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Live cases legal advice => Private parking tickets => Topic started by: shamzuddin on January 12, 2025, 11:27:47 pm

Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: shamzuddin on May 15, 2025, 09:21:07 pm
You truly are a hero! Thank you very much for all your help, time and efforts. May you continue to save many others from these thieving scum. Good day to you sir (https://emoji.tapatalk-cdn.com/emoji1319.png)
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: b789 on May 15, 2025, 09:14:26 pm
That's a win!

Just proves the incompetence of the supposed legal professionals at Moorside Legal who are unable to fulfil a simple court order.

No need to send the letter I suggested yesterday.
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: shamzuddin on May 15, 2025, 09:11:10 pm
I have today received this email response from the court:

"Dear Sirs,
 
With reference to your email below, the claimant having failed to comply with the unless Order dated 30 April 2025, the claim stands struck out.
 
Kind Regards
 
Romford County Court"

Can I safely assume that this case is now over and done with? Or should I still send in writing just in case?
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: b789 on May 14, 2025, 04:18:16 pm
Since there is no hearing within 10 working days, and the email did not include a new issue, application, or appeal, and the message was general correspondence seeking clarification, it is likely the court will not action the email unless an individual court officer chooses to respond as a courtesy. According to the rules in the auto-response, the email technically falls outside what the court has agreed to process by email.

In which case, in order to ensure the court formally processes your query and places it on the file (especially in case the claim isn’t yet administratively marked as struck out), you should send a postal letter to the court including:

• A brief covering letter referencing the unless order;
• A polite request for confirmation that the claim is struck out;
• A copy of the claimant's late-served PoC if you wish to evidence the non-compliance.

You can use the following draft which you will then print and send to the court by First Class post and make sure you get a free "Proof of Posting" certificate from any post office or simply drop it off by depositing it into the Court Post/Drop box:

Quote
[Your Full Name]
[Your Address]
[Postcode]

[Email Address – optional]
[Phone Number – optional]

Date: [Insert today's date]

To: The Court Manager

Romford County Court
2a Oaklands Avenue
Romford
RM1 4DP

Re: Claim No. [insert claim number]

Parking Control Management (UK) Ltd v [Your Full Name]

Unless Order dated 30 April 2025 – Request for Confirmation of Automatic Strike-Out


Dear Sir/Madam,

I write in respect of the above claim and the unless order issued by the court on 30 April 2025, which required the Claimant to file and serve a compliant Particulars of Claim by 4:00pm within 7 days of service of the order.

According to CPR 6.26, the order is deemed served on 2 May 2025, meaning the deadline for compliance expired at 4:00pm on Friday 9th May 2025. The Claimant’s further Particulars of Claim are dated 13 May 2025 and were served after this deadline. No application for relief from sanctions has been received or notified.

The order clearly stated that if the Claimant failed to comply, the claim would be struck out automatically and without further order.

Accordingly, I respectfully request that the court confirm that the claim stands as struck out in accordance with paragraph 2 of the order and that the court record will be updated accordingly.

Please confirm in writing whether the court has recorded this strike-out, or whether any further action is required.

Yours faithfully,

[Signature]

[Your Name]
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: shamzuddin on May 14, 2025, 03:10:48 pm
This is very helpful, thank you very much.

I have received this automated email response:

PLEASE TAKE NOTICE OF THE BELOW INFORMATION WITH REGARDS TO SUBMITTING DOCUMENTS WITH THE COURT–

 

PLEASE NOTE, FAILURE TO FOLLOW THE BELOW RULES AND GUIDANCE WILL RESULT IN YOUR CORRESPONDENCE NOT BEING ACTIONED

 

As of Thursday, 06/02/2025, Romford County Court will be actively implementing and enforcing the compliance of submitting documents to Court in accordance with CPR Rules

 

Any correspondence received via email must include Case/Claim Number, and hearing date within the subject line

 

Please note, the Court will not accept any documents received via email unless you have a hearing within the next 10 working days. If your hearing is not within 10 working days, this must be submitted via Royal Mail / DX. Manually submitted documents must be deposited into the Court Post/Drop box. Under no circumstances are documents to be handed to Security or staff – this will be refused. No exceptions will be made.

