Moorside Legal - NCP Limited - Letter of Claim - Advice

radioman1234

Good afternoon,

I've had a good read through these forums and I'm starting to get an idea of what to do in regards to the 'Letter of Claim' I've received from Moorside Legal regarding a parking charge notice from National Car Parks Limited, but I still feel a little confused on where to start with defending myself as I've now received a 'Letter of Claim' which I understand carries a bit more weight to it than the usual chase letters I've received before.

To lay down exactly what has happened so far -
I received a parking charge notice from NCP
I ignored all letters from them
I then began receiving letters from a debt recovery firm (can't remember the name just now but have the letters stored) which I further ignored
I am now being chased by MOORSIDE LEGAL for this outstanding parking charge which has now been escalated to £170.
I have now received a Letter of Claim from Moorside legal for this money threatening me with a County Court Claim and possible CCJ if I don't pay.]
So far I've never made contact with any of these firms about this matter to be clear

Where do I stand and what can I do?
I received this letter of claim on 30/12/24 if that makes any difference

I really appreciate any advice on what to do as a CCJ would be detrimental to me as I'm self-employed so getting a mortgage is already difficult enough.

Thank you very much!

Any further info required please let me know - I can attach a photo of the letter if need be? (there are 5 sheets of double sided paper including an information sheet and reply form.

Car1980

Wise to respond to a Letter Before Claim, if only to make them realise it wouldn't be a wise claim to make.

I'd email Moorside Legal and try to get them to do some work and produce the contract they rely upon:

I refer to your your letter of claim. The alleged debt is disputed and any court proceedings will be vigorously defended.

As you know, the Civil Procedure Rules 1998, Pre-Action Conduct and Protocols (Part 3), state:

3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to understand each other’s position, make decisions about how to proceed and support the efficient management of those proceedings.

Part 6 states:

Steps before issuing a claim at court

The parties should exchange correspondence and information to comply with the objectives in paragraph

3, bearing in mind that compliance should be proportionate. The steps will usually include —

(c) the parties disclosing key documents relevant to the issues in dispute.

You state “the vehicle was parked in contravention of the terms and conditions of parking outlined on the signage” (or whatever they said), thus confirming you believe your claim is based on a contract formed between the driver and NCP Ltd. Yet you fail to include a copy of the contract - a key document.

Therefore, as your letter is not sufficient to adhere to the PACPs, I require the following:

1. A copy of the contract (or contracts) between NCP Ltd. and the driver and relied on, in the form of photographs of all the signage (a brief text summation or template on file would be insufficient).

2. Set out the exact wording of the clause (or clauses) of the terms and conditions of the contract(s) which is (are) relied on.

The requirement to produce “the Contract” for a claim based on said contract is trite law and there is absolutely no reason for you not to comply in full with this email. Therefore I look forward to your response within 14 days.

radioman1234

Thanks for the quick response!

So essentially make contact with a copy of what you've commented in an email to them? 

radioman1234

This is the letter I've received

Gr1pr

Definitely respond by email to a Letter of Claim , no question , no ambiguity,  it's clearly stated in the newbies sticky thread in announcements,  2nd post 

As long as you follow the advice here you will not get a CCJ  , no worries on that front 

No need to fill in the forms either 

Coupon-mad

I would NOT ask for a copy of the contract or any info other than what the NEWBIES thread already tells you to put (see the standard LBC response.  Please don't show it to us!).

The reason is that you do not want more info at this stage.  You positively want the usual vague Particulars of claim next month, so that you can then respond with the usual Chan and Akande based defence.

Play it like a game of chess. We know the moves! Stick with the NEWBIES thread.