Got myself in a right flap! Gatwick South drop off & Trace Debt

fisherjim

RecordLover said:

fisherjim said:

You are approaching the 6 month cut of point hold steady.

What happens at 6 months? 

It's an airport that comes under bye-laws not a two bit parking companies made up contract so is classed as non relevant land under the PoFA 2012 and they can't hold the keeper liable.

As such the airport authority would have to initiate a case in the Magistrates Court against the driver (they never do) within six months of the offence so after that time it becomes statute barred.

Coupon-mad

Except NCP don't issue Penalty Notices so it isn't timed out until 6 YEARS has passed.

Just ignore them. Tell them if you move house.

Come back if ever you get a LBC (see the second post of the NEWBIES FAQS thread).

That's all.

RecordLover

Hi guys, just another update post, after ignoring the trace letters they started coming from Moorside legal, similar wording etc, this is today which came a little thicker than the rest, am I still ignoring? 

kryten3000

How to respond to a Letter of Claim is covered in the Newbies Thread

https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

LDast

Just follow the advice. Any claim initiated by the incompetents at Moorside Legal will be struck out as long as you add the Chan and Akande arguments to your defence.

RecordLover

Thanks for the response guys but I’m so useless when it comes to these things! Am I using the generic one with the bit about the VAT or the more robust version highlighting that I’m only the registered keeper and that Gatwick doesn’t abide by the same laws? 

Coupon-mad

Either. Or a hybrid mix.

It won't stop the claim but that's what you want because that's when you win.

RecordLover

That's good to know! I'll cobble together my response and then post it back here before I send it 👍

RecordLover

How does this look? and where do I need to email it to? 

Many thanks for all your help! 

To whom it may concern,

 

Your Ref. ############

Proposed Legal Proceedings

Claimant: Moorside Legal Ltd

 

I refer to your letter of claim.

I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:

XXXXXXXX

XXXXXXXX

XXXXXXXX

XXXXXXXX

XXXXXXXX

I am the registered keeper of the vehicle. I am not obliged to identify the driver and I decline to do so. As there is no legal presumption that the keeper of a vehicle was its driver on any particular occasion, your client cannot pursue me as driver (see VCS v Edward, 2023).

I have researched the PoFA 2012, which I am aware does not apply at Gatwick Airport. NCP must cancel and erase my data, as I am not the liable party. As you and your client are aware, there is no keeper liability at Gatwick Airport because the airport is not ‘relevant land’ as defined in Schedule 4 to the Protection of Freedoms Act 2012. Your client cannot pursue me as keeper.

As your client cannot pursue me as driver or keeper, it would be an abuse of the court’s process for your client to issue a claim against me and I will defend any such claim vigorously and seek costs in relation to your client’s unreasonable conduct.

If you persist in processing my data and in the event of filing a court claim, take note that I will file a Part 20 counterclaim for no less than £500.  This will be claimed as damages for distress arising as a result of clear breaches of the DPA 2018 and/or the Protection from Harassment Act 1997.

Yours faithfully

XXXXXXXXXXXXXX

Coupon-mad

Good, except, why have you changed the normal (professional) salutation for a legal firm: 'Dear Sirs' to the weak: 'To whom it may concern,'