Moorside Legal - Letter of Claim - None Specific answers to Template Email

RandomGuy2024

Hi,
Read the newbie post, thanks to Coupon-Mad for collating everything and keeping it up to date.

I had a Letter of Claim from Moorside Legal on behalf of NCP and emailed them the amended template (19th October), they replied on the 19th November with the below.

I see it says "If the reply doesn't get the email doesn't get the claim dismissed at this stage you'll probably get a court claim, etc" 

Does this mean that the contents of their reply do not really matter? Should it be kept as evidence or should the questions be put back to them?
I don't think their reply provided "specific answers"

"Our client: National Car Parks Limited

We write in response to your email below.

Our answers to your questions are as follows:

The additional charge which has been levied on your Parking Charge of £70 is the amount set out in both the British Parking Association and International Parking Community Codes of Practice as the amount which may be added to a Parking Charge when a Parking Charge remains unpaid and when further recovery is required. Our Client is a member of the British Parking Association which is a government approved Accredited Trade Association (ATA) for Private Parking. Our Client adheres to the ATA’s Code of Practice. The £70 does not represent the cost of recovery but is a reasonable amount in relation to the Parking Charge amount, in order to encourage early payment of the Parking Charge without the need for debt recovery. It is a fair amount set by our Client’s government-approved Accredited Trade Association Code of Practice. There are however also costs incurred by our client in relation to debt recovery services.

By entering and parking the vehicle on our client's private land, you agreed to enter into a contract with our client and to be bound by the terms and conditions of that contract. The terms and conditions were clearly displayed at the entrance and in prominent places within the car park. Due to your failure to comply with the terms and conditions, our client has issued the PCN therefore if we are instructed to issue a claim the reason would be for Unpaid parking charges/ breach of contract.

We have noted on your account you are seeking debt advice and have placed the matter on hold for 30-days. If you fail to make payment after the 30-day period has lapsed, we may be instructed to issue a County Court Claim against you. "

Thanks,

RandomGuy2024

Gr1pr

Doesn't really matter, its part of the game, like returning a tennis ball after the serve 

File it, but report them to HMRC for possible Vat issues regarding the added debt collection charge, same as everyone else receiving the reply does at the LoC stage 

Then start preparing for a court claim 

Coupon-mad

I will show that reply to the Government, thanks.  In very recent years, the industry has noticeably TOTALLY reinvented what the added £70 is representing, and that reply is typical.

So it's not actually the cost of debt recovery then. Even though they told the Select Committee that it is.

They just don't want to pay for the service nor pay any VAT, do they?!

Grizebeck

They have dropped their sarky replies I see.

RandomGuy2024

Thanks for the replies.
Filed away and now waiting for the next stage

Nellymoser

Grizebeck said:

They have dropped their sarky replies I see.

And dropped voicing their opinion that defendants getting help from Internet forums is 'unreasonable behaviour'.
Perhaps they've read their recent Trustpilot reviews and taken note of the 1star review comments.

RandomGuy2024

At the Court Claim stage now, does the below seem acceptable to add for my paragraph 6?

·        Particulars of Claim

o   Point 1: Address of Car Park is incorrect, it cannot be in the City of Salford and in the City of Manchester

o   Point 2: The Parking Charge Notice cannot be issued on the same day as the Parking Charge as the driver is given up to 72hours after parking to pay.

The parking took place on 01/03/2024 therefore the Parking Charge could not be issued until at least 03/03/2024

o   Point 3: Breach of the Terms on NCP Signs - Signage provided by NCP is incorrect and not representative of signage in the Car Park

o   Point 4: NCP Terms & Conditions do not state payment of a Parking Charge Notice is required within 28days

·        Claimant’s Evidence Checklist (see NCP – Evidence Checklist.pdf), provides pictures of signage from Pg.13 – Pg.18. These pictures are incorrect and are not representative of what is actually visible on site.

o   Pg.13 – Car Park Name sign - shows the name of the car park from the right hand lane, driving into the car park in the left hand lane, the name is not visible. (see picture 1)

o   Pg.14 – Terms & Conditions sign – Isn’t readable in their own Evidence Checklist and is not the Terms & Conditions on site (see picture 2)

o   Pg.15 – Ticketless Car Park sign – Is not the actual sign on site (see picture 3)

o   Pg.16 – Ticketless Car Park sign – is hidden behind another sign (see picture 4)

o   Pg.17 – ANPR sign – Is pinned on the left hand side opposite 2 more signs expecting you to read all whilst driving through tight bollards (see picture 5)

