Letter of Claim - UKCPS - Moorside Legal - Parking 'No Stopping' Gateway House Manchester

Agentsmith162

Hello all, 

I have been going through the motions like so many others in relation to 'No Stopping' allegation at Gateway House, Manchester Piccadilly Station. 

I have received x2 PCN (Parking Charge Notices) from UKCPS for alleged 'No Stopping' in a controlled area at Gateway House, Manchester Piccadilly. I have appealed both counts due to inappropriate signage on the site and that it would be required to stop the vehicle to read, understand and accept any terms that would be applicable. I also contested that I was not the driver and refused to give them details of the driver (who is a blue badge holder). As we did not see signs, nor were any double red lines or road surface markings indicating where any potential controlled areas would be, we had no reason to believe we were in any breach of contract. 

As part of my appeal, I requested that they furnish me with Terms and conditions which were not supplied. However, through dealing with Moorside Legal who have issued a Letter of Claim to me, I now understand they deem small repeater signs (which we did not see) as their Terms and Conditions - as per their response, they define T&Cs as (i.e. the sign). Please note - I will be visiting the location later today to take photographs of the complete site in preparation to go to Court which will follow in due course. 

Both my appeals to UKCPS appeal responses were both were 'not upheld' as expected - as per above, I believe they did not provide me with Terms and Conditions. 

In both alleged instances lasted around 1 minute or less - one even allegedly lasted 30 seconds. My argument for the court will be that to accept any terms of the site would require a driver/vehicle to stop and turn around - therefore, by merit of refusing any terms of the use of site, you would automatically be in breach of contract by definition or otherwise it would cause a safety problem for the driver. 

I reviewed the UKCPS appeal process and I was given the option to go to IAS (Independent Appeals Service) however, on closer review, it seemed that they had close business association and that it would be unlikely I would be successful at this stage of appeal. So on balance of the value of the PCN vs going to court to contest the case, I had very little incentive to become legally bound through any additional appeals. 

Furthermore, when dealing with Trace (Debt Collection Agency) - I specifically told them in writing that they were not allowed to use my personal information to contact me (such as telephone numbers, emails, visiting me at my home or place of work)... however, when Moorside Legal took on my case, they contacted my work mobile number which transferred the call to my Business Webex and my MD received the call which caused me unbelievable embarrassment. I have complained to Moorside Legal that they breached Section 40 of the Administration of Justice Act 1970 however, this was also not upheld as they believe that instruction was never sent to Trace - but I have it in writing to them clearly instructing them they could not use this number.

What are my next steps - do I counter claim and get legal representation.. Do I need to respond to the Letter of Claim? ... Or ignore it and wait for a Court Summons?

Thanks all

Gr1pr

You definitely WON'T receive a summons, its not a criminal matter 

I doubt that you have any legal grounds for a counter claim 

Follow the advice in the newbies sticky thread in announcements, plus read yesterday's thread about the same place, same parking company, same lawyers 

https://forums.moneysavingexpert.com/discussion/6565865/moorside-legal-letter-of-claim?utm_source=community-search&utm_medium=organic-search&utm_term=gateway+house+Piccadilly+

In that linked thread I predicted an avalanche of these claims to arrive from now on, they will have thousands of unpaid PCNs 

You respond, with the details in the second post in the newbies sticky thread in announcements 

Grizebeck

No you don't need need a solicitor
What would you counter claim for
It's all in the newbies

Half_way

jopson vs homeguard may be of use here, as could the signage, if its forbidding ie no stopping as they can not offer a contract for something that is not allowed 

Coupon-mad

do I counter claim
No.

and get legal representation.
No.

Do I need to respond to the Letter of Claim?
Yes: use the template LBC response.

Or ignore it and wait for a Court Summons?
Yes (but you won't get a summons)!  Read other Moorside UKCPS threads. Search the forum.

Please show us:

Your IAS appeal.

The joke IAS 'decision'.

Agentsmith162

Thanks all - I didn't go to IAS as I thought that was a waste of time. 

Should I do a non-standard appeal with them?

Agentsmith162

Also - is there a link for the LBC response?

I am happy to show the Letter of Claim if this would be helpful. 

Regarding a counter claim - they called me at work. Wouldn't this be harassment? 

Gr1pr

You cannot appeal, much too late for any appeal, just email the LoC template response to Moorside, nothing else ( or ignore it. ) 

The newbies sticky thread in announcements by coupon mad, third thread from the top is what you should be reading, especially post 2 in there about LoC and court  ( no links, find it and read it several times. )

Harassment is a very high bar to prove, with good evidence required, you are wasting your time and money if you expect to get anywhere with it 

Concentrate on fighting UKCPS, not sideshows 

Coupon-mad

Agentsmith162 said:

Thanks all - I didn't go to IAS as I thought that was a waste of time. 

Should I do a non-standard appeal with them?

Eeeeeek NONONONO!

  

Just read the NEWBIES thread please.  You don't need another link back to page one.  You have two links back on this page.

Agentsmith162

I have searched high and low for the LOC response template - there seems to be a few out there. 

Not so great at these forums!

Gr1pr

Top of the forum, third thread down, in the Newbies sticky thread by coupon mad, scroll down to the second post