Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - Hyperspeed101

Pages: [1] 2
1
Sorry for messaging again and bumping the thread. I never received a N180 form for me to complete, only a completed N180 form from the Paralegal at Moorside. In terms of process, can I ask that by ignoring the email from the Paralegal at Moorside Legal, will that trigger the court to issue me with a N180 form for me to complete and submit?


2
Thanks very much for the response. In terms of the N180 form, is this separate to the claim form that I submitted a month ago?

Sorry for asking, just want to ensure I'm doing it correctly.

3
Sorry to bump the message up the thread, but having re-read the email I received, I have 7 days to respond so tomorrow is the last day. Any and all support would be greatly appreciated.

Thanks

4
Hi all,

Thank you for all the advice given to me to date. I received this email last week and would be keen to know what are the next best steps to take? They've also included in their email an attachment for a CT Form- N180.

Any and all advice would be greatly appreciated





5
Thank you, I'll call them now as I believe I have until the 28th of February to submit a defence claim.

As for not obscuring the details, I didn't think that on this type of forum, someone may look to do that...clearly another lesson learnt.

Thanks again for your advice, really appreciate it

6
Hi all,

So I'm currently trying to defend my claim online and I'm unable to log in with the "Claim No" and "Password" that is provided on the claim form? Is this a commonality, and if so, what is the best course of action?

7
Ok, so just for clarity as I want to ensure that I'm fulfilling this correctly.

Am I using the 7 points as per the original statement, remove paragraph 2 completely and replace paragraph 3 with what you've mentioned above:

"It is admitted that the Defendant is the registered keeper of the vehicle but liability is denied. It is denied that the Defendant is liable as the registered keeper pursuant to Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). The parking of vehicles on the land in question is governed by the Birmingham Airport Byelaws 2021. Accordingly, the land does not meet the definition of "relevant land" as defined by PoFA, meaning the Claimant may not rely on PoFA to recover any charges from the Defendant as the keeper of the vehicle."

Sorry for asking again but just want to ensure correct.

Thanks again.

8
Thanks very much for the response, just for clarity, can I ask if this is what you were referring to in terms of defence?:

"1. The Defendant denies that they are liable for the entirety of the claim.


2. The Particulars of Claim are vague and fail to provide sufficient details of the alleged breach. The Claimant has not specified the contractual terms that were allegedly breached, nor provided evidence of signage, photographs, or a copy of any contract. The claim therefore fails to comply with Civil Procedure Rule 16.4 and should be struck out.


3. It is denied that the Defendant was the driver on the material date. The Claimant has failed to identify the driver and has not complied with the strict requirements of Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) in order to transfer liability from the driver to the keeper. In the absence of such compliance, the Defendant as registered keeper cannot be held liable.


4. The Defendant puts the Claimant to strict proof that:
a. A valid and binding contract existed with the driver.
b. The signage was adequate, visible, and capable of forming a contract.
c. The Claimant had authority from the landowner to issue Parking Charge Notices (PCNs) and to bring legal proceedings.


5. The Defendant further denies that the £100 charge represents a genuine pre-estimate of loss or a proportionate charge. It is an unenforceable penalty and unfair under the Consumer Rights Act 2015.


6. The additional sum of £60.00 contractual costs is an abuse of process.

In Southampton (Claim No. F0DP201T, 11/07/2019, HHJ Taylor), the court ruled that such added sums were unlawful, struck out claims, and held that adding debt collection costs was an abuse.

In Gloucester (Claim No. G4QZ465V, 21/06/2021, HHJ Murch), the judge again ruled that the £60 add-on was an abuse and struck it out.

These judgments make clear that such charges constitute unlawful double recovery, since all costs of collection are already factored into the parking company’s business model and the £100 PCN.



7. The Defendant disputes the Claimant’s entitlement to statutory interest under s69 of the County Courts Act 1984, given that no valid debt exists."


If this is the material for me to use, I do feel like I may have a minor issue. In terms of that defence, there's a couple of points in which I won't be able to include...Whilst I asked for the agreement between client and landowner, I received an email response from Moorside with "Site Entrance" where it highlights signage etc As their email on the 27th of November included one of these pdf's outlining it, can I still use this section?:

"2. The Particulars of Claim are vague and fail to provide sufficient details of the alleged breach. The Claimant has not specified the contractual terms that were allegedly breached, nor provided evidence of signage, photographs, or a copy of any contract. The claim therefore fails to comply with Civil Procedure Rule 16.4 and should be struck out."

Also, in the early parts of this thread, I've made an admission to being in the car, not necessarily said "I drove"- but don't know if this will impact the overall defence claim, should I also include paragraph 3?

I'm sorry for the questions, first and hopefully last time I face this type of issue and I'm keen to ensure I'm following correct steps/guidance

9
Apologies for following up but I'm bumping just because I'm conscious of timelines as I have 14 days and the letter was dated the 9th of February. Could someone please advise what I should be doing as next steps and actions please?

Any and all support would be greatly appreciated.

10
@b789 will reply if you look for “gullible tree”.
Are the rest of us not good enough?

I wasn't looking to cause any offence, I only tagged them as they've been the consistent person supporting me since I first came onto the forum. This is the first time since moving to the UK that I've had this type of instance happen to me so any and all advice is welcome, now that I have a claim form, it's getting more serious and causing myself anxiety as I don't know what to do for next steps and I've got a deadline to get support and respond.

I don't even own the car anymore since the offence.

11
Hi all,

Apologies for not responding to your last message, I didn't get notified that you had responded to my last message and requested to see the response in which I received. This is the Claim form I've received. There are additional pages in which I'm happy to include, but please advise so that I can follow next steps.

@b789- Let me know if you want me to attach the previous emailed response I got from sending through your statement responding to the LOC.

As always, any guidance would be greatly appreciated.





12
So as you correctly predicted, they have sent an email querying the email as to why I would need to inspect any agreement between the client and the landowner, and continued to proceed to outline the reason for the charges.

They have however attached 3 photos of the infringement highlight the car is 50 seconds over the allotted time.

In terms of next steps, they've mentioned that they will not be addressing any further correspondence related to disputes of the same nature as well as issue me to pay the fine.

Can you please advise as to what to do for next steps please?

13
Apologies for the delay.

I've made the complaint to both ICO and BPA. I've also taken your advice and emailed Moorside with the below text you have provided. What are the next anticipated steps from Moorside, and is there any timelines in relation to how long this could take to be completely finished?

Am mindful it's been 7 months since the initial "infringement".

14



I'm hoping this works, please let me know if it's viewable. Thanks

15
I appreciate it's been a couple of months since my last post but I've just recently received a "Letter Before Claim" from Moorside Legal.

It's predominantly stating that I have an unpaid invoice of £170. It threatens of a CCJ, and on the letter only gives 3 options of contact for paying and I need to reply within 30 days. Letter is dated 21st of October, I've only just returned from a week away to receive this letter.

What are the advisable next steps? I'm conscious that nowhere on their letter does it include an email address to contact them so not sure how to reply to this to dispute it?

Pages: [1] 2