·        Claimant’s Evidence Checklist (see NCP – Evidence Checklist.pdf) Pg.3 states "The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you.” – It is impossible to carefully read the Terms & Conditions provided by the Claimant within the grace period (see picture 2)

·        Claimant’s Evidence Checklist (see NCP – Evidence Checklist.pdf) Pg.3 states multiple inaccuracies:

o   “The amount being claimed is justified given the running costs of managing our parking operation” – If this was indeed true, every car parking at full cost £24.95 would be an approximate 300% loss

o   Clause 5 - Paragraph 5d “you pay all amounts due for your parking and comply with the requirements set out at clause 10 (Ticket Types and Payment Methods) of these Terms. For the avoidance of doubt, if you choose to pay the parking tariff by using the “Pay By Mobile” service, the payment must be made at the time of parking your vehicle in the Car Park and in any event, before you leave your vehicle in the Car Park.”

This is incorrect, Clause 5 – Paragraph 5d actually states “if you are a permit folder, you must display a valid permit at all times within the front windscreen ensuring that all details are visible”

o   Clause 10 – Paragraph 10a “you must purchase a parking ticket from the ticket machines at the Car Park either with cash or a credit/debit card, before leaving your vehicle and ensure that the parking ticket is clearly displayed in the windscreen of your vehicle."

This is incorrect, Clause 10 – Paragraph 10a actually states “Pay & Display - you must purchase a parking ticket for the amount of time for which you would like to park from the ticket machines at the Car Park a credit/debit card, and”

 

·        Car Park Location Code which is required to book parking via the NCP App is not visible in the Car Park.

o   App specifically states “Attention: Please check location number above matches location number in the car park you are in” (see picture 6)

·        NCP Terms & Conditions, under section 10. Tickets and Payment Methods, subsection f states payment by AutoPay is accepted.

o   AutoPay has been in “Maintenance” since 6th November 2023 with a temporary A frame sign (see picture 7) adding even more signage to the entry of the car park (see NCP – Important AutoPay Update.pdf)

·        Accessibility – Push buttons for operating automatic doors are broken on every floor (see Video 1, Video 2, Video 3 for examples).

o   This is contravention of the Disability Discrimination Act (DDA) and the Equality Act 2010

·        I believe there are two possible reasons for payment not being processed and I thinking it had.

o   Whilst paying via the NCP App, I have had to put my phone away to be able to open the heavy doors because the Push Button for the Automated Door is broken

o   Whilst paying I have entered the lift and it has timed out whilst payment is processing and I haven’t seen it

Thanks,

RandomGuy2024

Gr1pr

Post a redacted picture of the POC on the lower left of the claim form after hiding the VRM details,  and post the issue date too

Far too much detail,  plus a defence is written in the third person,  no I etc

Coupon-mad

In a defence you don't attach anything so no referring to a checklist from appeal stage: "Claimant’s Evidence Checklist (see NCP – Evidence Checklist.pdf) "

And none of this is relevant:

  Accessibility – Push buttons for operating automatic doors are broken on every floor (see Video 1, Video 2, Video 3 for examples).
o   This is contravention of the Disability Discrimination Act (DDA) and the Equality Act 2010
·        I believe there are two possible reasons for payment not being processed and I thinking it had.
o   Whilst paying via the NCP App, I have had to put my phone away to be able to open the heavy doors because the Push Button for the Automated Door is broken

o   Whilst paying I have entered the lift and it has timed out whilst payment is processing and I haven’t seen it

No. You don't make admissions or suggestions of fault by you.

Why are you admitting to driving? Did you already admit to being the driver earlier I guess, so you're stuck with that?

Show us the POC.

RandomGuy2024

Gr1pr said:

Post a redacted picture of the POC on the lower left of the claim form after hiding the VRM details,  and post the issue date too

Far too much detail,  plus a defence is written in the third person,  no I etc

Issue Date was the 28th March 2025

RandomGuy2024

Removed references to attachments.
Removed Accessibility and reasons why payment wasn't made.

Looking back at the NCP - Evidence Checklist, I said I was the keeper.