Pursued by Moorside Legal

shockedandappalled

I would value advice on my case with Moorside. This is the latest correspondence received from Moorside….

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 International Parking Community 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.

The circumstances are this: I visited my son in Nottingham in April. He lives in a purpose built apartment block which has a car park accessible by coded entry. He does not own a car but he obtained the code from a neighbour and I used the car park. Two points: there are no signs either outside or inside the parking area and I had used the parking facility on previous occasions without a problem. After receiving the PCN  I asked my son to have a good look around the car park and entry, had I missed the signage. He says not, no signage, and, of course, he can submit a witness statement. 

I ignored all correspondence from Moorside, and UKCPS, and Trace, until I received the letter of claim from Moorside which I replied to by email.
I would be very appreciative of an assessment of my standing on this and how I might now best proceed.

Gr1pr

Wait for the court claim to arrive in the post,  probably next month 

Coupon-mad

You'll need evidence pics of no signs.

shockedandappalled

The court papers have arrived, belatedly, and I have until 11/08 to respond.

particulars of claim state ‘the vehicle was parked in breach of the terms on Defendant’s signs’ but there were no signs. The parking area is within a residential complex of which my son Tom was then a resident and I had parked there on previous occasions without incurring a PCN. I asked him to double check for me and he confirmed there were no signs indicating penalties applied. Not only had I parked there previously but the car park itself, spaces for 20 to 30 cars, was almost always completely empty or at most a couple of cars. Unfortunately I didn’t ask Tom to take pictures and he has subsequently moved to Manchester.

the claim also states ‘the driver agreed to pay within 28 days but did not’. Wrong, never said I would pay. I ignored the correspondence other than to admit ownership.

I see I can request additional 14 days to respond and I want to do that. I have also registered with Mobey Claim online.

I confess that as an ageing pensioner I am more anxious about about this than I would have been a few years ago and I will be grateful for the advices I can see this forum has consistently provided. 

Thank you.

I posted initially under shockedandappalled but was unable to log in again using that username.

shockedandappalled

I forgot to include a question I wanted to raise. I have read that Mike Marks is CEO of the BPA and UKCP is member of the BPA. He is also CEO of Trace and Moorside Legal. Can I make something of that, legally? To my mind it is clearly indicative of a planned programme to bully, coerce and extract money from people, many of whom would pay up because they are intimidated and do not want the conflict.

Coupon-mad

He's President of the BPA and a Director of APN Group, so yes there is a conflict of interests. Totally agree about the modus operandi being to bully and coerce.

Show us the claim form with the same 4 things redacted as you see in other Moorside claim threads.

Read a good half dozen on the forum right now (no need to search). They all use the Chan and Akande cases in their para 3 and you can copy!

shockedandappalled

Thank you for that, do you think I should include reference to Marrs in my defence?

I have completed the Ack of Service online this afternoon.

chan & Akande, I need to know more details and does it apply to my case? Is there a specific thread you know that I can refer to?

here is the Claim form….

[Image removed by Forum Team]

Gr1pr

Post the Issue date from the top right of the claim form below 

shockedandappalled

By the way, have you seen this…

ChirpyChicken

I love how they have changed from debt recovery to debt resolution.

Coupon-mad

If you read cases like yours you'll see (of course) Chan & Akande apply to Moorside POC. This is standard stuff you can copy.