MOTO Toddington: PCN & Potential CCJ due to breakdown

orangesun

Hello all,

A money claim has come through by GroupNexus after being hounded by DCBL for 'parking' at Moto Toddington Northbound back in March.

The red engine oil light came on somewhere around Junction 10 and due to roadworks, the only place I could pull off and stop was these services. I thought that was great, as I could also be with a cuppa whilst waiting for AA!

The whole thing took around 2.5 hours, being on the phone to AA, then waiting for them to come out. They topped up the oil and said get it to a garage, so I limped it home to my dads garage. 

Didn't think it would be an issue, and had no idea you had to pay to be there?! This country has gone to the dogs. I have received a 'Claim Money' letter, they are seeking to recover £280 (£178 for the PCN, the rest for interest, legal and court fees). I have been on this board for hours (@coupon-mad and others, what a godsend) researching etc and put together my defence letter, after AoS on the gov site.

I'll post it below, what do folks think? I'm livid. First fight back and I'm winning this, no matter what. 

KeithP

What is the Issue Date on your Claim Form?

Can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

Who is the Claimant?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

1505grandad

Please use the template defence  (in sticky at top of forum)  -  depending on what PoC state. As requested in the template defence instructions only post the paras you have written/amended.

orangesun

Claimant is "CP PLUS LTD T/A GROUPNEXUS"

AoS submitted today 26/11/24
Claim issue date is 22/11/24 - I just received it today, from mail redirect (they have wrong address)

KeithP

orangesun said:

Claimant is "CP PLUS LTD T/A GROUPNEXUS"

AoS submitted today 26/11/24
Claim issue date is 22/11/24 - I just received it today, from mail redirect (they have wrong address)
   

Depending on what time today you filed an Acknowledgment of Service, your deadline for filing a Defence is either before or after Christmas.

To err on the safe side...

With a Claim Issue Date of 22nd November, and having filed an Acknowledgment of Service on 26th November, you have until 4pm on Wednesday 24th December 2024 to file a Defence.

That's four weeks away. Plenty of time to produce a Defence but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

You need to be aware that those Particulars of Claim are totally inadequate.

Particularly this bit...

So it is alleged that the driver 'breached the terms on the signs (the contract)'.

And that allegation is then repeated - 'Reason: Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms And Conditions'.

Nowhere in those Particulars is there any explanation of what the driver is alleged to have done wrong.

This will be an easy win.

Le_Kirk

When your status changes from NEWBIE to Forumite, please delete your defence, we don't need to see all the template. Then start again as guided by @keithp using the alternative @hharry100 defence and adding in CPMS v Akande, see my profile and look at my thread called Judgments Link. Then rewrite your paragraph #3 (which will now be pushed after Chan and Akande) keeping it brief and save the story and evidence for the witness statement. 

orangesun

Thanks guys, that is really good to know @KeithP ! It is so vague. I will delete the defence when status changes. I have also added the hharry100 defence, cut down my #3 so it's brief and followed it all with the template defence from the NEWBIE thread. Thanks @Le_Kirk

Also, I emailed MOTO, they have replied. Should I respond?

"I have been asked to look at your case by Tiina, in relation to a PCN that you received, following a visit to Moto on 14th March 2024.

GroupNexus / CP Plus manage the parking on all our Motorway Service Areas and help us to ensure that there is always sufficient parking provision, and for this reason Under General Data Protection Regulation (GDPR), we do not hold any information on the drivers, visits or vehicles that park on any of our services. Therefore, we cannot be involved in the appeals process as we do not have the relevant details to be able to do so.

However, with your permission, I can send your correspondence to GroupNexus, who will be able to investigate this matter and answer your concerns and respond to you accordingly. Please confirm if you would like me to arrange this."

Coupon-mad

But your paragraph 3 will in fact be paragraph 6 once you use the linked defence in the Template Defence para 3 and add an extra paragraph about Akande

orangesun

Yes exactly, I've added the linked template defence and an additional paragraph re Akande (followed with transcripts from @Le_Kirk), taking my para 3 to 6. I think I'm ready to go? 

I'm thinking to ignore the MOTO response.

Also, guess who got another letter from DCBL today *eye roll*. From an esso garage in 2021, just ridiculous. They must have got my address from my AoS.

Car1980

Personally, I'd put a paragraph about Frustration of Contract for breakdowns / heart attacks / loss of a leg.

Google it.

Coupon-mad

orangesun said:

Yes exactly, I've added the linked template defence and an additional paragraph re Akande (followed with transcripts from @Le_Kirk), taking my para 3 to 6. I think I'm ready to go? 

I'm thinking to ignore the MOTO response.

Also, guess who got another letter from DCBL today *eye roll*. From an esso garage in 2021, just ridiculous. They must have got my address from my AoS.

No, the cases are unrelated.

They have just done a soft trace with a CRA.