 

The Court will only be accepting New Issue Applications and Appeals via email providing they comply with the following rules:

 

2.3 In the County Court—

(a) if a fee is payable in order for an e-mailed application or other document to be filed with the court, a party must, when e-mailing the court—

(i) both—
(aa) provide a Fee Account number which the party has authority to charge for the applicable fee; and
(bb) authorise the court to charge the applicable fee to that Account; or
(ii) outline the preferred method of payment (credit or debit card) and provide the court with a contact number to take payment over the telephone.

(Further information about using the Fee Account service may be found at: https://www.justice.gov.uk/courts/fees/payment-by-account)

(b) when printed out on both sides of A4 paper, the following documents, together, must not exceed 25 sheets of paper in total—

(i) the e-mail;

(ii) any attachments, including any e-mail or document embedded in any attachment; and

(iii) copies of the documents in paragraphs (i) and (ii) that the court will serve where service is requested or required under the rules;

(c) only one e-mail, including any attachments, may be sent to the court to take any step in the proceedings and a party may not send another e-mail or a hard copy of any additional document as part of that step; and

(d) the total size of an e-mail, including any attachments, must not exceed 10.0 megabytes.

2.4 The court may refuse to accept any application or other document, including any attachment, e-mailed to the court where—

(a) the sender has not complied with paragraph 2.2;
(b) a fee is payable pursuant to paragraph 2.3(a) and—
(i)  the sender has not complied with paragraph 2.3(a); or
(ii) the sender has complied with paragraph 2.3(a) but the court has not been able to charge or take the fee; or
(c) the sender has not complied with paragraph 2.3(b) to (d).”
 

 

DOCUMENT SERVICE –

 

The following information with regards to the service of New Issue / Appeals / Applications:

 

(a)  If you require the Court to serve your application, you must provide the Court with 3 separate copies of your application in your email as a PDF attachment – the total number of pages of all 3 copies, inclusive of your covering email, must not exceed 75 double sided sheets of paper when printed.

 

 

ALTERNATIVELY: -

 

(b) If you do not require the Court to serve your documents, you must ensure that this is clearly marked at the top of your covering email at the time of submission.

 

 

PLEASE NOTE, COURT STAFF ARE UNABLE TO PROVIDE LEGAL ADVICE, IF YOU REQUIRE ASSISTANCE, THE COURT STRONGLY RECOMMENDS CONTACTING CITIZENS ADVICE BUREAU OR SEEKING PROFESSIONAL, QUALIFIED LEGAL ADVICE.
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: b789 on May 13, 2025, 06:55:24 pm
The deadline for an amended defence is 4pm on Tuesday 27th May. If you've not had any response to that email by 27th May, you can send the following as your amended defence:

Quote
Quote
IN THE COUNTY COURT AT ROMFORD
Claim No: [Claim Number]

BETWEEN:

Parking Control Management (UK) Ltd

Claimant

- and -

[Defendant's Full Name]


Defendant



AMENDED DEFENCE

1.The Defendant denies the claim in its entirety and asserts that no contract was formed and no debt is owed.

2. The claim was subject to an unless order dated 30 April 2025, requiring the Claimant to serve compliant particulars of claim by 4pm within 7 days of service. The Claimant served them late and did not apply for relief. The claim is therefore struck out automatically.

3. Without prejudice to the above, the Defendant responds as follows:

4. The further Particulars of Claim (PoC) embarrassingly fail to fully comply with CPR 16.4 due to the lack of contractual clarity and vague allegations.

