Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: andrewb1218 on February 24, 2025, 01:38:36 pm

Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on July 14, 2025, 11:02:22 pm
Thank you - they did inform me, albeit only after I asked but, as the notice of discontinuance was dated today, they would just say they were going to inform me. I think I've got the result I wanted, which is that the claim won't go ahead. Thank you for your helpful guidance all this time.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: jfollows on July 14, 2025, 09:16:51 pm
They take you to court because they want to frighten you into paying, you didn’t fall for that.

They take you to court because they hope you will ignore the court, and then they apply for a judgment in default, you didn’t fall for that.

They discontinue but don’t tell you, are you going to fall for that?

You can turn the tables on them and threaten them with a court hearing for not informing you, which you will discontinue for £hundreds, because they won’t want their cost of £hundreds to attend.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: jfollows on July 14, 2025, 09:10:25 pm
You can see the date at the bottom is today's date so I assume they just realised they hadn't paid the fee so had no choice but to discontinue.
No, this is a deliberate tactic.
They take you to court hoping you screw up and don’t reply, in which case they apply for a default judgment against you.
If you file a defence, they wait until the last possible day and discontinue rather than paying the court fee.
They never had any intention of turning up at your local court and making a case against you.
They are unpleasant people who only want your money.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on July 14, 2025, 09:06:56 pm
You can see the date at the bottom is today's date so I assume they just realised they hadn't paid the fee so had no choice but to discontinue.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: jfollows on July 14, 2025, 09:05:01 pm
When did they file that notice and why did they not inform you at the time?

If they didn’t inform you, you may have a reason to take them to court.

They demanded £460.16 from you, didn’t they?

Why don’t you demand £500 from them now?
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on July 14, 2025, 05:53:06 pm
Success! I wrote to Moorside Legal and they wrote back today confirming they have filed a notice of discontinuance with the court (link below).

Please let me know if I need to do anything else - I assume not but just in case.

Thank you for all your help.

https://imgur.com/a/f9ngifD
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: b789 on July 10, 2025, 04:01:52 pm
Is the person have been speaking to at the local court or at a central calls centre?

If you want to contact DCB Legal, then you can do so. I would't do anything until the deadline for WS submission has passed. No point you submitting yours before theirs. Even if they submit on the last day, you can submit yours a day late. It is small claims track and they are more flexible, especially for laypeople.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on July 10, 2025, 02:20:36 pm
Hi, thank you :) The hearing has not been vacated and the case is not showing as struck out in the system, hence the court representative's advice that I should proceed as if it is still continuing. My point about contacting the solicitors isn't to allow them to recover from their failure, they wouldn't be able to pay or request payment now as the deadline has passed. It was just to get confirmation on whether they had requested it or not. If they hadn't, I wouldn't need to worry further as the claim would automatically be struck out, even if it was only struck out at the hearing.

Just wasn't sure what to do, happy to hear your recommendation.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: b789 on July 10, 2025, 02:10:56 pm
It's not for you to contact them or prompt them to try and recover from their failures. Call the court again today. If it is not showing as having been paid, then it hasn't been paid. Electronic payment is instantaneous these days.

Did they say the hearing is still listed?
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on July 10, 2025, 01:45:28 pm
Thanks again, I hope it will be struck out too but in the meantime I'm apparently to act as though it continues. I think the only evidence I would have to submit would be the photo showing the blank section between two sections of double yellow line, and perhaps the correspondence I had with the claimant's solicitors, so that shouldn't take long.

Do you see any harm in emailing the claimant's solicitors to seek confirmation of whether they have indeed paid the fee or requested payment? I agree with your point but the backlog in the court system isn't the claimant's fault so the court would honour the payment if it had been requested before the deadline.

Best wishes
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: b789 on July 09, 2025, 01:05:30 pm
Well, the order says that if the trial fee has not been paid, then it is struck out. It does not say if the trial fee payment has been requested. If this goes to a hearing, I'll eat my hat.

Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on July 09, 2025, 12:08:10 pm
Thank you. I called again and was advised that I should continue as though the claim is still proceeding, as it has not been updated as struck out on the system, and the hearing date is still live. Although no fee has been paid on the system, they cannot rule out that the claimant had requested payment from account via email within the deadline - they would not have a record of this and there is a huge backlog.

Is there any harm in emailing the claimant to request confirmation whether they have paid the fee or not?

Otherwise, the court representative said I should just proceed with submitting my evidence, as sometimes the case is only struck out at the hearing! They did comment how inefficient the system was...!
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: b789 on July 08, 2025, 10:47:25 am
Keep phoning the court today and tomorrow. If the trial fee has not been paid, then the claim is automatically struck out.

Ask whether the hearing has been vacated.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on July 08, 2025, 10:20:52 am
Hello again! I called the court this morning and it appears no payment has been logged on the system. However, they mentioned that some companies may request payment to be taken from an account by email and that, if the email was received in time, it would still be processed. So I have emailed the court for confirmation on an urgent basis. Not sure when I'll hear back but the evidence is due in by 17 July if the case does continue. Would you recommend awaiting the court's response?

Best wishes
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: b789 on June 26, 2025, 07:16:41 pm
OK. So you now know the Court which will hear the case is Clerkenwell & Shoreditch. The hearing is set for 12:00pm Monday 4th August. The parties must submit their witness statement bundles no later than 4pm on Thursday 17th July. And the most critical date of all... the claimant must pay the trial fee no later than 4pm on Monday 7th July.

So, unless you hear otherwise, by way of a copy of an N279 Notice of Discontinuation before then, you should call the court on Tuesday 8th July to confirm whether the claimant has paid the trial fee and if hearing date has been vacated.

Let us know the situation then.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on June 26, 2025, 07:03:35 pm
Hello again and with many thanks for your continued help and support! :)

I have received a notice of allocation to the small claims track (hearing) - available here: https://imgur.com/a/vmp8pYR

Hearing date set for 4 August with evidence to be provided by 17 July.

Grateful for any recommendations of how best to proceed.

Best wishes
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: b789 on May 17, 2025, 03:37:31 pm
The odds of this ever getting as far as an actual hearing are less than 1%.

The Clerkenwell & Shoreditch County Court is commonly used as a centralised court for allocation and case management in civil small claims proceedings, particularly those originating from CNBC issued claims. This means it often acts as a regional clearinghouse or administrative hub for early-stage case allocation, directions questionnaires, and initial judicial case management — especially for litigant-in-person small claims transferred from Northampton.

• The Notice of Transfer of Proceedings often specifies Clerkenwell & Shoreditch for "allocation" purposes only.

• After allocation (i.e. after a judge reviews the Directions Questionnaire or issues Directions), the case is usually re-transferred to the defendant’s home court, or the court deemed most convenient by the judiciary, particularly when a hearing is necessary.

• Clerkenwell & Shoreditch does handle some hearings, but it is not necessarily where the hearing will take place — unless both parties are local or the judge explicitly orders it.

Regarding Hendon (NW London):

• Hendon Magistrates’ Court does not handle civil small claims. Although it may share a building with other services, it is not a venue for county court hearings.
• Civil matters (including small claims) for residents in Hendon or NW London are typically heard at Willesden County Court, Barnet County Court, or Edmonton County Court (Wood Green has been partially absorbed or functionally replaced by Edmonton in many cases).

Clerkenwell & Shoreditch is likely being used as an administrative centre for allocation only. If a hearing is required, it will likely be re-transferred to your nearest county court with civil jurisdiction (e.g., Willesden, Barnet, or Edmonton).

You don't need to worry at this stage; no hearing will be held at Clerkenwell & Shoreditch unless specifically ordered.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on May 17, 2025, 03:21:01 pm
Thanks for this tip, I'll try calling. I'm in Hendon, NW London, and I think Hendon Magistrates Court is serving as an extension to Wood Green County Court, which would be my nearest. Other than that, my nearest would be Barnet or Willesden.

