PCM / Moorside Legal are taking me to Small Claims Court

FluffySocks25

They also said that they affixed the ticket to my windscreen which they did not, this a blatant lie; further proved by the timing stated on this 'so called' windscreen ticket of 3.41pm. I would have already left the location by then. It is also 7 minutes after the initial photos of my car. The lies is crazy, they NEVER do windscreen ticketing and they have put a statement of fact at the end. Really annoyed at the nonsense they are pulling.

Coupon-mad

FluffySocks25 said:

just a heads up, I have received their witness statement, it came today.

They have said in the cover letter that the court should decide the outcome of the claim in the claimants absence in the interest of proportionality and to save on incurring cost, I believe they have stated that it would cost £200 for the claimant to attend.

They have provided a document which is called 'Authority to Operate' in the area. The company name is listed, but they are not the land owners they are the managing agent of the land. Is the 'Authority to Operate' still valid?. 

Also, they have provided again that I breached the T&C of 'No Parking in this area either wholly or partially at any time' but that was not the sign, wording or location of where I parked.

They have used a third party Paralegal, to do a the witness statement and it is clear they do not know there area as they would know where I parked does not correlate with the sign. They have also provided evidence that there are a number of different signs and wording around the square. Seems like there is 4 types, which can easily cause confusion. But the one I breached is noted above.

They have made reference to me using the forum in my defence. 

They made reference to an appeal that I made in March, which reads like I had received the initially letter from PCM and I was too ill to reply on time. I submitted my sicknote which is dated after the fact of the PCN which they have also supplied as evidence. However, I was referring to the the debt collection letter. In my Appeal, I have said I received a letter from PCM but it was PCM debt collection company, I did not recall the difference at the time. I went online to review the letter / images from PCM which the debt collection company told me too and that was what I was referring to. My Doctors letter is dated some weeks after the date of the PCM which further proves that I was referring to the debt collect letter. I have maintained that I had not received the initial letters PCM and also confirmed in other letters to the other legal firms dealing with this. There have been two legal firms involved in the process and a debt collection agency.

They have not provided evidence of the debt collection call where I mention the above and could hear I was ill. 

They have also shared some very private information about my health in their witness statement, I have not even shared it on mine. When sending my evidence of my ill health I told them I did not want this shared, I said I wanted the evidence destroyed after viewing, and they have now shared this as part of the WS. This is very disheartening, I can't even describe. Like how dare they as if they have the right to share this. And the way they have even formatted the information. 

They also said that they affixed the ticket to my windscreen which they did not, this a blatant lie; further proved by the timing stated on this 'so called' windscreen ticket of 3.41pm. I would have already left the location by then. It is also 7 minutes after the initial photos of my car. The lies is crazy, they NEVER do windscreen ticketing and they have put a statement of fact at the end. Really annoyed at the nonsense they are pulling.

That's pretty much everything you need to say at the hearing. All of the above.

FluffySocks25

Thank you @Coupon-mad, I wish the court date was sooner! 

Coupon-mad

FluffySocks25 said:

Thank you @Coupon-mad, I wish the court date was sooner! 

While it is quiet on your case (I guess?):

We hope you want to be part of the push to change things in future? It is very important that people like you tell the Government NOW that:

a) you have no faith in POPLA or the IAS and that there must be the SINGLE APPEALS SERVICE that the Parking (Code of Practice) Act 2019 promised. As long as it is impartial and fully independent (and only ONE appeals service, not two involved in a race to the bottom) that will give a safeguard to resolve disputed cases out of court.

b).  THAT THE ENRICHMENT OF 'DEBT RECOVERY FEES' MUST BE COMPLETELY BANNED. DISPUTED CASES ARE NOT SOLVED BY A THIRD PARTY DEMANDING MORE MONEY FOR A 'PAYMENT PLAN'.

c). Tell them about your case. Don't be deterred that some questions are for the industry only.

Responses are invited to the Consultation now:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

Do it this month or in August at the latest pleeease! We will discuss it on that thread.