Letter of Claim - Moorside legal received

adi0604

Hello justice fighters,

I have referred to Newbie section 2 as suggest and have copied this reply. Letter of Claim do not have any contact email ID so I found this online and intend to email : Help@moorsidelegal.co.uk

Now help I need is below ok to send ? as I have changed London Gatwick airport to location PCN was issued and NCP to UK CPS. Also what happens next generally once I email this response? do Moorside still issue County Court Claim?


Dear Sirs,

Your ref: xxxxxxx

I am the registered keeper but I wasn't driving the car.  Kindly revert to UK CPS Ltd with the following:

I have researched the PoFA 2012, which I realise does not apply at Total Fitness Parking.  UK CPS must cancel and erase my data, as I am not the liable party and I decline their belated request to name the driver.

Had UK CPS bothered to actually post the 'ghost PCNs' x2 (original and reminder revealed in the SAR reply but which miraculously BOTH never arrived - or existed...?) I'd have told them the above fact and they could have avoided this waste of time threatogram model.

Put up or shut up.

If you persist in processing my data and in the event of filing a court claim, take note that I will file a Part 20 counterclaim for not less than £500.  This will be claimed as damages for distress arising as a result of clear breaches of the DPA 2018 and/or the Protection From Harassment Act 1997.

I will rely upon the case of Simon Clay v Civil Enforcement Ltd and similar cases that have succeeded.  Cancel the PCN and crawl back under your respective stones forthwith

Preferably tell your client from me to crack on with cleaning up their act to comply with the incoming statutory Code of Practice.  Groundbreaking improvements would include issuing future Notices of Parking Charge properly and engaging fairly, avoiding involving bulk litigators like you lot in this 'extorting money from motorists' model outed by the DLUHC as a market failure.

As for you: I suggest you stop obsessively reading parking forums (quoting influential MSE posters in your template WS is a constant source of amusement!) and go back to chasing shadows for phone contract and energy providers.

yours faithfully,

Gr1pr

LeKirk recently posted a couple of email addresses for Moorside Legal 

https://forums.moneysavingexpert.com/discussion/comment/81381802#Comment_81381802?utm_source=community-search&utm_medium=organic-search&utm_term=Moorside+Legal+email+address+

So you appear to have the correct address 

Yes you can expect a court claim pack from the CNBC in Northampton using MCOL in due course,  probably within the next couple of months 

adi0604

Gr1pr said:

LeKirk recently posted a couple of email addresses for Moorside Legal 

https://forums.moneysavingexpert.com/discussion/comment/81381802#Comment_81381802?utm_source=community-search&utm_medium=organic-search&utm_term=Moorside+Legal+email+address+

So you appear to have the correct address 

Yes you can expect a court claim pack from the CNBC in Northampton using MCOL in due course,  probably within the next couple of months 

Thanks, any point in responding to this letter if I expect the court claim anyways?

adi0604

The car park in question is Total Fitness car park which is free for members but they have issue PCN in 2022 claiming it was parked off marked parking bay. 

Gr1pr

I would, it's one email and at this point it could be considered to be unreasonable not to respond,  so why chance it, for a 2 minute email  ?  Legal proceedings follow a process 

adi0604

Gr1pr said:

I would, it's one email and at this point it could be considered to be unreasonable not to respond,  so why chance it, for a 2 minute email  ?  Legal proceedings follow a process 

Thanks, I am bit worried about Legal proceedings.

Gr1pr

adi0604 said:

Gr1pr said:

I would, it's one email and at this point it could be considered to be unreasonable not to respond,  so why chance it, for a 2 minute email  ?  Legal proceedings follow a process 

Thanks, I am bit worried about Legal proceedings.

Why, nothing to worry about,  apart from baseless fears due to incorrect assumptions 

adi0604

Gr1pr said:

adi0604 said:

Gr1pr said:

I would, it's one email and at this point it could be considered to be unreasonable not to respond,  so why chance it, for a 2 minute email  ?  Legal proceedings follow a process 

Thanks, I am bit worried about Legal proceedings.

Why, nothing to worry about,  apart from baseless fears due to incorrect assumptions 

You guys are pros dealing cases day in day out. Just for my peace of mind- when I receive Legal - do I again respond with email? I tried Newbie by there are few link and just like clarity please.