5. The Defendant notes that the Claimant's Further Particulars of Claim include evidence and narrative commentary that more properly belongs in a witness statement. The purpose of particulars is to set out a concise statement of the facts relied on, not to present or argue the evidence. The Defendant reserves the right to object to the Claimant's reliance on this material at the witness statement stage, and invites the Court to give directions to exclude any duplication or procedural advantage the Claimant may seek to gain by conflating pleadings with evidential submissions.

6. The Notice to Driver (NtD) evidenced does not specify a period of parking, only a timestamp. This fails PoFA 7(2)(a), as confirmed in Brennan v Premier Parking Solutions (2023) [H6DP632H].

7. The Notice to Keeper (NtK) also fails PoFA 8(2)(a) for the same reason. The Claimant cannot rely on PoFA to pursue the Keeper.

8. Without a defined period of parking, there is no evidence that the vehicle remained beyond the minimum consideration period. No contract could have been formed.

9. The Claimant has failed to comply with CPR 16.4(1)(a). The Further Particulars of Claim do not contain a concise statement of the facts relied on. The only allegation is that the vehicle was "Parked within a restricted area", which is too vague. There is no explanation of how the area is "restricted" or what specific restriction was breached.

10. The facsimile sign evidenced states "No parking outside of the marked bays at anytime [sic]". There is no evidence the vehicle was parked outside of a marked bay or in breach of this or any other term.

11. The Claimant has not identified the driver. As the Notices were defective, there can be no Keeper liability. The Defendant puts the Claimant to strict proof.

12. The claim is for £204.22 but the initial charge was only £100. No explanation or calculation is given for the additional £104.22. There is no indication if this includes damages, debt recovery fees, interest or VAT. No breakdown has been provided.

13. The Claimant provides no evidence of where any sign was located in relation to the vehicle location. The single evidential photo of a sign gives no context, is unlit and was taken at night with flash.

14. The claim is poorly pleaded, disproportionate, and an abuse of process. The Defendant invites the court to dismiss it and to award costs if appropriate.

Statement of truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed:


Date:
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: b789 on May 13, 2025, 05:17:55 pm
What date were the further PoC sent? What date did you receive them.

key dates:

• Order dated: 30 April 2025
• Deemed served (by post): 2 May 2025
• Deadline to comply: 4pm on 9 May 2025
• Automatic strike-out: If nothing is filed by 4pm on 9 May, the claim is struck out without further order

Based on the court's order dated 30 April 2025, which required the Claimant to:

…within 7 days of service of this order file and serve a Particulars of Claim…

and considering that:

• The PoC is dated 13 May 2025, and
• Service of the court's order is deemed to have occurred on 2 May 2025 (if sent by post the same day),

then:

• The 7-day deadline expired at 4pm on 9 May 2025.
• The PoC was signed and presumably filed/served on 13 May 2025, which is 4 days late.

As per paragraph 2 of the court's order:

If the Claimant fails to comply with the above direction, the claim shall be struck out automatically and without further order.

This means the claim ceased to exist as of 4pm on 9 May 2025.

Send the following, today, to the court by email marked "URGENT" with the claim number to civil.romford.countycourt@justice.gov.uk and CC help@moorsidelegal.co.uk and also yourself:

Quote
[Date]

The Court Manager
Romford County Court

Re: Claim No. [Insert claim number]
Claimant: Parking Control Management (UK) Ltd
Defendant: [Insert your name]

Dear Sir/Madam,

Re: Claimant’s failure to comply with unless order dated 30 April 2025

I write with reference to the above claim and the court's order dated 30 April 2025, which stated:

"The Claimant must by 4pm within 7 days of service of this order file and serve a Particulars of Claim setting out their case in respect of the alleged parking contravention."

The order further provided that:

"If the Claimant fails to comply with the above direction, the claim shall be struck out automatically and without further order."

