Claim Form from Moorside Legal Services Ltd in the Civil National Business Centre

Nos4ra2

Hi everyone,

I really need your help please ...this has been so stressful .... I appreciate all the time and effort you all put into getting back at these scumbags.

I have tried reading through the various Forum posts and the Newbie threads over the past months and I have been able to make sense out of some of it. Most is still over my head.

For context:

I have ignored every communication/threat  from UKPS and then the so called Debt Collectors and I am finally at the Claim Form stage. It has frayed my nerves getting to this stage but i would not let those scammers get the better of me.

I know that I now have to submit an AoS with MCOL before the 5 + 14 day of the Issue Date on the Claim requesting an extension.

I have attached the redacted Claim Form, have they missed anything out that would be useful in having the Claim thrown out ?

What I am not clear on is, 

 

    1. Do I have to still email the Solicitor?  If so does anyone know if help@moorsidelegal.co.uk 

   

    2. The proposed court "Northampton" is very far away, should I ask for a local court ?

       I read the advice to ignore the court location, my concern is if they do take me to court, it would be a struggle to get there.

    3. When trying to write my defense ... I will be defending as Keeper of the Vehicle i assume ?

     
The unnamed driver of the vehicle stopped very briefly in a parking spot they used several times in the past, to ask for assistance from Halfords for an issue with car. The driver did not notice any signage and on this occasion was issued a PCN by UKPS for an alleged parking violation.

After receiving the PCN as Keeper of the Vehicle, I researched the PCN having read of the Parking Scam operators intimidating people into paying them and the impending change in legislation to ban such practices.

I followed the necessary advice on this forum and contacted the Retailer, no luck there. I went back a while later to get evidence of the signage and it seems that there was now more in place. They may have put up more, I genuinely do not know, I guess that now that i am aware what i was looking for i would see them, they were never noticed previously.

Would a standard Defense as Keeper of the Vehicle suffice given that i dont really have evidence ?

Nos4ra2

Claim Form from UKPS LTD

[Image removed by Forum Team]

KeithP

Hello and welcome.

You'll never need to go to Northampton. That's just the location of an administrative centre. You'll get to choose your local court later in the process.

You've left the claim number clearly visible on that image. That uniquely identifies your case.

With a Claim Issue Date of 17th February, you have until Monday 10th March 2025 to file an Acknowledgment of Service('AOS'), but there is nothing to be gained by delaying it. 

To file an AOS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AOS in a timely manner, you have until 4pm on Monday 24th March 2025 to file a Defence.

That's over three 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 again at the second post on the NEWBIES thread - immediately following where you found the AOS guidance.

Don't miss the deadline for filing an AOS, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an AOS 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.

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

Nowhere in those Particulars is there any explanation of what the driver is alleged to have done wrong.
This will be an easy win.

Nos4ra2

Thank you so much KeithP.  

Finally some relief having read your response. Thank you !  

* For anyone who may come across this Post ... For Future Reference is it advised to redact the Claim No. as well ?

Gr1pr

Correct,  it is, no personal information or private details 

Study recent Moorside Legal cases on here,  from this year only,  see what they wrote in their half a dozen paragraphs,  adapt and paste below 

Eventually you will be using the rest of the template defence replacing the paragraphs and adding in your draft,  renumbering to suit 

Your local civil court will be chosen by you in a couple of months,  at the DQ stage,  although this case may not even get to that court,  or any court 

You dont email anyone at the moment,  but you will email your defence as keeper with it attached to the claim responses email at the CNBC before the 33 day deadline,  it's a civil service office in Northampton,  not a court,  that location has a court,  but a completely different address 

Coupon-mad

The Template Defence thread gives you the alternative starting paragraphs for a Moorside Legal claim.

Nos4ra2

Hi everyone,

Due to my own ineptitude and fighting fires on all fronts, I saved the cut off date incorreclty on my reminder, and now i am here the night before the defense is due. Fortunately I still have until 4pm tomorrow 24 March to submit my defense and I have read and reread the threads numerous times so wouldnt have to take much of your time.

I have already drafted the Defense as per the Template.

I followed the advise using the new response -  Preliminary matter: The claim should be struck out 

Other than amending the cost to £160 and the Date of the alleged issue date to 20/072023, everything is as per the template.

My response to the POC pictured below, No.6 of the template is as follows,

Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 20/07/2023" (the date of the alleged visit).  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms. The quantum is hugely exaggerated (no PCN can be £160 on private land) and there were no damages incurred whatsoever. Whilst the Defendant did not see any prominent signs when visiting the location - and to this day, still does not know from the postal 'PCN' nor from reading the woefully inadequate POC what term is supposed to have been breached - it is known that this is not a pay & display car park. Further, this Claimant's standard signage does not quantify any added costs/damages so no monies are due under any agreed/known contract. The Claimant is put to strict proof of all of their allegations in the event that the allocating Judge does not strike out the claim pursuant to the above two authorities. 


* I am not sure if i should include the line shown above in bold  ? ... "Further, this Claimant's standard signage does not quantify any added costs/damages so no monies are due under any agreed/known contract."

This is a link to the signage at Halfords ...  https://us-noi.v-cdn.net/6031891/uploads/editor/hg/os0f92aejjsd.jpg


* In your learned opinion, is the above response adequate for the POC ?






I truly appreciate all the selfless work that so many put into helping others.  Thanks Again !

Coupon-mad

Nos4ra2 said:

Claim Form from UKPS LTD

[Image removed by Forum Team]

Please show this again (data redacted fully this time) but your defence looks fine.

1505grandad

Just checking  -  you have included in your Defence the Chan and Akande cases paras?

Le_Kirk

For help on Chan & Akande, go here: -
15 August 2024 at 9:33AM <<<<LINK

Nos4ra2

Hi Everyone, 

Coupon-mad : I've attached a copy of the original claim as requested.
1505grandad : I have included it, Paragraphs 3 & 4, with the link inbetween. See pic below.