PCM / Moorside Legal are taking me to Small Claims Court

FluffySocks25

Thank you @gr1pr ... I will bare that in mind.

FluffySocks25

I WON!!!!!!!! Honestly, I am so happy I cannot even describe. I have to say THANK YOU to everyone on the forum who contributed to my case and helped me! I am so glad I came across this page. I was awarded cost of £99.50 which is the £95 for taking a day off work and + travel. 

I was the last case to be seen, so I was there from 9.30am till after 4pm. 

I was awarded based on the sign not matching where I was located. Although the Moorside Legal provided signs that was in the area they were not clear or legible in the evidence that they sent.

The Judge felt like the POC was sufficient and was satisfied with that but was not satisfied that the PCM/Moorside provided sufficient evidence of the signage that I supposedly breached. 

I was a bit nervous as he did mention something about me parking on private land regardless of me thinking I had permission, my heart was beating so fast!.

ALSO! VERY IMPORTANT... THEY DO SEND SOME @Gr1pr you were right! They write in the letter that they won't but they do. The person representing PCM said as soon as he saw I was there he knew I would win. They did ask me if I wanted to settle, even if I said £1, he would take it back to his client, but I didn't, as I strongly believed I had a case. He did say, most people win as long as you turn up and contest adequately, he said most people don't turn up or contest that's why they win. He said it was his job to try and settle and present like they are going to win!

My advice is, always turn up at the court even if they say to you / or the court that no one will represent the claimant! ALL LIES! It is very possible someone will be there!

But THANK YOU once again, honestly, from the bottom of my heart! THANK YOU!

ChirpyChicken

Well done
You were unlucky to be on a block listing 
And the rep was right in what he said. They are third party reps and pretty decent people to be fair. Ive met loads in my travels and 99% they are decent.
Glad its finished for you 

Gr1pr

Well done 

Moorside Legal said they wont turn up, and didn't 

The parking company may have indicated that they won't turn up, and didn't 

But they sneakily send a jobbing advocate to represent their side, as they did here

Yes it was private land,  not council etc, no problem with that, but they lost due to poor and inadequate signage on that private property  !

So again,  WELL DONE  !

kryten3000

Great news, well done for hitting them where it hurts - right in the wallet.

FluffySocks25

@ChirpyChicken the third party rep was actually really nice, which was helpful. As I was there for 7 hours, we did speak a few times. He attends court for different matters not just parking. He did try and do a bit of trickery to make me think he had a case, by saying he add additional evidence etc! So for anyone who sees this do not fall for the tricks. And Yes @Gr1pr he was from another law firm, can't remember the name. Moorside are based in Oldham so wouldn't travel to the court - (according to the third party).

Also, it wasn't about whether there was adequate signage in the area, there are over 40 signs in such a small area. 26 signs say 'NO PARKING AT ANY TIME', and the remaining 14 have three different types of wording. In total the 40 signs have 4 different types of wording (I didn't know this till yesterday).

The attendant took a picture of wording from another area and attached it to my PCN. Moorside then when providing a picture of the signs in their evidence it was not legible for the Judge to read to see the wording of the sign of where I was actually parked. He looked up the area on google maps to see the area and match to where I was parked and the map of the signs Moorside provided and it was wrong. It was dismissed based on this. I am not sure if they had provided clear signs in their evidence for the judge whether it would have gone the other way. 

Lastly, make sure your W/S has enough detail, I was unable to go through my W/S and just mentioned the most important issue which was the 'Contract' they say I entered does not match where I was parked and I used their evidence, the images they provided to prove this.

Anyway, its OVER WITH

As I know you guys say...ANOTHER ONE BITES THE DUST!!!! Been looking forward to saying that! Hopefully they pay me my money! Ha!

Apologies for the essay! THANK YOU, THANK YOU... THANK YOU to this forum!

Gr1pr

I thought Moorside Legal were in Bradford   ?

Well done

FluffySocks25

@Gr1pr , the address online. I think this is where the third party was referring to.