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Messages - correcthaunt

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31
No. It means that if crucial correspondence that requires a timely response are not received, at least within the required timeframe, you could end up receiving a claim that you are not aware of and if not responded to by the required deadlines, the claimant can request a CCJ by default.

You need to make it absolutely clear to Moorside Legal, which address they must use for service of documents. It doesn't matter which one you choose as long as it is one where you can receive timely notification.

If Moorside Legal are using an address that you do not wish to use as an address for service of legal documents, you must immediately send a Data Rectification Notice to the DPO of Moorside Legal and instruct them to update their records with your address for service and for them to erase any other address they hold for you.

The highlighted words are there for a reason and you must use them in your notice. The contact details for the DPO will be in their privacy policy statement on their website.

Understood, it makes no difference to me as nothing is going to get missed as long as they actually send this. Ideally, I would prefer they send me e-mails...

So I just wait for their letter of claim?

32
Quote
What Acknowledgement of Service (AoS)? An AoS is an official response to an actual N1SDT Claim Form being issued. You have not yet received a Claim.

Correct I haven’t received one. Apologies @b789, I made a mistake and got confused here by something else. There is no letters from tribunal informing me that they made a claim in this case (yet).  I have re-edited the previous incorrect post to clarify this.

Quote
Also, why exactly do you mean "...they were sent to a temporary location in London..."? Was the LoC sent to the same address that the vehicle is registered at and you are the Registered Keeper? Are you suggesting that they possibly hold two separate addresses for you?

I am the Registered Keeper and the car is registered to a Bristol address. I share my time between Bristol and London pretty much 50/50. The letters from NCP that you can see in the first post were issued to Bristol. The Moorside lawyers have only been sending letters (including those posted today) to the London address and never once had they sent anything to Bristol.

Not sure what you mean by “then the is a surefire way of getting a CCJ by default.” but as per above the registered keeper is getting correspondence to the permanent address where the car is registered in Bristol from NCP and to temporary residence in London from Moorside. I am unsure on how they got the other address, must have been through a credit check or something like that. Is the fact that they have 2 addresses mean I will get a CCJ or it makes it easier to strike them off?

I've just looked through the paperwork again and there is no Letter of Claim from them.

33
Another weekend, another letter. I swear they time them so people fester over the weekend.

Anyway, these two are pretty much identical offering a "payment plan".

These were also sent to a temporary location in London, and not where the car is registered in Bristol.

Here are the letters:



Any action or we wait for county court claims?

34
The first Notice to Keeper (NtK) is not PoFA compliant and judging by the date of the contravention and the date of the reminder of the second one, neither is that one.

They only know that you are the Keeper and have no idea who the driver is. There is no legal obligation on the Keeper to identify the driver. As the NtKs are not PoFA compliant, only the driver can be liable.

If this goes any further, they would get spanked in court if they tried to sue the Keeper.

So, in the words of Dads Army… “Don’t tell ‘em your name Pike”.

Under no circumstances is the driver to be identified, inadvertently or otherwise, if you want this to eventually go away.

So I, the registered keeper, just wait to see if they wish to proceed through the courts. Until then nothing to do?

35
Welcome to FTLA.

Can you please show us the letter you have received from Moorside Legal?

As a semi-related aside: I note your comments about splitting your time between two places of residence. If this arrangement means you are away from the address where your vehicle is registered for extended periods, then you need to consider some means by which you can receive and respond to post in a timely manner.

Yes please see the letters:

Moorside Legal AC1


Moorside Legal AC2


Noted regarding the post.

36
Background
The driver has been playing football at the Chobham Academy Stratford for the last 4 years or so. Always after work so past the 17:00 o’clock mark. There was no signage back in the day and then when they put one up at the location it was reviewed once. Although it was confusingly worded, it read something along the lines: “Parking is only chargeable between 06:00 - 16:00 every weekday on Monday – Friday” and the understanding was that during the school hours one had to pay a small fee (under £2). No Recollection to the weekend tariffs. The driver proceeded to use the car park to play occasional games (the driver lost count to give the exact number but easily +30 games) since pre-COVID, on both weekdays and weekends.

Alleged Contravention 1 (AC1)
01.07.2024 - Upon entering the car park, the driver found a space, parked up, and went for their football game that lasted around 45min. Just like before the driver has left the car park without having paid.

AC1 PCN to Keeper


AC1 Final Reminder


Alleged Contravention 2 (AC2)
08.07.2024 - Upon entering the car park, the driver found a space, parked up, and went for their football game that lasted around 45min. Just like before the driver has left the car park without having paid.

AC2 PCN to Keeper was never issued/delivered.

AC2 Final Reminder


I, the registered keeper of the vehicle, spend half my time in one address in Bristol (where the car is registered to) and other half in a London address.  I, the registered keeper was at the time in London after which I drove to Europe and didn’t return back to the UK until mid-August. All three of the documents listed above were seen mid-August, past the discounted time-period.

Upon my return to the UK and seeing the letters sent to Bristol. I made my way to Chobham Academy Stratford. Upon arrival, I found new signage in place which must have been replaced somewhere after 8th of July and before my visit in August. As such I cannot post any photos of the signage in the car park as they have changed this since issuing the letters.

The PCN references do not load on the NCP website so I was never able to see all of their pictures. Just the ones provided in the above letters as their website said/says “Unfortunately you are unable to appeal this charge at this time.”

