Money Claim From Moorside Legal for parking at Greater Anglia Car Park in Shenfield.

mrknight

thank you, is that the defence titled -

Template defence to adapt for all parking cases with added 'admin/DRA' costs - edited in 2024

and i adapt that to my claim?

mrknight

thanks,

could you help with what i should be putting in paragraph 6?

should i mention that even if (which is not the case) the location is relevant land, your PCN is not POFA-compliant because (without limitation) it was delivered after the end of the 'relevant period' as defined in POFA paragraph 9 and does not contain the mandatory wording required by that paragraph.

really appreciate all your help!

Coupon-mad

Depends if that was true about the NTK in your case, and whether the Defendant was driving or not.

mrknight

yes the defendant was driving. should i put that in paragraph 6?

Coupon-mad

No.  I'd suggest this:


6.  The POC are so poor there is no allegation to respond to but the location is recognised and in an attempt to narrow the issues, it is the Defendant's case that:

(i)  it is denied that the Claimants would have issued a compliant Notice to Keeper, given that railway land is not 'relevant land' as defined in Schedule 4 of the Protection of Freedoms Act;

(ii)  it is denied that the 'total PCN sum' could ever be £170 on private land, given the industry PCN cap is £100;

(iii). it is denied that the Claimant's signs were capable of offering a contract in their own name. It is denied that this Claimant's 'Service Contract' with the Train Operator - Greater Anglia ('GA') - allows this Claimant to sue. They are mere agents with a service agreement and no standing. In claim number H3DP6J3R NATIONAL CAR PARKS LIMITED v Mr W, heard by DDJ Campbell sitting at the County Court at Chelmsford on 22/2/2023, it was held that NCP appear to be an agent of a disclosed principal, so the person who must sue is GA, not NCP. The signs used by NCP at train stations carry the GA logo and reference 'parking with us' and whilst the name and address of NCP as the person to be contacted is given, DDJ Campbell held that this does not mean they can sue on the contract.

mrknight

thank you!

mrknight

Also one last thing if you can help with, what should I write in paragraph 3, should i put anything about the NTK being non pofa in that paragraph too? Thanks

Coupon-mad

What? You aren't using that version.

You were already advised and you can see from the Template Defence thread FIRST POST, that there's a special version for Moorside claims, which is why the paragraph I specially gave you is para 6.