SABA Railway Byelaws PN turned into PCN after being handed to Moorside Legal

airmemo

Just got a response from them and, to be honest, I am completely flabbergasted. They seem to totally disregard my point and insist I received a Parking Charge Notice.

Dear XXX,

We write further to your recent email.

This Parking Charge Notice relates to a contravention at MILTON KEYNES CENTRAL MAIN for "FAILING TO OBTAIN A VALID TICKET OR CASHLESS PARKING SESSION" on 14-Sep-24.

The terms and conditions were clearly displayed in and around our client's private premises. When remaining on the premises, all motorists must choose to abide by them. However, on this occasion you failed to do so.

We ask that you make the full payment of £170.00 within 7 days of receipt of this email.
You can make payment in the following ways:   
·   Contact us on 0330 828 5850 (our opening times are Monday- Friday 9:00- 17:00);
·   Register online at www.moorsidelegal.co.uk;  
·   Customer Portal - Quick Pay (moorsidelegal.co.uk)
If you fail to make full payment or set up a payment plan, we may be instructed to issue a County Court Claim against you. 
You may wish to seek legal independent advice.

Yours sincerely
Moorside Legal

So. What now? Should I challenge them to provide me a copy of this non-existent Parking Charge Notice? Should I email them a copy of my PN and challenge them to quote the paragraph where it says it can be prosecuted by a County Court?

ChirpyChicken

Go back to them and say

__
Thank you however this is a penalty notice as you have been previously advised and not a parking charge notice. Please see the attached document.

As previously advised jurisdiction will be contested and costs sought against your client as you seem incapable of understanding the issues at hand here 
It should not be beyond Moorside legal to understand the county court has no jurisdiction in this matter.  I look forward to your explanation as to otherwise
---


It will do no harm to include the penalty notice.

Then just await any court claim. Their levels of incompetence should surprise no one.

airmemo

ChirpyChicken said:

Go back to them and say

__
Thank you however this is a penalty notice as you have been previously advised and not a parking charge notice. Please see the attached document.

Sorry to ask, but what document should I attach if you then say:

It will do harm to include the penalty notice.

ChirpyChicken

Sorry iairmemo said:

ChirpyChicken said:

Go back to them and say

__
Thank you however this is a penalty notice as you have been previously advised and not a parking charge notice. Please see the attached document.

Sorry to ask, but what document should I attach if you then say:

It will do harm to include the penalty notice.

my fault for typing on the phone whilst putting shoulder of mutton in the oven!!!, 
should have said no harm

airmemo

Coupon-mad said:

Please can we see the PN?

I guess you found it already

Do you think they'll come back with a county court claim?

ChirpyChicken

airmemo said:

Coupon-mad said:

Please can we see the PN?

I guess you found it already

Do you think they'll come back with a county court claim?

a good chance yes but it doesnt matter since you have been advised how to deal with it already

Coupon-mad

airmemo said:

Hi,

Around end of September I've received a Penalty Notice from SABA for a vehicle for which I'm the registered keeper.  Of course, they mention the usual Railway Byelaws breach, yada yada, same old. 

I appeal as the RK without saying who was driving but of course, as expected, nothing makes them cancel and there's no independent appeal offered. Now my focus is to wait for 6 months to pass (alleged offence was on 14/09/24).

I then move on with my life and the usual ZZPS threats starts coming into my letterbox. I ignore them all. Then I start receiving Moorside Legal letters. To my surprise, I would say, as I was expecting QDR. I kept ignoring them.

Then the other day (only about one month left before the PN becomes statute barred!) I receive a Letter of Claim from Moorside, where they basically shot themselves in the foot by stating that I owe £170 due to one or more unpaid Parking Charge Notice. They say I have until 19/03/25 to send them a reply (30 days from Feb 17th), and the 6 months for my PN expire on March 14th.

Now. They basically want me to fill a form where I declare if I owe the debt or if I don't, and to explain my reasons. 

The fact that they have misrepresented my PN (only enforceable through a Magistrates Court) into a PCN seems like a golden opportunity to have everything cancelled as they can't possibly change a PN into a PCN, but what would be the best way to do so?

 I'll only upload the original PN and the first page of the Letter of Claim.

Oh I missed the PN in your first post as it was attached to the Moorside LBC. I've added a gap to show them both. 

airmemo said:

Just got a response from them and, to be honest, I am completely flabbergasted. They seem to totally disregard my point and insist I received a Parking Charge Notice.

Dear XXX, 

We write further to your recent email.

This Parking Charge Notice relates to a contravention at MILTON KEYNES CENTRAL MAIN for "FAILING TO OBTAIN A VALID TICKET OR CASHLESS PARKING SESSION" on 14-Sep-24.

The terms and conditions were clearly displayed in and around our client's private premises. When remaining on the premises, all motorists must choose to abide by them. However, on this occasion you failed to do so.

We ask that you make the full payment of £170.00 within 7 days of receipt of this email.
You can make payment in the following ways:   
·   Contact us on 0330 828 5850 (our opening times are Monday- Friday 9:00- 17:00); 
·   Register online at www.moorsidelegal.co.uk;  
·   Customer Portal - Quick Pay (moorsidelegal.co.uk) 
If you fail to make full payment or set up a payment plan, we may be instructed to issue a County Court Claim against you.  
You may wish to seek legal independent advice.

Yours sincerely
Moorside Legal 

So. What now? Should I challenge them to provide me a copy of this non-existent Parking Charge Notice? Should I email them a copy of my PN and challenge them to quote the paragraph where it says it can be prosecuted by a County Court?

Scam, innit?!

Moorside are completely misrepresenting the byelaws PN as if it was a contract law PCN, but it is statute-barred!

ChirpyChicken

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part11

This is what is you need to do if you get a court claim.

kryten3000

This is the same Moorside that claims the current Single Code of Practice is "Government Approved".

Lies.

Coupon-mad

kryten3000 said:

This is the same Moorside that claims the current Single Code of Practice is "Government Approved".

Lies.

Yep. I saw your email and want the Government to see that too. Please post that email here and this thread can be used as evidence.