According to CPR 6.26, the order is deemed to have been served on 2 May 2025. Therefore, the deadline for compliance was 4pm on 9 May 2025. The Claimant’s further Particulars of Claim are dated 13 May 2025, which is four days after the expiry of the deadline imposed by the court.

To date, the Claimant has not applied for or obtained relief from sanctions under CPR 3.9.

Accordingly, pursuant to the terms of the unless order, the claim is automatically struck out. I respectfully request that the court updates the record to reflect this and confirms that the claim stands as struck out.

If the court requires any further information from me in this regard, I will be happy to assist.

Yours faithfully,

[Your Full Name]
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: shamzuddin on May 13, 2025, 04:15:45 pm
2 pages, attached now

[attachment deleted by admin]
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: DWMB2 on May 13, 2025, 04:05:16 pm
Was the order only one page long? If not, show us the back and any additional pages.
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: shamzuddin on May 13, 2025, 03:56:04 pm
Hello There,

This has popped up again. The court ordered the claimant to serve a Particulars of Claim, Parking Control Management has done so. Please advise, and thank you in advance.

[attachment deleted by admin]
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: shamzuddin on February 18, 2025, 04:43:54 pm
Draft to send to info@pcm-uk.co.uk and Help@moorsidelegal.co.uk

Dear Data Protection Officer,

I am writing to formally instruct the rectification of my personal data under the UK General Data Protection Regulation (UK GDPR). Please update your records to reflect my current address for service and erase any records of my previous address.

Current Address for Service:
[**********************************]

Previous Address (for reference and erasure request):
[**********************************]

In accordance with Article 16 and Article 17 of the UK GDPR, I request that you:

Update your records to reflect my current address for service.
Erase any reference to my previous address to prevent any future correspondence being sent there.
Please confirm in writing once my data has been updated and erased as requested. If you require any further information to process this request, please let me know promptly.

I expect confirmation of compliance within one calendar month, as stipulated under UK GDPR.

Yours sincerely,
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: b789 on February 18, 2025, 04:16:07 pm
You don't just "notify" them. You send a Data Rectification Notice (DRN) in an email to the DPO of each company and instruct them to update their records with your current address for service and to erase your old address. The highlighted words are there for a reason... use them.

Maybe you want to update the address on your V5C too.
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: shamzuddin on February 18, 2025, 04:04:40 pm
Oops damnit, the old address is my parent's address and I assumed they'd tell me if I had letters! I'll notify the claimant and the legal firm now
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: b789 on February 18, 2025, 03:23:51 pm
It was sent a few weeks ago but as they don’t have my updated address I’ve only just gotten hold of the letter.

WTF!!!!! Why don't you just check your credit reference to see if you have any CCJs you don't know about because you have not provided a valid address for service of documents!

I give in!  ::)
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: DWMB2 on February 18, 2025, 01:46:04 pm
It was sent a few weeks ago but as they don’t have my updated address I’ve only just gotten hold of the letter.
Why don't they? You need to make sure they do, by contacting the claimant's DPO and the legal firm with a Data Rectification Notice. Correspondence arriving at your old address could prove fatal to your case.
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: shamzuddin on February 18, 2025, 01:43:02 pm
Hello,

Thanks for your previous reply. Just to update, I have received a letter from the claimant regarding the PoC. It was sent a few weeks ago but as they don’t have my updated address I’ve only just gotten hold of the letter.

[attachment deleted by admin]
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: b789 on February 07, 2025, 11:37:13 am
Yup. Complete waste of time but it is only mandatory to "attend" the call. It is not part of the judicial process and there is no judge or solicitors involved.

You tell the mediator that the claimant has a copy of your defence and you are only prepared to discuss it with a judge and you offer £0. It will be over in minutes.
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: shamzuddin on February 07, 2025, 11:23:03 am
Hello,

Thank you for your previous reply. I have now been given an appointment for a telephone mediation session. Could you please advise? Thanks again



Claim number:

Parties: PARKING CONTROL MANAGEMENT UK LIMITED v

Your telephone mediation appointment

Appointment date: 25/02/2025

Appointment time slot: 12:00 to 14:00

Your confidential telephone mediation appointment has been booked for the above date and time slot. This means that the mediator will call you between the times shown. Your appointment will last for around one hour from the point at which the mediator calls.

