UKCPS/ Moorside Legal Defense

Rynao

Good morning/afternoon all! 

Long term lurker/researcher here and just want to get a double check on my defence for Moorside Legal (they have used their template POC that i've seen on lots of threads but i can take a photo if that's required?). I have followed the stickies and plan to replace paragraph 6 with the below;

"Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was issued on 16/12/2023.  Paragraph 3 is neither admitted nor denied and the Claimant is put to strict proof that the vehicle "was parked in breach" of an unspecified term. The POC fails to specify any 'relevant obligation' or 'relevant contract', nor do they state what the supposed 'term' was or how the driver allegedly breached it. Paragraph 4 is denied; whilst the Defendant is the registered keeper, they were not the driver, who did not 'agree to pay within 28 days'. It is not accepted that any prominent term was capable of binding the driver to any charge or deadline to pay. The Defendant is not liable and the Claimant has not stated whether or not they can rely on the optional 'keeper liability' provisions of the Protection of Freedoms Act 2012, Schedule 4 ('the POFA'). The quantum is hugely exaggerated (no PCN can be £170 on private land). The Claimant has failed to break down the heads of cost: in fact the added £70 is not part of the supposed PCN at all; it is a false 'fee' which was never paid to any third party, cannot attract interest and appears to be their solicitor's attempt at double recovery, being an abuse added in addition to the MoJ's intended 'capped' £50 legal fee. The Claimant is put to strict proof of all of their allegations (whatever they are) and the basis under which the Defendant vehicle keeper is being pursued for a sum which exceeds the 'maximum sum' set out in the POFA."

Is this OK? Any changes you would make?

Do I need to add anything further? The ticket i received was in the car park of my residence (directly next to my flat), I parked on what the sign describes as a "pedestrian area" although everyone in the flats parks here to load/unload and when contractors get permission from the management company they park in this same space. I was there 10 minutes whilst unloading and getting changed and the picture evidence supplied shows first to last photo being 7 mins apart. Should I include any of this or wait for the witness statement?

Thanks for your help so far

Rynao

bumping this as need to submit soon. Sorry!

patient_dream

"Claimant has failed to break down the heads of cost: in fact the added £70 "

What can Moorside say about the £70 scam ?  The other bunch DCBL, think it's "damages" which is a big joke
Judges know about the now famous OSNA scam, approved by the BPA and copied by the IPC.

Rynao

Should I keep this in as part of the defence, or is it not required? Thanks

Coupon-mad

Yes. Keep it in. Defence looks fine but I would add an extra couple of paragraphs as 7 & 7.1 then re-number the template (usual para 4 onwards) below it:

7.  The car was temporarily stopped at the Defendant's residence (directly next to their flat). This is a commonly used unloading place where everyone in the flats is aware that they may stop their vehicle to load/unload and when contractors get permission from the management company they park in this same space. The Defendant was there for a few minutes whilst unloading. This was not a 'period of parking' by any definition and the Defendant will rely upon the below authority and similar cases.

7.1.  The Appeal case at Oxford County Court, 'JOPSON V HOME GUARD SERVICES' case number: B9GF0A9E on 29th June 2016 is a persuasive authority against this claim. His Honour Judge Charles Harris QC found that Home Guard Services had acted unreasonably when issuing a charge notice to Miss Jopson, a resident of a block of flats who parked in front of the communal entrance to unload furniture, rather than use her own parking space. 

Rynao

Brilliant, thank you for your help. Just to double check, which paragraphs should i know add after this to make up the rest of the defense? From 6 onwards in the stickies?

Coupon-mad

Read my reply above. I said which paragraph (and so does the Moorside template).