Moorside Legal court claim with 'parking fines' in the POC

briancr7

Here are the redacted documents

briancr7

Service date was 15th Dec.

As far as I understand the second sheet I need to fill in and send back (acknowledgement of service), is that right?
Do I put only the defendants name everywhere or should I put representatives (my) name as well?

Today is my only day Im able to send this back, so Im a little squeezed by time.

briancr7

Coupon-mad said:

2. By refusing to settle at the Mediation call (which is our STRONG recommendation) you are likely to pay nothing at all, and

3. even if you did have a hearing (unlikely to go that far) and were unlucky enough to lose (unlikely) you'd pay LESS than the claim?

Remember 2 and 3 above?  I have bolded the important bit.

As Moorside are copying the MO of DCB Legal, there will almost certainly never be a hearing.  Not sure why you want to offer payment at the Mediation stage?  An offer can be made at any time later, too.

But if you feel you have to offer something - and yes she can nominate you to take that call - offer £20, then £30.  Slow increments... we have seen court claims settled at thirty quid.

And we say they'll discontinue. No hearing.

Or your local court Allocating Judge (once it gets past Mediation stage unresolved) will likely strike the claim out because you will be using the Chan version of defence (read the Template Defence third paragraph for that link).

The court should strike it out completely (no hearing) due to the appeal cases of CEL v Chan and CPMS v Akande.

Show us the claim form (redacted, including covering your VRM, the MCOL password and Claim Number).

Q: Remember 2 and 3 above?  I have bolded the important bit.
A: Yes! Thank you

Re: Or your local court Allocating Judge (once it gets past Mediation stage unresolved) will likely strike the claim out because you will be using the Chan version of defence (read the Template Defence third paragraph for that link).
The court should strike it out completely (no hearing) due to the appeal cases of CEL v Chan and CPMS v Akande.
A: All sounds good and we'll go through with it.

At this stage I would like to make sure that I take the right step, and fill in the right documents and post them, however I need to sort this today my last chance.

1. Do I fill in the 'acknowledgement of service' sheet and what do I tick? Is it "1. I inted to defend all of this claim" ? There is another sheet "Defence and Counterclaim" form, do I need to fill that in too, or thats a later stage?

2. Do I put only the defendants name everywhere or should I put representatives (my) name as well?
At what stage the defendant can name another person as representative or 'decision caller' (or so, I made that up don't know how its actually called)?

All help appreciated 

Coupon-mad

No you are not filling in any paper forms.  The Defendant also has until after Christmas to acknowledge (AoS).

AoS is done online which is shown in pictures for you, page by page, in the second post of the NEWBIES FAQS thread.

Then after that, the Defendant (not you?) will be using our detailed Template Defence - see the top of the forum - and specifically clicking in the linked alternative wording given there, for cases where the breach has not been pleaded.

It is twenty times easier than any appeals system. Done by email. No risk. No cost.

No hearing because they discontinue.

No solicitor nor law knowledge needed.

Dead easy!

We win or see discontinuations 99% of the time. No risk. We are glad you found us.

Just add a line or two in para 5 - straight AFTER the images of the Chan transcript - starting with a denial that a private company can issue or collect 'parking fines' (the Claimant's phrase) and given the POC do not plead any coherent snippets of information nor do they even try to argue the case as a parking charge notice issued under contract law, the claim has no chance of success and should be struck out.

If she wasn't driving she says so in her added bit.  If she was then she can admit driving but not add any detail as that's helping them!

And of course use the whole Template Defence (the version with the Chan images) but we don't want to be shown it ... please!

Then follow the first 12 steps in the Template Defence thread so that you don't need to ask us (please...) about the DQ questions or the laughable Mediation phone call.

If whoever takes that call in January - could be you - wants to offer £20 (then after discussion, £30 or £40) we do get that can have value to end the case, and that would be a victory.

But otherwise no paying!

 

Coupon-mad

Now please change your thread title to something more suitable,  like 

Moorside Legal court claim with 'parking fines' in the POC.

And a question:

Does the claim give a date of event and location with town as well, in the first line of the Particulars (POC)?  Does it state the car VRM?

You've redacted a bit, I presume. Without telling us the VRM, what did you redact?

Or is there nothing - no date, no location and no car - specified after 'occurred on the...' ?

briancr7

Thank you for quick response.
Understood the pointers.

The form did mention that the defendant has 14 days after service date to respond to the claim otherwise will have CCJ against them, therefore I gathered this needs sending back asap. We're out of UK from tomorrow early morning, that's why need to respond today if necessary.

The online service doesn't work, tried with claim number as username and used the given password... Couldn't log in.

Funny you ask that, as actually it doesn't mention car VRM, date or location of event....
The only connection to the event apparently is a reference number, in the Claim No. box, under the Claimant name, which I redacted.

Grizebeck

they cant even spell contravention
when you have registered with mcol on via .gov, type the claim number and password into notepad/wordpad
then copy and paste on the mcol system
i reckon you are doing it wrong
you dont need to respond today but you can do the AOS

Coupon-mad

You (in fact the Defendant) has19 days to do the AOS.  This is on the claim form back page, which tells you that 5 days are added for service.

DO NOT POST ANYTHING THIS WEEK SNAIL-MAIL!  It won't get there in time.

Please just get the Defendant to register for a Govt Gateway account and follow the simple Dropbox page-by-page Dropbox pictorial instructions in the NEWBIES thread.

KeithP

With a Claim Issue Date of 10th December, you have until Monday 30th December to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 13th January 2025 to file a Defence.

That's nearly four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Gr1pr

Bear in mind that the defendant must login to the gov website first,  using her gateway account,  then go to the MCOL section as mentioned earlier 

I believe that you both are trying to use the claim form details to login,  but no, account first,  navigate to the MCOL section second 

Ps, hard to believe that the idiots called them parking fines