Moorside Legal (UKCPS) N1SDT Claim form - Please help :)

Gr1pr

Follow the 8 steps

Wait Until you receive the N180 DQ document from the CNBC, not from the lawyers, then you follow the 8 steps

If you have received the N180 DQ document from the CNBC, download the digital version, fill it in and email it

Mediation is a mandatory stage, dont discuss the case, even if asked about it, offer £0 or a very low amount , its only about an early financial settlement, nothing else

Le_Kirk

If that letter is from CNBC, do what it says (and this is also in the 8-steps in the defence template thread). If it is not from CNBC but from the claimant, you should wait for your copy of the N180 from and then download one from gov.uk, complete it online and send it to the email address that you will find in the defence template thread.

JEnnie2017

Hi everyone,

I'm hoping for some advice ahead of my first ever small claims hearing against UKCPS.

I've already filed my Defence (based on the current MSE template edited a bit though ) and the case has now been allocated to the Small Claims Track.

My defence is based on the following points:

• I was the registered keeper but not the driver.
• The claimant has produced no evidence of the driver's identity.
• They can only pursue the keeper if they've fully complied with Schedule 4 of the Protection of Freedoms Act 2012, which I don't believe they have.
• The claim includes unlawful added costs/double recovery.
• The signage was inadequate and incapable of forming a fair contract.
• The claimant is put to strict proof of landowner authority.
• I also dispute that the location was a properly signed "no stopping" zone.

I've now received the court's Notice of Allocation, which states:

"Each party must deliver to the other party and to the court office both the statements of all witnesses... and copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing."

This is my first court case do I have to produce a witness statement from me and the actual driver?

I'd really appreciate some advice on:

• What should I include in my Witness Statement?
• What documents did you rely on in your own parking cases?
• What exhibits should I include?
• Is there anything that judges particularly like (or dislike) seeing in a Witness Statement?
• Any general advice for someone attending their first small claims hearing would also be greatly appreciated.

Many thanks in advance for any help.

Gr1pr

Definitely from you, if they dont discontinue ( so check if they have paid the hearing fee , by phone , after the deadline shown on your court order )

Statements from other witnesses are optional

Study the 2nd post in the newbies sticky thread in announcements near the top of the forum by coupon mad

Study the WS bundle by MSE members JackR1 & JPCN too

Read The other recent UKCPS, Moorside Legal cases on here

Do not use terminology like the words Fine or Penalty

Watch the video that explains how the hearing works ( no i don't have the link. )

JEnnie2017

https://forums.moneysavingexpert.com/discussion/comment/82076099#Comment_82076099

Thank you very much :)

JEnnie2017

UPDATE!

Hi everyone,

Well today they have emailed me saying they are no longer proceeding with the case! The case was in just over a month's time, I'm over the moon that it has been cancelled but I'm still annoyed that it has been so much stress for me and my husband.

I spent time researching my defence, looking into the law, my husband took a day off work, I had to write a witness statement etc.. it has taken so many hours of hard work.. all for it to be dropped last minute!

Is there a way to claim costs? I am so frustrated, I cannot understand how they can get away with doing this to people? I was never the driver, the claim was from 2022 and they have sent me letter after letter and took me through mediation.. for this!

Sorry I am ranting 😅

As happy as I am, it has took so much stress, research etc.. you guys have been amazing and the support on here has been great.

Thank you

Gr1pr

You ca post a redacted picture of your N279 discontinuation document below, for completeness

We agree with you , but if you didn't issue a counterclaim with the defence then you are unlikely to get a wasted costs order

You should complain about it to the CMA and your local MP, possibly the SRA too

Coupon-mad

@JEnnie2017

"Is there a way to claim costs?"

Yes, as you read about on post 2 of the NEWBIES thread where there are two linked examples of successfully claiming costs after discontinuance.

Literally everything you needed to know is in that post that we kept signposting you back to. But anyhoo, congrats!

ANOTHER ONE BITES THE DUST!

😃