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

Coupon-mad

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

Lies.

This is the text of the email received from Moorside in response to the "template" LBC reply.  I have amended that slightly to add a line which explicitly points out that their £70 attracts VAT under the VATFIN3255 rule.

This particular motorist did not receive any Notice to Keeper because they moved soon after the parking event.

Note how Moorside try to make that the motorist's problem and then state that the keeper had the opportunity to name the driver within 28 days, which is impossible if the notice was not received.

And as usual they say "you agreed to enter into a contract" despite the keeper not having named the driver.

Dear <Redacted>

Our reference: <Redacted

Our client: <Redacted>

We write further to your recent email.

All documents were deemed served by our client. If you failed to receive any correspondence this may be an issue you must raise with your local postal courier. Our client is not at fault for this.

You were given the opportunity to nominate a driver within 28 days of when this Parking Charge Notice was initially issued. As the registered keeper of this vehicle, the responsibility of this PCN now lies with yourself.

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 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.

We have noted on your account you are seeking debt advice and have placed the matter on hold for 30-days. If you fail to make payment after the 30-day period has lapsed, we may be instructed to issue a County Court Claim against you. 

You may wish to seek independent legal advice. 

airmemo said:

Just got this email from Moorside:

"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.

You entered into a contractual agreement when parking on our client's private land where you agree to pay a Parking Charge Notice if you are parked in a manner that breaches the terms and conditions.

Please note that we will not be addressing any further correspondence related to disputes of the same nature, as we have already provided you with a response. However, should you wish to raise a new dispute, we will investigate the matter further and respond accordingly.

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"

They absolutely REFUSE to address any of the points I made and keep being threatening. Unbelievable stuff, it's like talking to a brick wall.

ChirpyChicken said:

they are ignoring the point as they know you are right

Forward your email to 

Ibrar.Ahmed@moorsidelegal.co.uk and ask him how thinks a Penalty  (magistrates issue) notice with a time limit of 6 months can morph into a PCN.  Ask him for any case law

Ask him to seek legal advice if he doesn't understand as you will contest jurisdiction and apply for a costs order against their client if they proceed

you may not get a reply , just await for any court claim if you dont 

It's the sort of case where I would recommend using contestor legal and their associated solicitors (no fee service)
As they will be able to claim considerable costs as the application would be done off track so the small claims track cost rules won't apply. 
Not because of the case but the cost to the other side.

Agreed. This would be worth using the CL 'no win no fee' service to clobber any doomed claim to death & hit Moorside with high costs.

Another idea (immediately, now in an email forwarding this crap to him) is tell Ibrar that you will report him personally to the SRA.

That worked in another case with him, I seem to recall. EDIT: this one:

https://forums.moneysavingexpert.com/discussion/6550909/leaving-the-country-with-parking-ticket-unresolved/p1

Ibrar really doesn't want to be reported to the SRA, does he?

Bazarius

ChirpyChicken said:

@Bazarius

It's the sort of case where I would recommend using contestor legal and their associated solicitors (no fee service)
As they will be able to claim considerable costs as the application would be done off track so the small claims track cost rules won't apply. 
Not because of the case but the cost to the other side.

Precisely the reason why I suggested it . 

ChirpyChicken

Bazarius said:

ChirpyChicken said:

@Bazarius

It's the sort of case where I would recommend using contestor legal and their associated solicitors (no fee service)
As they will be able to claim considerable costs as the application would be done off track so the small claims track cost rules won't apply. 
Not because of the case but the cost to the other side.

Precisely the reason why I suggested it . 

It wouldn't surprise me even when warned they would still go ahead with a claim 

airmemo

Coupon-mad said:

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

Lies.

This is the text of the email received from Moorside in response to the "template" LBC reply.  I have amended that slightly to add a line which explicitly points out that their £70 attracts VAT under the VATFIN3255 rule.

This particular motorist did not receive any Notice to Keeper because they moved soon after the parking event.