The mediator will call both parties separately – you will not talk directly to the other side. They will try to help you both come to an agreement before the case goes to court.

Where your mediation appointment is mandatory, If you do not attend the appointment, the judge will take this into consideration at any court hearing and may issue a penalty. This could include the judge automatically ruling in the other party’s favour or ordering you to pay for some or all the other party’s costs.


Preparing for your appointment

You must make sure you have provided us with, or confirmed, the name and number of the person who will be conducting the mediation appointment. If you have not done this, or need to update your telephone number, you should contact us using the details at the end of this letter no less than 5 working days before your mediation appointment. Failure to do so may result in your mediation appointment not taking place and may result in a Judge issuing a penalty where the mediation was mandatory.

The mediator will call from a withheld number. Make sure that withheld numbers are not blocked on your phone.

Be ready to receive a call from the mediator from the beginning of your time slot. The mediator will call the telephone number you provided in your application.

If the mediator cannot contact you within 10 minutes of the appointment start, the appointment will be cancelled and you may, where mediation is mandatory, face a penalty for non-attendance.


Rebooking your appointment

If you need to rebook your appointment, you must have a good reason. The administration team will only consider rebooking in exceptional circumstances, such as an accident or a family bereavement. You must let us know as soon as possible.


Nominating a different representative

If you want someone else to represent you at mediation (like a trusted friend, relative or a solicitor) you must contact the mediation team

If you want to choose someone to attend your mediation appointment on your behalf who is not a part of the claim or is not a legal representative, you will also need to complete a delegated authority form. You can find out more about this on GOV.UK.

Your representative must know the facts of the case, understand how far you’re willing to compromise and have full authority to act on your behalf. You’re legally bound to any settlement agreements your representative makes on your behalf.


What happens in your mediation appointment?

Introduction from the mediator

The mediator will introduce themselves and check that you have read and understood the mediation process.

Explaining your position

You will need to briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points.

Negotiating options 

You’re attending mediation with a view to settling your case. This means negotiating to overcome disputed issues. The mediator is neutral and helps each party to explore options and discuss risks. Mediation works when you’re willing to listen to what the other party has to say, negotiate and agree a settlement.

Building agreement

Settlement can be in many different forms, for example, payment, goods or work. Both parties must agree on the outcome and feel they have reached an acceptable resolution.

Reaching a settlement

The mediator will read the terms of the settlement and confirm agreement with each party. Once agreed, the settlement is legally binding and cannot be changed. A copy of the mediation settlement is sent to both parties and placed on the court file.


Confidentiality

All mediation appointments are confidential. An agreed settlement includes a standard confidentiality clause.


Ending the mediation process

The mediator can end the mediation if, at any time:

either party breaches the terms on which they agreed to mediation
there is no prospect that the mediation will end in settlement
the mediator deems it inappropriate to continue in the case that one or both parties are vulnerable users
either party asks to end mediation

Find out more about Small Claims Mediation by watching our video HERE. Find out more in the guide to the Small Claims Mediation Service on GOV.UK.


Small Claims Mediation Service contact details

If you have any complaints or issues to raise about the Mediation Service, contact us by email or telephone:

Email:  scmreferrals@justice.gov.uk

Telephone: 0300 123 4593

Monday to Friday, 9am to 5pm

We record our calls for monitoring and training as it helps improve the service we deliver. If you want to know more about how we handle your personal data, visit https://www.gov.uk/government/collections/your-data-and-how-we-use-it

If you want to make a complaint by email, clearly title your message as ‘complaint’ in the subject field. 

