Moorside Legal - Another case

wp408

Just starting this thread whilst I do my due diligence, didn't post until now as it followed mostly the same path as everyone else with Moorside. Frivolous letters demanding money, to a letter of claim October last year, I emailed as per the template and got a template email back. Now a claim form from the court near 6 months later. Sure took their time with that. So now is the time to post. 

From quick reading, I know I need to log into money claim asap and log a defence. Likely will complete both of these asap.

Interestingly, in the particulars of claim they alleged, that I was the driver (which I never confirmed or denied) and that I agreed to pay within 28 days, again I did not. 

Whilst I'm gathering what I need from templates, what advice can you give me at this stage? 

Thank you for all you are doing here.

ChirpyChicken

which car park
Do the AOS soon no rush on the defence

wp408

Posting the email correspondence here. Will try to post everything I have, just in case its useful or relevant.

ME - 25 of OCT 24

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Proposed Legal Proceedings

Claimant: Moorside Legal

I refer to your your letter of claim.

I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:

[redacted address]

The alleged debt is disputed and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Don't send me your usual blather about that.

I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

THEM - 4 of DEC 24

---------

We write in response to your email below.

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 is a member of the British Parking Association which is a government approved Accredited Trade Association (ATA) for Private Parking. 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.

Yours sincerely

Moorside Legal

wp408

ChirpyChicken said:

which car park
Do the AOS soon no rush on the defence

A NCP car park in Portsmouth.

wp408

AOS completed.

Coupon-mad

You seem well on track!

You've found the special Moorside Claim defence words (with Chan & Akande) linked in the first post of the Template Defence thread? 

wp408

Coupon-mad said:

You seem well on track!

You've found the special Moorside Claim defence words (with Chan & Akande) linked in the first post of the Template Defence thread? 

I've been taking in the advise whilst lurking and following the cases here as my own progressed to this point. Thanks to your help, I'm informed of what comes next. 

Yes I've grabbed that and I'm assembling that with the other template. I'll post again once completed. 

wp408

(Edit removed full defence)

Thoughts on this section 6?

6. The Defendant, in good faith, does not recall why the vehicle was at Portsmouth Market Way, nor the circumstances of parking the vehicle at Portsmouth Market Way, due to how much time has passed since 03/05/2024 and time of writing.

I don't remember much of the reasons why the PCN came about. It's been nearly a year since. I used to rely on the NCP autopay, which they discontinued without telling customers who had signed up. I would have added that but it was advised elsewhere to not put in any details not mentioned in the POC.

Gr1pr

If a driver parks, they agree to the contract written on the signs, so that is why they all say that the Driver agreed to pay but did not 

Agreement by conduct,  a common statement,  nothing to see there 

They always tend to assume that the keeper was the driver,  unless they say different 

Deal with the important stuff, don't get sidetracked by the same old guff as the others who get claims and aren't familiar with the process or terminology 

Ps, we always ask people to only post a few bespoke paragraphs of their defence,  we dont check the full ones, only your changed paragraphs require checking,  just a heads up  

wp408

Gr1pr said:

Ps, we always ask people to only post a few bespoke paragraphs of their defence,  we dont check the full ones, only your changed paragraphs require checking,  just a heads up  

No worries, I'll edit the post so it's only section 6. Thanks for the heads up

Coupon-mad

Yes that para 6 looks fine. Nice research.