Moorside Legal - Claim2

Fines_suck

Hi MSE,

Received Court papers against Moorside Legal - this is the second one I have been issued.

Below is a photo of the claim form.

Moorside CCJ-2.jpg

My partner opened the letter and is extremely concerned that, following this route, we will be worse off should we loose the fight. I have advised her that I don't want to pay these extortionists for an honest mistake.

Considering I forgot to pay as I got on train as my mind was on work - this has happened Moore than one occasion, hence the second CCJ court papers - what chance do I realistically have of success? It has sown a seed in my mind doubting myself and that I would be better off paying up, but I just can't bring myself to do it.

If this gets to court I don't feel I can stand up in front of a judge and plead "sorry your honour I forgot to pay" and expect to be let off - but this is the honest truth.

Any comments / help would be much appreciated

Gr1pr

Definitely not a CCJ, its a claim form from the CNBC in Northampton using MCOL

NCP via Moorside Legal, issue date 8th April

Breach not pleaded, the total of 4. separate dates for the pcns not pleaded , just an ambiguous range of dates

Use the Chan and Akande defence template in the defence template thread in announcements, after completing the AOS stage online first

Coupon-mad

That's a claim for 4 PCNs yet no breach allegation(s) is/are stipulated and there aren't 4 dates pleaded. So it is a hopeless claim for them, not you!

Please change your thread title. You do NOT have a CCJ, and will not get one.

My partner opened the letter and is extremely concerned that, following this route, we will be worse off should we loose the fight.

That's a strange thought, given the fact that post 2 of the NEWBIES thread tells everyone that the odd case lost at a hearing sees the D pay far LESS than the claim.

Hence it's a no-brainer to always defend a parking claim because they are inflated. Did you/she not read that bit?!

Obviously they can't have an added £70 per PCN, nor interest on the whole lot! Instead of £839, if you got all the way to a hearing, followed court directions, attended, and yet lost on all 4 PCNs, the sum would be c£570.

But that's not going to happen!

You've seemingly forgotten what everyone heard on the news last month: NCP are in administration. Guess what? Several NCP defence wording posts have been made here this past month, pointing out that NCP can't litigate.

Read. Copy. Laugh!

Le_Kirk

With an issue date of 08/04/26 and providing you complete(d) the AoS after 13/04/26 and before or on 27/04/26 your defence deadline date is 4.00 p.m. on 11/05/26

h2g2

You can definitely raise as a preliminary matter in the defence that these particulars are defective and the claim should be struck out.

In particular they do not specify:

• The land these claims arise from
• The periods of parking claimed for
• The actual term or condition breached

This makes it impossible for the defendant to know where, when, or how these claims have arisen, and makes it impossible to form a coherent defence.

Coupon-mad

You'll also have Henderson v Henderson (cause of action estoppel) as a defence point to add, if this is a second claim re the same location, vehicle, same year, same signs, etc.

I found this wording re cause of action estoppel, albeit it needs the full case citations added:

This claim repeats claim no. [xxxxxxxx], involving the same parties, car park, dates, and alleged breach. Courts have held (Arnold v NatWest [1991]; Henderson v Henderson [1843]; Aldi v WSP [2008]; Henley v Bloom [2010]) that a party cannot bring a second action for the same issue and must raise all related claims at once. Bringing duplicate claims is an abuse of process. Under CPR 3.4(2)(b), the Defendant respectfully asks that this second claim be struck out by the allocating judge.

Fines_suck

@Gr1pr I will read up on the Chan and Akande case

@Coupon-mad, thank you for your comments - I have changed the thread title as you have stated, I did hear that NCP are in administration and did chuckle to myself, I will review the Henderson vs Henderson defence point you mention as this is, at present, the second set of HMCT papers received, and is the same place same signs etc

@Le_Kirk thanks for highlighting key dates, this is very useful

@h2g2 thanks for your comment, you make a good point

I have some reading to do on this and I will file the AOS by 27/04.

Thank you all for your responses.