Free Traffic Legal Advice

Thanks HC Anderson - other than the response to the letter of claim I've not corresponded with Moorside legal. 

I have only followed B789's advice about complaining to various bodies like the DVLA or my MP etc, for which I am very grateful, but I'm happy to leave it at this if pursuing this line is considered to be further engaging with the scammers or if this sort of advice is keeping both of you from helping those who have more pressing cases.  Do let me know.

Thanks!

Finally got a reply from my MP:

Dear Name,
 
Thank you for your previous correspondence regarding private parking companies, please see attached a response from the Minister.

In his response, he outlines that if you believe Saba Limited’s actions constitute a breach of the code of practice, you should contact their trade association, the British Parking Association (details are available on their website: httos://www.britisnparking.co.uk/)

He also outlines how you may appeal this charge through Saba’s appeals process, and if this is unsuccessful, how you may further appeal via Parking on Private Land Appeals (POPLA) which is a second stage appeals service of the BPA.

On 11 July the Government published a consultation document setting out its proposals for raising standards across the private parking industry ahead of preparing a code of practice and an accompanying compliance framework for private parking operators.

The Government's proposals seek to better protect and support motorists whilst balancing the legitimate needs of private parking operators to manage car parks. In his response, the Minister states he| would very much welcome your contribution to this consultation. The consultation ends on 5 September.

Please see here: https://www.gov.uk/government/consultations/private-parking-code-of-practice/private-parking-code-of-practice

I hope this reply is helpful and that you do take part in the consultation.

Yours sincerely,

The Minister's letter is here:  https://imgur.com/a/cxBuiex (Just redacted my name throughout).

Nothing yet from anyone else.

Hi all, finally got a response from Moorside Legal via email - although they appear to only be responding to part of the letter than requests further details, and have not addressed at all the issue of the validity under criminal v civil law.

Our reference: 10211180
Our client: Saba Park Services UK Limited

We have responded to your questions below.

1. An explanation of the cause of action

Our client has instructed us to collect the outstanding balance of £170.00 in relation to an unpaid Parking Charge Notice.

2. Whether they are pursuing me as driver or keeper

Please see the attached Notice to Keeper.

3. Whether they are relying on the provisions of Schedule 4 of POFA 2012

We are instructed that a compliant PCN was sent. In accordance with the Protection of Freedoms Act 2012 Schedule 8 (6) "A notice sent by post is to be presumed... to have been delivered (and so “given”... on the second working day after the day on which it is posted. 

4. 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 calculated

The PCN was issued for FAILING TO OBTAIN A VALID TICKET OR CASHLESS PARKING SESSION at HEMEL HEMPSTEAD MAIN on the 12-Sep-24.

5. 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.

The Terms and Conditions on which Saba Park Services UK Limited's services are provided are clearly displayed throughout the private land. Please be advised that there are several signs within this location displaying the terms and conditions,  As you breached the terms and conditions of the car park, this PCN was correctly issued. Considering the evidence, we are satisfied that the PCN has been issued in line with industry standards and is compliant with the International Parking Community’s (IPC) code of practice. The signage of the car park also complies with the International Parking Community’s Code of Practice.

By entering and parking the vehicle on our client's private land, you agreed to enter into a contract with our client and to be bound by the terms and conditions of that contract. The terms and conditions were clearly displayed at the entrance and in prominent places within the car park. Due to your failure to comply with the terms and conditions, our client has issued the PCN.

6. If the claim is for a contractual breach, photographs showing the vehicle was parked in contravention of said contract.

Please see the attached images.

7. Is the claim for trespass? If so, provide details.

N/A

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).

It is unclear why you would need to inspect any agreement between our client and the landowner as you are not party to that agreement, not could it aid your dispute or any potential defence.

9. A plan showing where any signs were displayed

We have requested this and will send in due course.

10. Photographs of the signs displayed (size of sign, size of font, height at which displayed) at the time of any alleged contravention.

See above.

11. Provide details of the original charge, and detail any interest and administrative or other charges added.
Please be advised that the original amount of the PCN was £100.00. As outlined in the notice, a reduced amount of £60.00 would have been accepted as full and final settlement if payment had been received within 14 days from the date of issue.
Unfortunately, as no payment was received within that time frame, the opportunity to pay the reduced amount has now expired. As a result of continued non-payment and additional charges, the balance has increased and now stands at £170.00.
12. Am I to understand that the additional £70 represents what is dressed up as a 'Debt Recovery' fee, and if so, is this net or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

The additional charge which has been levied on your Parking Charge of £70 is the amount set out in both the British Parking Association and International Parking Community Codes of Practice as the amount which may be added to a Parking Charge when a Parking Charge remains unpaid and when further recovery is required. Our Client is a member of the International Parking Community which is a government approved Accredited Trade Association (ATA) for Private Parking. Our Client adheres to the ATA’s Code of Practice. The £70 does not represent the cost of recovery but is a reasonable amount in relation to the Parking Charge amount, in order to encourage early payment of the Parking Charge without the need for debt recovery. It is a fair amount set by our Client’s government-approved Accredited Trade Association Code of Practice. There are however also costs incurred by our client in relation to debt recovery services.

13. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

By entering and parking the vehicle on our client's private land, you agreed to enter into a contract with our client and to be bound by the terms and conditions of that contract. The terms and conditions were clearly displayed at the entrance and in prominent places within the car park. Due to your failure to comply with the terms and conditions, our client has issued the PCN therefore if we are instructed to issue a claim the reason would be for Unpaid parking charges/ breach of contract.

Please note that we will not be addressing any further correspondence related to disputes of the same nature, as we have already provided you with a response. However, should you wish to raise a new dispute, we will investigate the matter further and respond accordingly.
 
You can make payment in the following ways:
 
Contact us on 0330 828 5850 (our opening times are Monday- Friday 9:00- 17:00);
Register online at www.moorsidelegal.co.uk;
Customer Portal - Quick Pay (moorsidelegal.co.uk)

If you fail to respond or make payment, we may be instructed by our client to issue legal proceedings against you. This will incur further costs and fees that will be added to the outstanding balance.

You may wish to seek independent legal advice.
 
Yours sincerely

Moorside Legal

Sophie
Collections Administrator

To the email they have attached the Saba letter from the 25th October https://imgur.com/a/ZYfn1sB as well as two black and white photographs of my car which I had not seen before.  https://imgur.com/a/qb4aN5A

Hello everyone and thanks again b789 for your help, just a quick update on the actions suggested here that I have taken over the last few days.

I have sent the complaint to the DVLA - their server kept throwing up an error when I tried to load the pdf so I merely copied the statement you kindly provided into the text box below the summary as there is enough room.  I have had the automatic response from DVLA saying it's been received.

I emailed the response to the LoC to info@moorsidelegal.co.uk, copying in Saba and myself.  I put a delivery and read receipt on the email.
The email was delivered to myself and Saba. I received both the delivery receipt and Saba's own automatic response template.

I got an outlook delivery failure for Moorside Legal, though:  "Your message couldn't be delivered because the recipient's email server (outside Office 365) suspected that your message was spam."
I tried again using help@moorsidelegal.co.uk and got the same response which was confusingly followed by an automatic response to say that the email had been received and a read receipt from outlook.  At least I know it got to the company, even if it wasn't the info address.  I will assume whoever manages the help inbox will forward it to the correct department.

I have written to my MP via email using the templates provided in this thread and received an automatic response that it had been received.

Now we just wait for someone to reply, I suppose.

Thanks again, b789, for your template letters and briefings.  I can't believe you all do this for free and I am very grateful.

b789 gave you the opportunity to get on the front foot, but it's not been taken.
Do it now. You'll at least have the satisfaction of fighting back when otherwise all you can do is respond(by posting here for information) to their comms.

Thanks, I'll be following the advice from b789.

In the mean time, should I ignore the Letter of Claim dated 6th May? I thought that was a bad idea based on some other threads on here.

Regards,

Hello me again!

Apologies for resurrecting this old thread, but it appears the debt collectors haven't given up yet. I received another debt collector's letter yesterday.  This time from Moorside Legal. https://imgur.com/a/negg9hQ

The last correspondence I had was from ZZPS on 30th December 2024 and text on 6th January 2025.  Saba and PayMyParkingCharge have not responded to my appeal that I issued on paymyparkingcharge website on 31st October 2024. 

I have not responded to any letters or engaged with any messages.  Should I be worried now that they are talking about County Court Claims and CCJs? 

Your insight, as always, highly valued.

Did you follow the advice of @M456 as noted above, which should have been your Plan A?

Yes I did I have called that number several times in December - they give you a menu and there isn't an option for 'cancelling parking charges' so I tried various departments before giving up.  I spoke to several customer service agents who all said they can't help.

HOWEVER!  Your reminder did help in that last night I happened to be driving past the store and just popped in and asked politely what we could do. They have cancelled the charge.

The lady I spoke to said if I can show I did spend money in store that day and stayed for less than 3 hours, they'd cancel it no questions asked.  The parking charge letter had my entry and exit times and it was well under the 3 hours (although I now know the signage states only 1 hour!).  She wrote on the parking charge letter itself her name, the date, and that she'd seen evidence that I'd been a customer - she said a receipt is best but she was happy to just see the transaction on my banking app to prove I had been a customer on that day). 

She then kept the letter after I took a photo of it for my own records.  She placed it on a whole pile of letters that looked the same so I guess this is a common thing at that Asda.  I asked if they would contact me and she said no, she doesn't think so, but that I should be assured it's been cancelled.  I suppose it will take a few days for the Horizon Portal to update.

So I think the advice should be go direct to the store if you can.

Thanks again everyone for your help.  We can call this one a success.

I know I am not meant to engage with the debt collectors (so I won't unless you tell me otherwise?), however they are now texting me - received today as follows:

Re: 142882414

Please contact ZZPS Limited in relation to a personal business matter and quote the above reference number.

You can reply to this SMS or phone us on +44 1932 918916.

ZZPS Customer Services

I don't know how they got my phone number or email address - presumably from when I submitted the appeal but who knows.  I'm usually diligent about unchecking boxes that allow people to contact me.

I'll do nothing unless you all advise something different.