This e-mail and any attachments is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail. Internet e-mail is not a secure medium. Any reply to this message could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material in response to this message by e-mail. This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. Monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents. Delegation Of Authority to Mediate.pdf
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: b789 on January 31, 2025, 01:55:01 pm
Having received your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those. Download your own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.

https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf

Here are the answers to some of the less obvious questions:

• The name of the court is "Civil National Business Centre".

• To be completed by "Your full name" and you are the "Defendant".

• C1: "YES"

• D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question
.."

• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option

• F3: "1".

• Sign the form by simply typing your full name for the signature.

When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: shamzuddin on January 31, 2025, 01:46:42 pm
Hello,

I have attached the response I have received. It includes a Directions questionnaire



[attachment deleted by admin]
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: shamzuddin on January 13, 2025, 01:59:23 pm
Thank you for clearing that up for me. Apologies for not being familiar with the terminologies, I’ve never dealt with parking tickets before and am trying to familiarise myself with the forum. I’m only just learning all of the acronyms! I have definitely submitted the Acknowledgement of Service and had the date extended. I will now submit the defence and transcripts with my details
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: b789 on January 13, 2025, 01:16:07 pm
There is no such thing as being sent "a PoC". The PoC are a section of the N1SDT Claim Form that you have shown us in your images. I repeat it here for you:

(https://i.imgur.com/OssZkJ5.jpeg)

You are responding to the claim with your defence as instructed. Are you absolutely positive that you submitted an AoS? I ask because of your confusion about terminology and forms.

By submitting an AoS, you are basically extending the time allowed to submit your defence by 14 days. So, you either submit your defence no later than 4pm on Friday 21st January or else you submit (or already submitted) an AoS which then gives you until 4pm on Friday 7th February to submit your defence.
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: shamzuddin on January 13, 2025, 01:02:12 pm
Hello b789,

Thank you very much for your time and effort into drafting this defence and finding the transcripts. I would just like to make clear that I may have actually been sent a PoC in the past but have misplaced it due to moving houses. Should I still proceed with this defence?
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: b789 on January 13, 2025, 09:37:06 am
This is the defence I advise you to submit. Because the PoC are so woefully inadequate, no valid defence can be formed. It requests that the claim be struck out because of failure to comply with CPR 16.4(1)(a), listing the Chan and Akande appeal transcripts as persuasive argument. In the alternative, should the judge not be persuaded, it asks the court to order the claimant to submit fully detailed Particulars of Claim, which we know from experience that the claimant is unable to fully comply with.

All you need to do is edit your name, the claim number and then sign the defence by typing your full name for the signature. There is nothing to edit in the draft order or the two transcripts. When done, save all the documents in PDF format and attach them to an email addressed to claimresponses.cnbc@justice.gov.uk and CC in yourself. Make sure that the clim number in in the email subject field and in the body, just put: "Please find attached the defence, transcripts and draft order in the matter of Parking Control Management UK Ltd v [your name] Claim No.: [claim number]"

Quote
IN THE COUNTY COURT
Claim No: [Claim Number]

BETWEEN:

Parking Control Management (UK) Ltd


Claimant

- and -

[Defendant's Full Name]


Defendant



DEFENCE


1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not disclose any valid cause of action.

Preliminary Matter

2. The Defendant respectfully submits that the Particulars of Claim (PoC) fail to comply with the mandatory requirements of CPR 16.4(1)(a), which states that the PoC must include a concise statement of the facts on which the claimant relies. The PoC are so deficient in particulars that they fail to disclose a cause of action, making it impossible for the Defendant to plead properly.

3. Specifically, the PoC lack:

(a) The specific terms of the alleged contract that were purportedly breached;

(b) The precise signage locations, alleged terms and conditions displayed thereon, or details of how the alleged breach occurred;

(c) Attachment or details of the contract relied upon, contrary to CPR PD 16.7.5;

(d) Particularity as to the alleged breach, including its nature, time, and location;

(e) An explanation of how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;

(f) Clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.