Note how Moorside try to make that the motorist's problem and then state that the keeper had the opportunity to name the driver within 28 days, which is impossible if the notice was not received.

And as usual they say "you agreed to enter into a contract" despite the keeper not having named the driver.

Dear <Redacted>

Our reference: <Redacted

Our client: <Redacted>

We write further to your recent email.

All documents were deemed served by our client. If you failed to receive any correspondence this may be an issue you must raise with your local postal courier. Our client is not at fault for this.

You were given the opportunity to nominate a driver within 28 days of when this Parking Charge Notice was initially issued. As the registered keeper of this vehicle, the responsibility of this PCN now lies with yourself.

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 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.

We have noted on your account you are seeking debt advice and have placed the matter on hold for 30-days. If you fail to make payment after the 30-day period has lapsed, we may be instructed to issue a County Court Claim against you. 

You may wish to seek independent legal advice. 

airmemo said:

Just got this email from Moorside:

"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.

You entered into a contractual agreement when parking on our client's private land where you agree to pay a Parking Charge Notice if you are parked in a manner that breaches the terms and conditions.

Please note that we will not be addressing any further correspondence related to disputes of the same nature, as we have already provided you with a response. However, should you wish to raise a new dispute, we will investigate the matter further and respond accordingly.

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"

They absolutely REFUSE to address any of the points I made and keep being threatening. Unbelievable stuff, it's like talking to a brick wall.

ChirpyChicken said:

they are ignoring the point as they know you are right

Forward your email to 

Ibrar.Ahmed@moorsidelegal.co.uk and ask him how thinks a Penalty  (magistrates issue) notice with a time limit of 6 months can morph into a PCN.  Ask him for any case law

Ask him to seek legal advice if he doesn't understand as you will contest jurisdiction and apply for a costs order against their client if they proceed

you may not get a reply , just await for any court claim if you dont 

It's the sort of case where I would recommend using contestor legal and their associated solicitors (no fee service)
As they will be able to claim considerable costs as the application would be done off track so the small claims track cost rules won't apply. 
Not because of the case but the cost to the other side.

Agreed. This would be worth using the CL 'no win no fee' service to clobber any doomed claim to death & hit Moorside with high costs.

Another idea (immediately, now in an email forwarding this crap to him) is tell Ibrar that you will report him personally to the SRA.

That worked in another case with him, I seem to recall. EDIT: this one:

https://forums.moneysavingexpert.com/discussion/6550909/leaving-the-country-with-parking-ticket-unresolved/p1

Ibrar really doesn't want to be reported to the SRA, does he?

Sounds like his email is non existent now. Got the email rejected as the address doesn't exist anymore.

ChirpyChicken

Rebecca Horton-Grainger	08:17 (0 minutes ago)
to me

I am on maternity leave and this inbox is not being monitored.

If your email is for the attention of the Litigation Team, please resend it to litigationteam@moorsidelegal.co.uk or Ibrar.Ahmad@moorsidelegal.co.uk.

If you are a Client of Moorside, please resend your email to Andrew.Wilson@moorsidelegal.co.uk.

For anything else, please resend your email to help@moorsidelegal.co.uk.

Thank you

Rebecca



(she's a principal solicitor there- So looks like its still active - So copy and paste him in along with litigation team and Andrew Wilson - mark for his Ibrars attention and tell him in then email title "Reporting Ibrar Ahmad personally to the SRA"

- I may have typed out the email address wrong, but it is definitely still active 

Le_Kirk

You put Ahmed when it is Ahmad

ChirpyChicken

Le_Kirk said:

You put Ahmed when it is Ahmad

oops your right, the OP can resend it using the email addresses above

ChirpyChicken

Did he reply ?

airmemo

ChirpyChicken said:

Did he reply ?

Of course not.

ChirpyChicken

airmemo said:

ChirpyChicken said:

Did he reply ?

Of course not.

No surprise then, just wait and see what happens now