Small claim from Carflow Moorside overstay

Car1980

Incidentally, I can't see Carflow on any of the Google Streetview images of the Hanover Street car park? It's been RCP controlled for years?

Coupon-mad

CL's no win no fee arrangement:

https://forums.moneysavingexpert.com/discussion/comment/81264714/#Comment_81264714

We offer this information without bias and with no connection to this at all.

We know Jackson Yamba is very good (he won at the Court of Appeal last month v VCS; second highest court in the land) and we know claims like these can be successfully struck out.

patient_dream

What a very frail claim by Moorside

Doubt if Thomas knows what he is doing ?
The PCN is £100, NOTHING MORE NOTHING LESS

Thomas from MOORSIDE seems to think that the ticket is £170 ????     but he is is copying the rubbish that the likes of DCBL and other desperate legals

Moorside has failed to explain the £70 which we all know is the famous OSNER SCAM, They say it is costs .....  Moorside should take note of the Supreme court rulong which clearly stated that the charge is set to operate the scheme ?  WHY IS MOORSIDE ADDING THE OSNER £70 FAKE  to mislead the coirt  that a parking ticket is £170

Will MOORSIDE have guts to take a scam to court ??

kobonet

Coupon-mad said:

kobonet said:

Coupon-mad said:

I'd get Contestor Legal to strike this out instead of defending this one.

Is there a reason why I shouldn’t defending it by myself? Is it going to cost a bit to get Contestor Legal involved? 

Costs nothing. It's no-win-no-fee for their strike out service. They recoup their costs from the Claimant.

My reasoning is that (if Carflow have any say) this claim will not be discontinued, it will otherwise go to a hearing. Carflow are like Rottweilers and used to litigate their own cases so they won't be averse to sending someone in person to turn up at a hearing themselves and try to walk all over you.

And this is an overstay allegation. 15 mins past paid-for time.

And their signs are better than most, IMHO.

Yours is an uphill battle compared to the easy ones we see, so why not try to squash it like a fly at the outset, free of charge? If this will be Manchester Court I think their (good) judges will be fine to indulge the strike out application for Jackson Yamba.

I think at a hearing, a defence against this overstay will be harder than the Contestor Legal free option.

Did you already do the AOS?

Yes AOS is done today. Good to know it’s a hard one and if it will cost nothing sounds sensible to go to them.

kobonet

Car1980 said:

Incidentally, I can't see Carflow on any of the Google Streetview images of the Hanover Street car park? It's been RCP controlled for years?

They provided this document when responding to my appeal to show map, signs etc. 

https://1drv.ms/b/c/1d3383051e7c983b/Ec_PGWU6S6hEtvVjbV0tMWUB0v4ilEBhOS-0bY8LUyk6tg

Coupon-mad

kobonet said:

Car1980 said:

Incidentally, I can't see Carflow on any of the Google Streetview images of the Hanover Street car park? It's been RCP controlled for years?

They provided this document when responding to my appeal to show map, signs etc. 

https://1drv.ms/b/c/1d3383051e7c983b/Ec_PGWU6S6hEtvVjbV0tMWUB0v4ilEBhOS-0bY8LUyk6tg

Now that DOES give you a defence. It is a legal argument though. 

Assuming the Claimant on the Claim Form is CarFlow, then that is the wrong Claimant. These two images show that the principal is in fact RCP (thus, ONLY RCP have standing to sue):

Read up in the forum about Fairlie v Fenton.

If you find that too hard an argument to really do justice to, then hand your case to Contestor Legal AND mention this to them as well. Your application to strike out could have two limbs if CL want to run both: 

1. poorly pleaded POC

2. Wrong Claimant (Fairlie v Fenton applies).

kobonet

ChirpyChicken said:

kobonet said:

Coupon-mad said:

I'd get Contestor Legal to strike this out instead of defending this one.

Is there a reason why I shouldn’t defending it by myself? Is it going to cost a bit to get Contestor Legal involved? 

No nothing but how long do you have left to defend.

Issue date is 8/4/2025
Adding 33 days is 11/5/2025. That’s about 2.5 weeks left.

Coupon-mad

Should be OK as long as you are quick and already did the AOS (although I've never been clear whether doing the AOS matters in a strike out application case). CL will know.

Car1980

In any case, the contract doesn't even mention £100, let alone any extra £70?!

kobonet

Coupon-mad said:

Should be OK as long as you are quick and already did the AOS (although I've never been clear whether doing the AOS matters in a strike out application case). CL will know.

If a strike out application is successful, can/will Carflow issue a new claim with the amended POC?