominently displayed throughout the site in question, and one could argue, they are so faintly disguised all round, it makes it very difficult to differentiate them from the prominently displayed bombardment of publicity.

You may wish to elaborate a little on your statement ‘making it impossible for the defendant to be in two places at the same time’ or aver perhaps at the alleged exit time you were having lunch with family in Preston.

No doubt in your WS you can include more detail for the judge to consider such as :-   What time did you leave Basingstoke? Does the travel time correspond with your alleged entry time to the Moto site? Did you sleep at all in the car park? How long should it take to travel from Hilton Park to Preston. Approximately what time did you arrive at your family members for lunch. How does this compare with the alleged exit time.