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

Agentsmith162

How does this look?

I refer to your letter of claim.

I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows, and any older address must be erased from your records:

ADDRESS

The alleged debt is disputed and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Please do not send your generic rubbish relating to this, instead I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional money requested totalling £340 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

I am the registered keeper, but I wasn't driving the car.  Kindly revert back to UKCPS with the following:

I have researched the PoFA 2012, which does not apply at Gateway House.  UKCPS must cancel and erase my data, as I am not the liable party and I decline their belated request to name the driver.

Had you and UKCPS bothered to actually post the 'ghost PCNs' x2 (original and as part of the SAR reply but which miraculously BOTH never arrived I'd have told you the above fact and you could have avoided this waste of time. Furthermore, you SAR still remains incomplete even though it was requested twice.

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 not 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.

I will rely upon the case of Simon Clay v Civil Enforcement Ltd and similar cases that have succeeded.  I will accept only a cancellation of the respective PCNs by way of settlement in this matter.

As 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). 

As you and your client are well aware, there is no keeper liability at Gateway House because the private service road is not ‘relevant land’ as defined in Schedule 4 to the Protection of Freedoms Act 2012. Therefore, your client cannot pursue me as keeper. 

 

Yours Sincerely,

Coupon-mad

Agentsmith162 said:

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!

There aren't a few. There's one.

It's where I said it is and doesn't involve searching. Two clicks! I even tell you what your link back to page one looks like...see below:

Agentsmith162

Coupon-mad said:

Agentsmith162 said:

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!

There aren't a few. There's one.

It's where I said it is and doesn't involve searching. Two clicks! I even tell you what your link back to page one looks like...see below:

Yeah I got my glasses on! I wasn't reading it properly, apologies for that and thank you

Agentsmith162

How does this look?

I refer to your letter of claim.

I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows, and any older address must be erased from your records:

ADDRESS

The alleged debt is disputed and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Please do not send your generic rubbish relating to this, instead I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional money requested totalling £340 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

I am the registered keeper, but I wasn't driving the car.  Kindly revert back to UKCPS with the following:

I have researched the PoFA 2012, which does not apply at Gateway House.  UKCPS must cancel and erase my data, as I am not the liable party and I decline their belated request to name the driver.

Had you and UKCPS bothered to actually post the 'ghost PCNs' x2 (original and as part of the SAR reply but which miraculously BOTH never arrived I'd have told you the above fact and you could have avoided this waste of time. Furthermore, you SAR still remains incomplete even though it was requested twice.

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 not 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.

I will rely upon the case of Simon Clay v Civil Enforcement Ltd and similar cases that have succeeded.  I will accept only a cancellation of the respective PCNs by way of settlement in this matter.

As 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). 

As you and your client are well aware, there is no keeper liability at Gateway House because the private service road is not ‘relevant land’ as defined in Schedule 4 to the Protection of Freedoms Act 2012. Therefore, your client cannot pursue me as keeper. 

 

Yours Sincerely,

Coupon-mad

This is not correct. Why have you changed it?  £340 isn't a multiple of £70 or £60 so cannot be the DRA fee element:

"Am I to understand that the additional money requested totalling £340"

Agentsmith162

I had x2 PCNs from UKCPS - both came to £100 each. Moorside Legal have added £140 on top of this and grouped the x2 PCNs. 

Should I query it as £140 for the two?

Gr1pr

Agentsmith162 said:

I had x2 PCNs from UKCPS - both came to £100 each. Moorside Legal have added £140 on top of this and grouped the x2 PCNs. 

Should I query it as £140 for the two?

Correct, its those added debt collector fees that amount to the figure, usually £70 a pop , sometimes less at £60 a pop

Agentsmith162

Brill thank you I will update

Would you make mention of the signage not being appropriate or leave that for the court?

Gr1pr

Leave it for the defence and witness statement 

Agentsmith162

Response sent - I will await the court papers with bated breath hah!