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Moorside Legal taking it to court.

Hello everyone, I would appreciate some advice on what kind of defence I might have against a claim made by UKCPS back in November of 2023. I ignored the letters from debt collection agencies and all the usual nonsense until this week when I got a letter stating that it is going to Northampton. I understand the time frames involved in AOS and my defence, but I am struggling to know how to defend it. If I am entirely honest, I have wondered if I should have just accepted I made a mistake and paid it at the time, because I parked up in a Costa car park and ran in to a nearby chemist that was very close to the car park and was in there for literally 3 minutes. As this car park had always been free previously, I was not paying attention to any signs that apparently had recently changed. I don’t know if it’s relevant, but the attached images show the area I was parked in and the chemist I visited, as well as locations of the signs in the car park. The first letter stated that I was “observed leaving site” and shows my number plate in a bay, but nothing else. I subsequently ignored everything they have sent for last 2 and half years. Do I even have a defence?

IMG_3225.jpeg IMG_3226.jpeg
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Comments

  • ArdentDad
    ArdentDad Posts: 7 Forumite
    Name Dropper First Post

    Sorry I should have stated this is one of those car parks that states customers need to put their registration into a machine when you walk in.

  • Gr1pr
    Gr1pr Posts: 15,257 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper

    Without seeing a redacted picture of the claim form, how would we know ?

    ( nor have we seen the landowner contract, or the signs that form the contract either )

    Everyone has a defence, and currently they aren't taking anyone to court, they have issued a Money Claim via the CNBC in Northampton using MCOL, a civil service office ( Central point. )

    Post a redacted picture of the claim form after hiding the following data parts, so hide the

    Name and address and any QR codes

    Claim form reference number

    VRM details in the POC

    Password

  • Car1980
    Car1980 Posts: 3,304 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 10 June at 10:01AM

     The first letter stated that I was “observed leaving site” and shows my number plate in a bay, but nothing else

    No evidence then. The onus is on them to prove. They "observed" but didn't think to take a photo? Sounds like going Bigfoot hunting but forgetting your camera.

    What are the exact particulars of claim?

     I was not paying attention to any signs that apparently had recently changed

    They are also obliged to put up change of T&Cs signs for at least 3 months. See https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/sectorsingleCodeofPractice.pdf

  • ArdentDad
    ArdentDad Posts: 7 Forumite
    Name Dropper First Post

    I am going to have to drive to car park to take pictures of the signage. As this happened 2 and half years ago, I don’t know if they will be same signs though. Here is the claim form.

    IMG_3229.jpeg
  • Le_Kirk
    Le_Kirk Posts: 26,867 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    You have redacted the date of issue so cannot advise you of deadline for AoS or defence!

  • ArdentDad
    ArdentDad Posts: 7 Forumite
    Name Dropper First Post

    Sorry I wasn’t sure whether even that date would give away information. It was recent and I have read up on the AOS timeframe. I still have plenty of time as I am going to do it 5 days afterwards as suggested in forum.

  • Le_Kirk
    Le_Kirk Posts: 26,867 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    What is to give away? The parking company and/or their solicitor already know everything as they sent the claim form!

  • ArdentDad
    ArdentDad Posts: 7 Forumite
    Name Dropper First Post

    Just my ignorance that’s all. I am just a bit wary as I haven’t done this before. Didn’t want to post anything that I shouldn’t, but I understand what you mean now. The date of issue was 02 June. Thanks.

  • Gr1pr
    Gr1pr Posts: 15,257 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper
    edited 10 June at 1:14PM

    Study the relevant IPC code of practice in force in 2023, especially about signage etc

    UKCPS via Moorside Legal, pleaded case, driver observed leaving the site , Costa coffee

    The only signage that matter is the ones on the incident date, not now in 2026

    UKCPS didn't comply with Pofa2012 so that could be a factor

    Use the 10 paragraph defence template in announcements, adapting paragraph 2 & 3, after completing your AOS online stage ASAP on MCOL

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