I'm still hoping Moorside will drop the case, of course, or that the court will throw out the claim before it gets to hearing stage. I haven't replied to Moorside on their last email.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: b789 on May 17, 2025, 03:15:16 pm
Which would be your local county court? We have seen a lot of cases transferred to St Helens county court recently. These end up as telephone or video link hearings.

You can call the CNCB and ask them why has this been transferred to a court that is nowhere near your residence.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on May 17, 2025, 01:17:10 pm
Hi! I've received a Notice of Transfer of Proceedings - looks as though the matter has been moved to a court which is nowhere near me. Oh well! https://imgur.com/a/4skFQdR
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: DWMB2 on May 12, 2025, 12:54:49 pm
Their first offer was to settle for £200 and now they’re offering to settle for £250.
If you give it a week or so they might meet you in the middle and offer to settle for £300...  ::)
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: b789 on May 12, 2025, 12:47:57 pm
You don’t need any more evidence that you are dealing with a firm of incompetents. Their first offer was to settle for £200 and now they’re offering to settle for £250.

Has the claim been allocated to your local county court yet?

I wouldn’t waste any more time on these useful idiots. Wait for them to discontinue or for the claim to be struck out.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on May 12, 2025, 11:25:34 am
Hello! A reply from Moorside to the drop hands settlement offer (which is slightly ridiculous as it's more than they offered to settle for originally!) - most grateful, as always, for your advice.

The message from Moorside:

"Without Prejudice Save As To Costs

Dear

Thank you for your email.

Whilst our Client is willing to proceed to Court, similarly, we are open to avoiding unnecessary judicial time and costs.

Although we can't accept a drop-hands order, I appreciate the open offer made.

As such, we are instructed to settle the matter.

The current outstanding balance is £460.16.

As a one-off, we will reduce the balance to £250.00. This would cancel any hearing, and the matter will be closed.

I have updated our system."
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on May 02, 2025, 12:07:34 pm
Amazing! Thank you!
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: b789 on May 02, 2025, 12:04:38 pm
Respond with the following to help@moorsidelegal.co.uk and CC in yourself:

Quote
Subject: Claim No. [Claim Number] – Open Settlement Offer (Drop Hands)

Dear Sirs,

I write regarding the above claim. The Particulars of Claim served in this matter are generic and non-compliant with CPR 16.4(1)(a) and Practice Direction 16 paragraphs 7.3–7.5. They fail to disclose a valid cause of action or provide the essential information required for the Defendant to understand the case to be met.

I consider the claim to be misconceived and liable to be struck out under CPR 3.4(2)(a) and/or CPR 16.4.

Nevertheless, in the interests of avoiding unnecessary judicial time and costs, I make the following open offer: that each party discontinues proceedings and bears their own costs — a drop hands settlement.

This offer is made openly and may be shown to the court at any stage, including at a costs hearing under CPR 27.14(2)(g), in the event the claim is discontinued or dismissed.

I trust this offer will be given due consideration.

Yours faithfully,

[Your Full Name]
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on May 02, 2025, 11:37:50 am
Hello! I have received the following from the claimant's solicitors - do I just email back to decline?

"Without Prejudice Save as to Costs
Dear Sirs,
We email to propose a settlement offer.
Whilst we are willing to present our evidence to the Court, as a gesture of goodwill and to put this matter at rest, we propose a settlement.
The current outstanding balance is £460.16
Our final offer is £200.00
Should you decline this offer, we will present our evidence to the Court, requesting the full outstanding balance and further costs including hearing fee expenses.
This offer cannot be accepted at Court.
Please confirm by replying to this email, and we will update our systems."

Thank you and best wishes :)
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: b789 on April 28, 2025, 06:09:54 pm
Since the case is still at the CNBC and not yet transferred, you do not need to submit a fresh N180 Directions Questionnaire.
Instead, you should send a short formal email to caseprogression@justice.gov.uk and CC in yourself.

