Is there ever a time to just pay these scam fines?

Omesha

Hi all,

I received a letter today from Moorside Legal saying that PCM has referred two of my cases to them and that they may pursue legal action. Based on what I’ve seen before, PCM are likely to follow through and push this toward a CCJ.

I've looked back at both penalties, which happened last year, and had to remind myself of the details.

• Case 1: I’m a local resident. One time, as I was pulling out of my road onto the next, my car cut out. I was able to roll it onto the kerb and park it safely until my husband got home to help. I explained this to PCM, but they replied that I should have stayed with the vehicle and that I was still liable. It felt unreasonable — I was literally 20 seconds from my house.

• Case 2: I was parked on a grass verge that’s been used by local residents for years. There’s been long-standing confusion over who owns the land. I got a ticket after several years of parking there, and unfortunately I can’t now find the land ownership records, as this was over five years ago. Without that, I feel I can’t defend myself properly.

The total they're demanding now is £340. We're a low-income family, and I’m seriously considering just trying to set up a payment plan (maybe £1 a month if they'll accept it), but I wanted to check if that’s the right move.

Is there ever a point where it makes more sense to pay these so-called "scam" fines? We always thought these companies were meant to help residents, not penalise them.

Would appreciate any advice.

Thanks,

Ohm

Gr1pr

Do not pay,  their figures are artificially inflated, the 2 pcns were a maximum of £100 each,  so £200, if a court decided in their favour 

PCM UK dont issue penalties,  especially not on private property 

Wait for the Letter of Claim to arrive from Moorside Legal in the post,  unless the latest letter is an LoC   ?

Umkomaas

You only have to pay if a Judge tells you that you must. If a Judge tells you to pay them, almost certainly he/she would be telling you to pay less than what PCM/Moorsnide are attempting to squeeze from you. Stay with this forum to give you the very best chance of paying £zilch!

kryten3000

The only time to pay is if you are instructed to do so by a judge and want to avoid a CCJ on your credit file.

Until then there is nothing to pay, certainly don't even think about a payment plan.

If you get a claim the process will take 6-12 months if it goes all the way to a hearing so that's when to start putting some money aside each week/month so you have a lump sum to pay in full immediately.

You can also consider making a (low) offer at mediation, say £20 per charge maximum.

Moorside are currently still issuing claims with inadequate particulars so they can be beaten if you receive a claim form.

Omesha

Many thanks! I'll keep this live and up to date. Let me know if there is any more information I should share.

The letter I've received is a schedule of Parking Charge Notices with a warning that they may be instructed to issue a CCJ. 

I'll do nothing but bin this letter for now

 Gr1pr said:

Do not pay,  their figures are artificially inflated, the 2 pcns were a maximum of £100 each,  so £200, if a court decided in their favour 

PCM UK dont issue penalties,  especially not on private property 

Wait for the Letter of Claim to arrive from Moorside Legal in the post,  unless the latest letter is an LoC   ?

Umkomaas said:

You only have to pay if a Judge tells you that you must. If a Judge tells you to pay them, almost certainly he/she would be telling you to pay less than what PCM/Moorsnide are attempting to squeeze from you. Stay with this forum to give you the very best chance of paying £zilch!

kryten3000

Omesha said:

The letter I've received is a schedule of Parking Charge Notices with a warning that they may be instructed to issue a CCJ. 

I'll do nothing but bin this letter for now

No parking company or legal firm can "issue" a CCJ, only the court can do that (it's a County Court Judgment).

All these firms can do is start the claim process off which may eventually lead to a CCJ.

prowla

Let me have your address and I'll send you an invoice too! :-)

Gr1pr

They should follow up with a Letter of Claim,  in the post

Followed by a Court claim pack from the CNBC in Northampton using MCOL , arriving in the post 

They cannot issue a CCJ,  only the CNBC in Northampton can possibly issue a default CCJ if you fail to defend a court claim,  or a Judge in court 

So I doubt that Moorside Legal mentioned issuing a CCJ, its simply not possible 

Coupon-mad

Omesha said:

Hi all,

I received a letter today from Moorside Legal saying that PCM has referred two of my cases to them and that they may pursue legal action.

I've looked back at both penalties, which happened last year, and had to remind myself of the details.

• Case 1: I’m a local resident. One time, as I was pulling out of my road onto the next, my car cut out. I was able to roll it onto the kerb and park it safely until my husband got home to help. I explained this to PCM, but they replied that I should have stayed with the vehicle and that I was still liable. It felt unreasonable — I was literally 20 seconds from my house.

• Case 2: I was parked on a grass verge that’s been used by local residents for years. There’s been long-standing confusion over who owns the land. I got a ticket after several years of parking there, and unfortunately I can’t now find the land ownership records, as this was over five years ago. Without that, I feel I can’t defend myself properly.

The total they're demanding now is £340. We're a low-income family, and I’m seriously considering just trying to set up a payment plan (maybe £1 a month if they'll accept it), but I wanted to check if that’s the right move.

No - that is totally unnecessary and the wrong move. Do not even think about it.

PCM are likely to follow through and push this toward a CCJ.

They can't just 'get' a CCJ. A court claim is not a CCJ and it is what you want!

You are not at risk of high costs or a CCJ.

We always thought these companies were meant to help residents, not penalise them.

Wow! What on earth made you think that? My family positively avoid living in any property with a parking firm. We wouldn't even look. They are a threat to residents.

Is there ever a time to just pay these scam fines?

Answer: if a judge says so.

Car1980

1. Breakdowns usually come under the doctrine of frustration of contract. There is no obligation to stay with the vehicle. Is it going to magically fix itself? What if you decided to walk to a nearby Halfords for a part? What if you were a single mother with a baby? 

2. 5 years ago and there is confusion over the land owner? Remember the onus is on them to make their claim. And it sounds like an uphill struggle for them rather than you.

Umkomaas

Omesha said:

Many thanks! I'll keep this live and up to date. Let me know if there is any more information I should share.

The letter I've received is a schedule of Parking Charge Notices with a warning that they may be instructed to issue a CCJ. 

I'll do nothing but bin this letter for now

 Gr1pr said:

Do not pay,  their figures are artificially inflated, the 2 pcns were a maximum of £100 each,  so £200, if a court decided in their favour 

PCM UK dont issue penalties,  especially not on private property 

Wait for the Letter of Claim to arrive from Moorside Legal in the post,  unless the latest letter is an LoC   ?

Umkomaas said:

You only have to pay if a Judge tells you that you must. If a Judge tells you to pay them, almost certainly he/she would be telling you to pay less than what PCM/Moorsnide are attempting to squeeze from you. Stay with this forum to give you the very best chance of paying £zilch!

No! Don't 'bin' it. Any correspondence telling you that you owe a third party money should be kept on file. You might just need it as evidence at some stage, if it's in the bin, it's no longer available to you!  

If the letter is giving you a 14-day deadline to respond, it's a debt collection letter and should be dealt with as per the NEWBIES FAQ Announcement, fourth post.  If it gives a 30-day deadline, it's likely to be a Letter Of/Before Claim and should be dealt with as per the NEWBIES FAQ Announcement, second post.