Coupon-mad

The clarity about what to do when you actually get the claim form is in the Template Defence thread.

Gr1pr

adi0604 said:

Gr1pr said:

adi0604 said:

Gr1pr said:

I would, it's one email and at this point it could be considered to be unreasonable not to respond,  so why chance it, for a 2 minute email  ?  Legal proceedings follow a process 

Thanks, I am bit worried about Legal proceedings.

Why, nothing to worry about,  apart from baseless fears due to incorrect assumptions 

You guys are pros dealing cases day in day out. Just for my peace of mind- when I receive Legal - do I again respond with email? I tried Newbie by there are few link and just like clarity please.

So just follow the advice from those people,  without questioning it, and keep studying the second post in the newbies sticky thread and the first 2 posts in the defence template thread,  plus study other recent cases on here too, whilst you still have time for research, to get up to speed on the topics 

Court has been a distinct possibility ever since the incident date that led to the private pcn being issued,  especially if you didn't follow plan A in the newbies thread  ( and failed to pay their demands )

adi0604

Coupon-mad said:

The clarity about what to do when you actually get the claim form is in the Template Defence thread.

Got this hopefully still ok to follow when I receive Legal:

THE FIRST 12 STEPS:

1. Print your Defence if you are physically signing it.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf, OR if you have no access to a scanner/printer then put an electronic signature in.
   
4. Send your signed & dated pdf as an email attachment to ClaimResponses.CNBC@justice.gov.uk (the second one in the image above) but you MUST get an acknowledgement straight back or it is NOT submitted.
5. Just put the claim number (check it very carefully) and the word Defence in the email title, and in the body of the email something like 'URGENT - CLAIM XXXXXXXX - Defence attached.
6. IMPORTANT - MAKE SURE YOU GET AN EMAIL ACKNOWLEDGEMENT BACK FROM THE CNBC!   After filing your Defence, there is more to do.
7. *****Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire and the usual intimidating template letter saying they 'intend to proceed'. Nothing of interest there. Just file it.  YOU MAY HAVE TO WAIT TWO MONTHS OR SO FOR THE NEXT STEP TO HAPPEN:***
8. Wait for your own Directions Questionnaire from the CNBC and then complete it as described in post #2 of the NEWBIES thread. All the DQ questions are there, except NOTE: IMPORTANT: early telephone Mediation is now compulsory in 2024. https://forums.moneysavingexpert.com/discussion/6529913/new-n180-form-mediation-appears-to-be-mandatory/p1?new=1
9. YOU MUST GIVE THE MEDIATOR 5 MINUTES OF YOUR TIME TO AVOID ADVERSE COSTS RISK -  see here:  https://forums.moneysavingexpert.com/discussion/comment/80935749/#Comment_80935749   And search the forum for Compulsory Mediation waste good day. Another example:   https://forums.moneysavingexpert.com/discussion/comment/81148195/#Comment_81148195
10. Except in cases where you have filed a counterclaim (which are allocated to your local court quicker and the CNBC is no longer involved) the completed DQ should be returned by email to the CCBC to this address:  DQ.CNBC@justice.gov.uk.       Cc a copy of your completed DQ to the Claimant (or their solicitor if they are using one).  Their postal address is on your Claim Form but you can find an email for them by searching this forum. 
11. DO NOT USE RECORDED (OR SPECIAL) DELIVERY FOR ANYTHING TO A PARKING FIRM OR THEIR SOLICITOR.   DO NOT EXPECT ROGUE FIRMS TO SIGN FOR YOUR LETTERS.  IF THEY DON'T, ALL YOU HAVE IS PROOF OF NON-DELIVERY, WHICH IS THE EXACT OPPOSITE OF WHAT YOU NEED!
12. Will you have to attend a hearing? MAYBE yes, but usually, these claims are struck out or the PPC discontinues (very common with DCB Legal!).   Will that hearing be at Northampton?  NO!  That's just a central starting point for claims.  If you are an individual, you get the choose your local court. You do NOT want your case 'heard on the papers' (absolutely no).  You want a hearing. You can claim your costs if you win, the hearing might never happen and you risk nothing (no CCJ, no huge costs) by defending, because if you were among the handful who report a loss here you'd have 30 days to pay and it would be less than on the claim form (£185 - £212 total).