Email address to use: CaseProgression.CNBC@justice.gov.uk

Subject line: "Claim No: [1234567890] – Update on Dates to Avoid for Hearing.

Quote
Claim No: [Insert Claim Number] – Update on Dates to Avoid for Hearing

Dear Sir or Madam,

I write regarding the above claim number.

When I completed my Directions Questionnaire, I had no dates of unavailability to declare. However, I have since booked holiday and respectfully request that the court considers the following dates as unavailable for any hearing listing:

Dates unavailable: [insert full dates, e.g., "15th August 2025 to 29th August 2025 inclusive"]

I apologise for any inconvenience caused and trust this update will be added to the file to assist with listing arrangements. Should the Court require any evidence of the booking, I am able to provide this upon request.

Thank you for your assistance.

Yours faithfully,

[Your Full Name]
[Your Address]
[Optional: Your phone number]

Make sure you add a few days either side of the dates requested just in case of any issues.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on April 28, 2025, 04:38:14 pm
Hi! I had my mediation call, which went exactly as you described - thank you. I have a question: the directions questionnaire asked for dates I wouldn't be available for a hearing. At the time, I didn't have any unavailable dates but have since booked holiday. Is there somewhere I can email to update the court? Many thanks as always.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: DWMB2 on April 16, 2025, 12:39:49 pm
I wouldn't get into any protracted discussion about the merits of your case or the substance of your defence. The claimant has had a copy of your defence, and you can make clear that you stand by the points you made in your defence, and that because you do not believe you owe the claimant anything, you are only prepared to offer £0.

The mediator's job is to try and get the parties to settle. You don't want to, so don't let them convince you to.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on April 16, 2025, 12:35:45 pm
Hi :) I have my mediation call tomorrow, is there anything I need to be aware of, or is it literally just saying "£0 offer" and that will be it? Sorry for the question, nervous for it as I've not done this before! Thank you as always :)
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: b789 on March 21, 2025, 05:20:05 pm
Yes, you clearly must copy in the claimants representative. If I have not corrected the email address in the advice, then you can use logic to determine which claimant representative to send it to.

As for F2, do you have an "expert witness" that you intend to rely on that will be in court with you, assuming this ever progressed that far? (highly unlikely)
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on March 21, 2025, 04:41:39 pm
Hi, thank you - just to flag, I think this is a response to an earlier question, just to flag my follow-up query:

Thank you! Silly question but I assume F2 is "no" for asking the court's permission to use written evidence from an expert witness? Also, I see the reply quoted, from a different case with a different claimant, says to copy the claimant's solicitor (I assume this is the dcblegal email address), so I assume I should also copy Moorside, who are the claimant's solicitors in my case.

Thank you!
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: b789 on March 21, 2025, 04:19:43 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: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between dou
Post by: andrewb1218 on March 21, 2025, 12:54:47 pm
Thank you! Silly question but I assume F2 is "no" for asking the court's permission to use written evidence from an expert witness? Also, I see the reply quoted, from a different case with a different claimant, says to copy the claimant's solicitor (I assume this is the dcblegal email address), so I assume I should also copy Moorside, who are the claimant's solicitors in my case.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: jfollows on March 21, 2025, 12:25:33 pm
Advice on how to complete N180 DQ at https://www.ftla.uk/private-parking-tickets/cpm-parking-pcn-no-permit-bow-london-money-claim-issued/msg62553/#msg62553

Quote
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.