4. In light of the above, the Defendant respectfully requests that the court strikes out the claim pursuant to CPR 3.4(2) on the basis that:

• The statement of case discloses no reasonable grounds for bringing the claim; and

• The statement of case is an abuse of process.

5. The Defendant cites the cases of CEL v Chan 2023 [E7GM9W44] and CPMS v Akande 2024 [K0DP5J30], which are persuasive appellate decisions. In these cases, claims were struck out due to identical failures to comply with CPR 16.4(1)(a). Transcripts of these decisions are attached to this Defence.

Alternative Submission

6. The Defendant submits that the correct course of action is for the court to strike out the claim due to the Claimant's clear and material failure to comply with CPR 16.4(1)(a). The rules exist to ensure fairness, and the Claimant's non-compliance cannot be excused. The Defendant asserts that "rules are rules," and the Claimant has failed to follow them.

7. However, in the unlikely event that the court does not agree with the persuasive nature of the cited appellate decisions, the Defendant submits the following alternative:

• The court should make an order requiring the Claimant to provide the following further and better particulars:

(a) Set out the specific terms of the alleged contract that were purportedly breached;

(b) Specify the precise signage locations, alleged terms and conditions displayed thereon, or details of how the alleged breach occurred;

(c) Provide attachment or details of the contract relied upon, as required by CPR PD 16.7.5;

(d) Provide particularity as to the alleged breach, including its nature, time, and location;

(e) Explain how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;

(f) Clarify whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.

8. Without such particulars, the Defendant is unable to properly respond to the claim, resulting in unfairness and prejudice.

Draft Order

9. A draft order is appended to this defence, which the Defendant requests the court to consider adopting should the claim not be struck out at this stage.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed:


Date:

CEL v Chan transcript (https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=5735s458&dl=0)

CPMS v Akande transcript (https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=4z757gg9&dl=0)

Draft Order for the defence (https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-order.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&st=saqthunn&dl=0)
Title: Re: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: b789 on January 13, 2025, 02:10:29 am
You are correct with your assessment of your defence deadline. With a claim date of 2nd January 2025 and having submitted your Acknowledgement of Service (AoS) in a timely manner, you now have until 4pm on Tuesday 4th February to submit your defence.

You already have the PoC. You do not need to “request” them. The obligation is on the claimant to provide detailed particulars so that you are able to submit a valid defence.

CPR 16.4 applies. Moorside Legal have failed to comply with CPR 16.4, subsection 1(a) in particular. There is plenty of persuasive appeal precedent to have this claim struck out for failing to provide a concise statement of facts, never mind the rest of CPR 16.4.

This claim is easily defended and will rely on the persuasive appeals of CEL v Chan (2023) (https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=o5ubdw9n&dl=0) and CPMS v Akande (2024) (https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=wptv1l16&dl=0) to have it struck out at allocation stage.
Title: Parking Control Management PCN - Moorside Legal - County Court Claim
Post by: shamzuddin on January 12, 2025, 11:27:47 pm
Hello Everyone,

I received a PCN back in 2021 and stupidly ignored it thinking nothing would come of it. I've now received a Count Court Claim from Moorside Legal. The original claimant is Parking Control Limited. The location was Collison Avenue, Barnet, EN5 3EP and it was a windshield PCN.

The PCN was received for being 'parked within a restricted area.' Unfortunately I moved houses over a year ago and no longer have any of the paperwork received from either Parking Control Management or Moorside Legal apart from a Letter of Claim received October 2024 and the most recent County Court Claim form. If I am to request a Particulars of Claim, would I request this from Parking Control Limited or Moorside Legal?

I have already completed the Acknowledgement of service and the new deadline is 04/02/2025. Any help on the next steps to prepare for a defence is much appreciated

Link to photos:

https://imgur.com/a/ZE4ZhvZ