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! 

FluffySocks25

Hi All, I hope everyone is well. Just wanted to give an update, I am due at court soon. Will give you the outcome as soon as the hearing is over. Not received any letters or notifications since May. Any advice on what to expect would be helpful. Any do's and don't too.

Gr1pr

Read the feedback in concluded cases on here over the last 18 months or so, assuming they dont email an N279 discontinuations document in your inbox or spam folders in the meantime 

Study the advice by coupon mad and others on your preparations etc, dress code, what to call people, dont be late

Take copies of paperwork etc with you 

Don't speak to their rep about the case whilst waiting outside the actual courtroom,  politely decline 

Ensure that your WS  plus Exhibits bundle has been submitted to Moorside Legal and to the hearing court by the deadline on your court order 

Check with your court if the hearing fee was paid or not, after it's deadline too

Le_Kirk

Get there early to allow time to go through their security procedure and toilet break, take some water.  Know your defence, witness statement and evidence well and have fixed in your mind which points you want to make to the judge (if you get the chance) particularly which defence/WS paragraphs relate to which pages of evidence.

ChirpyChicken

Which court?

FluffySocks25

Romford County Court @ChirpyChicken. Thank you for the advice @Le_Kirk. Moorside have asked for the case to be heard without them as it costs £200 to send someone. Not sure if it was granted or not. So it will only be me present I believe.

Gr1pr

FluffySocks25 said:

Romford County Court @ChirpyChicken. Thank you for the advice @Le_Kirk. Moorside have asked for the case to be heard without them as it costs £200 to send someone. Not sure if it was granted or not. So it will only be me present I believe.

Not necessarily 

We agree with the statement that Moorside Legal wont be attending,  but that doesn't mean that the claimant wont be tasking an advocate to turn up, so assume that an advocate WILL attend,  until you are there and know that there is or isnt one present 

The legal companies that prepare the case never or rarely turn up, but many jobbing advocates do attend,  or the claimant in some cases

FluffySocks25

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