I’m just quoting from b789’s earlier post.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on March 21, 2025, 12:21:32 pm
Hello legal eagles! I have received the Notice of Allocation to the Small Claims Track (link below) - please could I ask your advice on completion of the directions questionnaire?

https://imgur.com/a/u2PPfix
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: b789 on March 18, 2025, 03:41:37 pm
You could write back to them and explain in great detail the consequences to their business if they are reported to the SRA and how it could affect their future income, or lack of it… and so on.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: jfollows on March 18, 2025, 10:19:23 am
Yes, just scare tactics, especially by underlining CCJ at least twice which is pretty much totally irrelevant.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on March 18, 2025, 09:01:53 am
Hello legal gurus! I received the attached (in link) correspondence from Moorside Legal - I assume I can safely ignore this and just wait for the next steps from the court, just wanted to double check

https://imgur.com/a/7swbFeg
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: b789 on March 06, 2025, 01:17:40 pm
Everything normal. The next you will hear from the CNBC will be your Directions Questionnaire.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on March 06, 2025, 08:27:55 am
Hello, hope this finds you all well! I have submitted the defence as suggested and the moneyclaim.gov.uk site appears updated correctly for the case. I am just attaching the link here to double check everything looks as it should, and to ask whether I need to take any further actions in respect of notifying the claimant or whether the court does this as part of its process.

Thank you again!

https://imgur.com/a/lSPn3jG
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: b789 on February 28, 2025, 12:40:19 pm
Defences submitted in response to a claim issued by the Civil National Business Centre (CNBC) are addressed to "The County Court" because the CNBC is acting as an administrative arm of the County Court system rather than as a separate entity. The CNBC is not a separate court, but since it acts on behalf of the County Court system, defences are formally submitted to "The County Court" rather than to CNBC itself.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on February 28, 2025, 12:28:00 pm
Hello again - sorry for the silly question but just wanted to note that the claim form is issued "In the Civil National Business Centre" rather than a county court. Does this affect anything, or should I just change this wording in the Defence document? Many thanks again!
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: b789 on February 24, 2025, 05:03:35 pm
In the highly unlikely event that this claim went all the way to a hearing without being struck out or discontinued, you would still be able to counter any argument raised in the claimants Witness Statement (WS) the refer to the alleged breach of contract.

These ex-clamper unregulated private parking companies use bulk litigation firms that are staffed with incompetent wannabe legals and it amuses us no end when they repeatedly issue claims that fall foul of the Civil Procedure Rules.

You will be notified by the court when the defence has been submitted to the claimant and then you will hear from the claimants solicitor, Moorside Legal, that their client intends to proceed. After that, you will receive a Directions Questionnaire (DQ) and then a telephone appointment for a useless mediation session. The mediation is not part of the judicial process and no judge or solicitors are involved and you will simply offer £0 and it will be over in minutes. It has no bearing on anything going forwards.

After the mediation call, the claim will be transferred to your local county court and that is when a car management judge will review it and more likely than not, strike out the claim. In the very unlikely event that it is not struck out, the claimant would more likely than not discontinue before they have to pay the hearing fee.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on February 24, 2025, 04:36:37 pm
Thank you so much! It is very interesting to see these technicalities that will be relied on, rather than the substance I had assumed would be the defence (the double yellow lines etc.)!

To address your question: no, I have not made any representation that I was the driver of the vehicle.

Once I submit the paperwork, I assume that I will be notified further by the court.

Many thanks once again for your kind assistance :)
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: b789 on February 24, 2025, 04:22:22 pm
Please tell us that the Keeper is not identified as the driver. The Notice to Keeper (NtK) is not PoFA compliant and PCMUK had absolutely no idea of the drivers identity unless the Keeper blabs it to them, inadvertently or otherwise by referring to the the driver as "I" instead of in the third person as "The driver". As the is no legal obligation on the Keeper to identify the driver, PCMUK would have no-one to sue. They are not allowed to infer or presume that the Keeper must also be the driver.

So, have you, the Keeper, identified the driver?

The Parking Charge Notice (PCN) also does not comply with the BPA/IPC Private Parking Single Code of Practice (PPSCoP) and was therefore not valid. Points, amongst others that can be dealt with later if this claim is not struck out at allocation stage for the incompetent failings of the intellectually malnourished ejects at Moorside Legal.

