UKCPS- Final Notice Letter

yktosp

Hello, 

An update; received a N1SDT letter from Moorside Legal to my allocated address. Unfortunately I live away from home most of the time and only discovered this letter today, I understand I was too late to fill out an AOS form but have done so anyway as I haven't received any further claims yet. 

I am currently drafting my defence using the resources in the thread and have a couple questions:

- In the "Particulars of Claim" section they state the driver agreed to pay within 28days but I have no recollection of admitting this or including any anything eluding to this in my appeals

- I made no admission to myself being the driver at that time.

- Although this event occurred over a year ago, I remember parking in that spot was done with the permission of my friend who lived there at the time and I had no idea that I had been fined until i returned to my home address some weeks after.

-I paid one of the fines UKCPS issued me out of fear/ignorance but did not pay the other after further reading on the matter (maybe this is what they are referring to by stating that I agreed to pay?)

 Please advise me on whether I can use any of the above or anything else in my defence. 

Thanks 

Coupon-mad

In the "Particulars of Claim" section they state the driver agreed to pay within 28days but I have no recollection of admitting this or including any anything eluding to this in my appeals.

Of course not. That's not what it means.  Think about what that means under contract law.

But it's unimportant!

You aren't using any of that in the defence because the Moorside Legal defence is already in the first post of the Template Defence thread, linked specially. 

Le_Kirk

yktosp said:

An update; received a N1SDT letter from Moorside Legal to my allocated address. Unfortunately I live away from home most of the time and only discovered this letter today, I understand I was too late to fill out an AOS form but have done so anyway as I haven't received any further claims yet. 

I am currently drafting my defence using the resources in the thread and have a couple questions:

Have you checked on your status page on MCOL to make sure you do not have a judgment in default?

yktosp

Coupon-mad said:

In the "Particulars of Claim" section they state the driver agreed to pay within 28days but I have no recollection of admitting this or including any anything eluding to this in my appeals.

Of course not. That's not what it means.  Think about what that means under contract law.

But it's unimportant!

You aren't using any of that in the defence because the Moorside Legal defence is already in the first post of the Template Defence thread, linked specially. 

Ok, aside from that, are there any points I have provided or otherwise that should be used in the specifics of my defence?

yktosp

Le_Kirk said:

yktosp said:

An update; received a N1SDT letter from Moorside Legal to my allocated address. Unfortunately I live away from home most of the time and only discovered this letter today, I understand I was too late to fill out an AOS form but have done so anyway as I haven't received any further claims yet. 

I am currently drafting my defence using the resources in the thread and have a couple questions:

Have you checked on your status page on MCOL to make sure you do not have a judgment in default?

On MCOL i can only see that the claim was issued and then my acknowledgement in the status

Le_Kirk

Continue with your defence then

Coupon-mad

yktosp said:

Coupon-mad said:

In the "Particulars of Claim" section they state the driver agreed to pay within 28days but I have no recollection of admitting this or including any anything eluding to this in my appeals.

Of course not. That's not what it means.  Think about what that means under contract law.

But it's unimportant!

You aren't using any of that in the defence because the Moorside Legal defence is already in the first post of the Template Defence thread, linked specially. 

Ok, aside from that, are there any points I have provided or otherwise that should be used in the specifics of my defence?

No. It's about what SHOULD NOT be added! No specifics at all. You'll see what I mean when you read the Moorside defence version.

KeithP

With a Claim Issue Date of 6th May, and having filed an Acknowledgment of Service('AOS') in a timely manner, you have until 4pm on Monday 9th June 2025 to file a Defence.

That's over two 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 AOS has been filed, the MCOL website should be treated as 'read only'.


You need to be aware that those Particulars of Claim are totally inadequate.

So it is alleged that the driver breached the terms on the signs (the contract).

Nowhere in those Particulars is there any explanation of what the driver is alleged to have done wrong.
This will be an easy win.

yktosp said:

In the "Particulars of Claim" section they state the driver agreed to pay within 28days but I have no recollection of admitting this or including any anything eluding to this in my appeals.

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

yktosp

Thank you all for your replies 

I am just a bit confused with what to include in my defence. Am I right in thinking I should start my defence using the template Moorside defence and then continue with the generic template defence for all parking cases as from para 4? 

In the Moorside defence template it says:

 "6. (Add basic facts and/or admit or deny the paragraphs in the woeful POC one by one)" but as @Coupon-mad says I should not include specifics? In this template paragraph 2 already outlines how POC fails to meet Civil Procedure Rule 16.4 ect, so I take it I do not need to repeat this?

Is what I have come up with so far acceptable or should I omit this section in my defence? (I will format accordingly later):

"Paragraph 1 is admitted only insofar as the Defendant is the registered keeper of the vehicle in question. It is denied that a debt is owed to the Claimant.

Paragraph 2 is denied. The Defendant has no knowledge of the specific alleged contravention as the Particulars of Claim fail to state what the alleged breach was. The Particulars merely refer to a breach of unspecified "Terms on C’s signs", which does not give rise to a cause of action with sufficient particularity as required under Civil Procedure Rule 16.4 and Practice Direction 16, paragraphs 7.3 to 7.5.

The Defendant denies that any agreement was formed or breached and further denies any liability as driver or keeper. The Defendant is unaware of any binding contract with the Claimant and puts the Claimant to strict proof of the terms and the circumstances that gave rise to the charge.

It is denied that £170 is owed. The original charge was apparently £100, and no explanation or lawful authority has been provided for the additional £70, which appears to be an arbitrary and inflated sum. The claim for interest is also denied as it arises from an alleged debt that is not owed."

Coupon-mad

Yep all good, as long as you add more paragraph numbers.