#8 Re: Parking Control Management ltd PCN received with disable badge displayed
on 20 Oct, 2025 15:34 in Private parking tickets
Quote from: b789 on 16 Oct, 2025 21:41You can email back to the morons at Moorside at help@moorsidelegal.co.uk and cc yourself with the following:QuoteFor the attention of: the person with conduct of this matterRe: Your defective reply to your own Letter of Claim – demand for proper PAPDC complianceDear Sirs,Your latest missive is an object lesson in how not to engage with the Pre-Action Protocol for Debt Claims (PAPDC) and the Practice Direction on Pre-Action Conduct and Protocols (PD-PACP). It neither addresses the requests set out in my response to your Letter of Claim, nor provides the documents you are obliged to disclose. Instead, you point me to a third-party web portal (which I have already stated I will not use), recite trade-association boilerplate about add-on charges, and then compound matters by demanding two different totals in the same letter (£170 and £340). This is not competent pre-action conduct.Identify the author and person with conductWho wrote that response? Kindly have the individual who authored it identify themselves in full, state their role, and provide their SRA number (if any). If the author is unauthorised to conduct litigation, confirm the supervising solicitor who is responsible, with their SRA number. Put another way: who at your firm is willing to put their name to that letter and take responsibility for it?Protocol and Practice Direction breachesYou have still failed to comply with PAPDC ¶¶3.1(a)–(d), 5.1–5.2, and PD-PACP ¶¶6(a) & 6(c). I asked—expressly and properly—for the core documents and information that any litigant must supply so the parties can understand each other’s position and attempt proportionate resolution. Instead of providing:1. the NtK relied upon for any alleged PoFA liability,2. the actual signage in place on the material date (not a stock image),3. the precise contractual clause(s) allegedly breached,4. the landowner authority/contract, and5. a coherent breakdown of the principal sum and the basis in law for any add-ons,—you offered none of it. You even asserted it is “unclear” why I would need to inspect your client’s standing to operate. It isn’t unclear; it is elementary. Locus standi is a threshold issue. If you cannot grasp why authority to contract and to sue matters, please pass this letter to a responsible adult at your firm who does.Web portalsI will not engage with any web portal. That position has been stated and is entirely reasonable. Your pre-action obligations are not satisfied by outsourcing disclosure to an “evidence” portal. Send the documents by email or post.Incoherent and inflated sumsYour letter simultaneously asserts an “outstanding balance” of £170 and demands payment of £340 within 7 days. Which is it? If you intend to place contradictory figures before the court, that is your prerogative, but do not expect the court to be impressed by arithmetic this poor.Your reliance on ATA codes to justify a £70 “debt recovery” add-on is legally irrelevant. Trade-association codes are not law and cannot expand recoverable damages under contract or statute. Courts have repeatedly disallowed such add-ons as an abuse (see, e.g., Excel v Wilkinson [2020], and numerous small-claims decisions following it). Any attempt to plead the extra £70 (or to double it, as your £340 demand suggests) will be challenged and treated as unreasonable conduct.Next stepsYou were already told that, upon receipt of a compliant Letter of Claim and the documents requested, I will seek advice and provide a full response within 30 days, as the PAPDC contemplates. Instead of complying, you sent marketing copy and payment links. If you issue proceedings without first complying with PAPDC and PD-PACP, I will apply for an immediate stay pursuant to PD-PACP ¶15(b), seek an order compelling the missing documents, and invite the court to impose appropriate sanctions and costs (see Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch); Daejan Investments Ltd v Park West Club (2003) EWHC 2872; Charles Church Developments Ltd v Stent Foundations [2007] EWHC 855).Separately, your persistent refusal to comply with pre-action obligations, your attempt to force a portal, your presentation of contradictory balances, and your pursuit of unrecoverable add-ons will be the subject of a report to the SRA. This correspondence and your original Letter of Claim will be produced in support if you proceed to issue.What you must now do (14 days)Within 14 days, provide by email or post:• the NtK relied upon (showing strict PoFA compliance, if alleged),• contemporaneous photographs of the signage in situ on the material date,• the exact contractual clause(s) allegedly breached,• the landowner contract/authority to operate and to litigate, and• a clear, lawful breakdown of the principal sum (with the legal basis for any sum above the face value of the PCN, which is denied).Failing that, treat this as your final opportunity to rectify your non-compliance. If you remain unable to understand how litigation works, escalate this file to someone at your firm who does.Yours faithfully,[Your name][Your contact details] Replied, thank you!