With a claim issue date of 7th February and having submitted an AoS in a timely manner, you have until 4pm on Wednesday 12th March to submit your defence.

Here is the defence and link to the draft order and relevant transcripts that go with it. You only need to edit the claimant's name (as it appears on the claim form), your name and the claim number. You sign the defence by typing your full name for the signature and date it. There is nothing to edit in the draft order.

When you're ready you send all the documents as a single PDF attachment (in the order of 'defence', 'draft order' and then the 2 'transcripts') in an email to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be in the email subject field and in the body of the email just put: "Please find attached the defence and draft order in the matter of Parking Control Management UK Ltd v [your full 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 adequately disclose any comprehensible cause of action.

2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not comply with CPR 16.4(1)(a).

3. The Defendant is unable to plead properly to the PoC because:

(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16(7.5);

(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;

(c) The PoC do not adequately set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts)

(d) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;

(e) The PoC do not state precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;

(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;

(g) The PoC do not provide 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. 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.

5. The Defendant attaches to this defence a copy of a draft order approved by a district judge at another court. The court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4.(1)(a). The judge noted that the claimant had failed to:

(i) Set out the exact wording of the clause (or clauses) of the terms and conditions relied upon;

(ii) Failed to explain the reasons why the defendant was allegedly in breach of contract;

(iii) Provide separate, detailed Particulars of Claim as permitted under CPR PD 7C.5.2(2).

(iv) The court further observed that, given the modest sum claimed, requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, the judge struck out the claim outright rather than permitting an amendment.

6. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim for the Claimant’s failure to comply with CPR 16.4(1)(a).

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:

Draft Order for the defence (https://www.dropbox.com/scl/fi/zc23txk7poctyyxiv2ytx/Strikeout-order-1-a-v2.1.pdf?rlkey=pancly3z6zwqt2cra5rvvh3ls&st=nq7a58tz&dl=0)

CEL v Chan Transcript (https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=i8dnbod3&dl=0)

CPMS v Akande Transcript (https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=qi4lv3fv&dl=0)

If you want an editable MS Word file with everything in a single document which you can then save/export as a single PDF file when ready to send, use this:

MS Word .docx file for defence [CPR 16.4(1)(a)] (https://www.dropbox.com/scl/fi/krubcbnf27bsis66pq4yg/Short-defence-strikeout-CPR16.4-1-a-3.docx?rlkey=z87f3h8is3hgnp7sqr8plsz99&st=ldawlubu&dl=0)
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on February 24, 2025, 02:32:30 pm
Thank you! Apologies, I had read this but neglected to redact my images. Now done.
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: DWMB2 on February 24, 2025, 02:22:16 pm
Welcome to FTLA.

To help us provide the best advice, please read the following thread carefully and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
Title: Re: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: jfollows on February 24, 2025, 02:07:18 pm
I suggest you redact/obscure some of the details such as your name, address and MCOL password.

Also, can you post suitably redacted copy of the original PCN? Don’t obscure any dates, please.
Title: Claim form issued - Parking Control Management UK Limited - parked in unmarked space between double yellow lines
Post by: andrewb1218 on February 24, 2025, 01:38:36 pm
Vehicle was parked on space between double yellow lines that I believe was intentionally done to lure drivers to park there so the company could issue tickets. Links attached to photos of the parking restriction notice and the area where vehicle was parked. I ignored initial correspondence from the company, then engaged in email correspondence with Moorside Legal (representing the company) (link to correspondence attached), and now they have issued a claim against me on 7 February (link to claim form attached). Acknowledgement of Service entered online on 17 February. Links attached. Very grateful for advice on how to proceed.

https://imgur.com/a/claim-form-2IFF1Tv

https://imgur.com/a/moorside-legal-correspondence-ut4VdHq

https://imgur.com/a/parking-restriction-notice-qaFYTX4

https://imgur.com/a/area-where-car-was-parked-Svk0idU

https://imgur.com/a/7u8jk3h