Show Posts - simbaswift

Quote from: b789 on 19 May, 2025 14:38Respond to the LoC with the following by email to info@moorsidelegal.co.uk and also CC in yourself:QuoteDear Sirs,Your Letter Before Claim contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon and thus is in complete contravention of the Pre-Action Protocol for Debt Claims.I am the registered keeper of the vehicle. I am not obliged to identify the driver and I decline to do so. As there is no legal presumption that the keeper of a vehicle was its driver on any particular occasion, your client cannot pursue me as driver as per VCS v Edward (2023) [H0KF6C9C].If your client is seeking to rely on Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) in order to hold me liable as keeper, they are unable to do so. The initial Notice to Keeper was not received, as I had moved address and the V5C logbook had not yet been updated with the DVLA at the time of the alleged contravention. As such, no PoFA-compliant NtK was served within the timeframes required by paragraph 9(5) of the Act. Even if your client were to issue or re-send a copy now, it would be well outside the statutory period and would not remedy the defect. Your client is therefore unable to rely on PoFA to establish keeper liability.As your client cannot pursue me as driver or keeper, it would be an abuse of the court’s process for your client to issue a claim against me and I will defend any such claim vigorously and seek costs in relation to your client’s unreasonable and vexatious conduct under Part 27.14(2)(g)Because your letter lacks specificity and breaches the requirements of the Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2) as well as the Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)), you must treat this letter as a formal request for all of the documents/information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol.As solicitors you must surely be familiar with the requirements of both the Practice Direction and the Pre-Action Protocol for debt claims and your client, as a serial litigator of debt claims, should likewise be aware of them. As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is embarrassing that a firm of Solicitors are sending a consumer a vague and un-evidenced 'Letter of Claim' in complete ignorance of the pre-existing Practice Direction and the Pre-Action Protocol.I confirm that, once I am in receipt of a Letter Before Claim that complies with the requirements of para 3.1 (a) of the Pre-Action Protocol, I shall then seek advice and submit a formal response within 30 days, as required by the Protocol. Thus, I require your client to comply with its obligations by sending me the following information/documents:1. An explanation of the cause of action2. whether they are pursuing me as driver or keeper3. whether they are relying on the provisions of Schedule 4 of POFA 20124. what the details of the claim are; for how long it is claimed the vehicle was parked, how the monies being claimed arose and have been calculated5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.6. If the claim is for a contractual breach, photographs showing the vehicle was parked in contravention of said contract.7. Is the claim for trespass? If so, provide details.8. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the BPA/IPC Private Parking Single Code of Practice (PPSCoP).9. a plan showing where any signs were displayed10. Photographs of the signs displayed (size of sign, size of font, height at which displayed) at the time of any alleged contravention.11. Provide details of the original charge, and detail any interest and administrative or other charges added12. Am I to understand that the additional £60 represents what is dressed up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?13. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13, 15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.Yours faithfully,[Your name]Thank you so much. My car was stolen in 2021 so I am not the registered keeper so shall I just add 'at the time'?

Quote from: H C Andersen on 19 May, 2025 13:31I was checking that they were referencing the same PCN as has featured in the thread..routine diligence!ah I see! I dont believe I've known the PCN reference before (due to car theft, house move etc)

Quote from: H C Andersen on 19 May, 2025 10:17'The details of the PCN(s) can be found in the Schedule...'OP, have blanked out the PCN number and Date of Issue?It was in 2020

Yes I did blank out those details. It just has the number and date? I worried it was a bad idea to share

Thank you. I have attached what they sent. [ Guests cannot view attachments ] [ Guests cannot view attachments ]

Quote from: b789 on 16 Apr, 2025 13:22Ignore them until they issue a Letter of Claim (LoC). What you have received is simply a debt recovery letter from the incompetents at Moorside Legal.I refer you back to this post I made back in November:https://www.ftla.uk/private-parking-tickets/trace-debt-recovery-alliance-parking-2020-i-think/msg46918/#msg46918Thank you. I have now recieved a letter of claim with the form to complete threatening CCJ and 30 days to respond with the form.

Hi againI just received a letter from Moorside legal services. Help? I've attached. I'm guessing I can't ignore this? [ Guests cannot view attachments ]

Quote from: DWMB2 on 11 Dec, 2024 11:23Ignore 'em - it's a Letter of Claim from Alliance or their solicitors that you're keeping an eye out for.Thank you

Me again! I received a third letter from Trace - I've attached below. Presumably this is standard and to not engage? Thank you for your help in advance. [ Guests cannot view attachments ]

ok thank you so much, will do

To clarify, the current post that I received from Trace was sent to my current up to date address

Is it bad to contact them with up to date details if I've ignored the contact from Trace?

Thanks both. From my memory at the time, my friend told me it was free to park and she said to ignore the fine as it was a private car park. Obviously incorrect information and I wasn't there very long. I then had my car stolen and I moved house so I haven't heard anything since - but perhaps it was going to my old address. I moved 15 months ago. I have never replied or engaged with either Alliance or Trace.

I have received a letter from Trace Debt Recovery on behalf of Alliance Parking UK Ltd for a PCN dated June 2020. Since that time I have moved house, had said car stolen (a week later) and I moved to be near my parents as my mum is battling cancer and I spend a lot of time at the hospital - most recently 12 hours a day for weeks on end. I have a vague memory of the time in question, it was during covid and I went to visit a friend before she left for Sri Lanka. I have tried reading all the forums and have seen to ignore Trace as they cannot do anything but I really dont know what to do. I can't afford to pay £160 for a fine I didnt know I had four years ago. Can anyone advise?