Here is a google link to the location:

The sign used to be yellow next to the green box thing where security sits post covid.
https://www.google.com/maps/@51.550255,-0.007851,63m/data=!3m1!1e3?entry=ttu&g_ep=EgoyMDI0MTIwNC4wIKXMDSoASAFQAw%3D%3D

Pre COVID there was nothing other to say this is private car park:
https://www.google.com/maps/@51.5503421,-0.0079526,3a,90y,341.79h,92.32t/data=!3m7!1e1!3m5!1sEkoS1fVAM1tpoPgQCGSJrA!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D-2.3227332793832574%26panoid%3DEkoS1fVAM1tpoPgQCGSJrA%26yaw%3D341.78932322090947!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI0MTIwNC4wIKXMDSoASAFQAw%3D%3D

And this at the entrance:
https://www.google.com/maps/@51.5500103,-0.0078454,3a,51.3y,5.88h,83.3t/data=!3m7!1e1!3m5!1swpXlmr6PFIUSnIdSoEGoPQ!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D6.702524895624293%26panoid%3DwpXlmr6PFIUSnIdSoEGoPQ%26yaw%3D5.881104322805278!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI0MTIwNC4wIKXMDSoASAFQAw%3D%3D

I then asked the security guard about the old sign and if there were any pictures of it and was told no, and that this carpark’s signage was replaced recently.

I have since received letters from Trace Debt Recovery for £170 each, where I got more letters for one incident than the other as I think they are confusing them.

Now at the end of November I got a letter from Moorside Legal asking for £277 for each incident.

I only just realised today that these are in fact 2 separate incidents due to inconsistent letters.

I haven’t contacted anyone yet… should I reach out to their solicitors and tell them that they cannot possibly expect the payment when the signage was changed…  or should I wait for the claim form.

Any help is greatly appreciated.

37
You will submit your defence (and a draft order to go with it). This will then be sent to DCB Legal for their review. They will respond by letter to you saying that their client has reviewed the defence and intends to proceed with the claim. They usually include a copy of their N180 Directions Questionnaire (DQ) which you can simply file away.

You will receive your own DQ and you will have to complete it and send it to both the court and DCB Legal. After that you will receive a date for a mediation phone call. You are required to "attend" the call but it is not part of the actual judicial process and does not involve any judge or solicitor. It is a complete waste of time in cases like this and you simply offer £0 and I tis over in minutes and has no bearing on the process.

Eventually the case will be allocated to your local county court and you'll receive a date for a hearing if the claim hasn't already been struck out. The claimant has to pay the £27 trial fee around a month before the hearing. They will discontinue before having to pay that fee.

If they don't and you are the only one out of thousands I will have seen that has to go all the way to a hearing, you'd have to make your Witness Statement and send it to the court no later than (usually) 14 days before the hearing.

However, this case is 99% likely to be discontinued.

Got it and to be crystal clear, you will kindly help me with my defence and it will be sent via an e-mail?

38
Yes, I missed that. You will also note one of the errors in their Particulars of Claim (PoC). The state that the PCN was issued on 7/7/2024 when in fact it was "issued" on 9/7/2024. Just one of their typical failures to do their homework. A Notice to Keeper (NtK) PCN cannot be "issued" o the same day as the alleged contravention because the operator has to apply to the DVL for the Keepers data.

It's just one point of several that will be used for the defence.

No worries, and once again thank you for your help on this.

I can confirm that the AoS was now submitted:





COuld you tell me what are the next steps/timelines?

39
You should show us the Particulars of Claim (PoC) on the N1SDT Claim Form. However, if you follow our advice, nothing will come of this a they will discontinue some time next year.

With an issue date of 5th December, you have until Tuesday 24th December to submit your Acknowledgement of Service (AoS). There is no advantage in delaying the AoS but having submitted it, you then have until 4pm on Tuesday 7th January 2025 to submit your defence.

For now, follow the instructions in this PDF on how to submit the AoS:

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

When you've done that, give us a reminder in a few days so that we can put your defence together.

Hi b789,

Thank you for your prompt response.

Are you after this?



This is the first page of the PDF in the original post.

I am doing the AoS now.

40
UK Parking Control Limited & DCB Legal LTD – Not Parked Correctly Within The Markings of The Bay Or Space – Beckton Triangle Retail Park, 5 Claps Gate Lane, London, E6 6LG

Hi all & @b789,

I hope you are well and thank you for taking the time to look into this for me.

@b789 – I am tagging you here as I saw your response on another post dealing with something similar and I would appreciate your input.

Summary
I just received (09.12.2024) a claim form issued 05.12.2024 from UK Parking Control Limited issued by DCB Legal LTD.

The reason: Not Parked Correctly Within the Markings of The Bay or Space.

They claim an absurd amount of £259.88 in a free carpark, broken down as such;
• Amount Claimed £174.88
• Court Fee £35.00
• Solicitor Costs £50.00

I believe I need to respond to the “Acknowledgment of Service” by no later than 24th of December 2024 if my understanding is correct. I think there is also an option to extend this by 28 days.

The situation
The driver went to the B&M in Beckton Triangle Retail Park. The supermarket tends to be busy and from experience the driver knew not to park there and instead park in front of Harveys Furniture Beckton. Harveys Furniture Beckton never has any customers/lights on and the car park in front of it is basically empty. According to the following website the store is closed: https://foursquare.com/v/harveys/5bfda1d7dbde11002506c8ce

Here is the layout of the carpark, where the car was parked and some google images to show the business of the car park as per google. There are no pictures from the day. Happy to go back there should more pictures be required.

Bird’s View of the car park with where the car was parked:



Link to that location: https://www.google.com/maps/@51.5225563,0.0696586,109m/data=!3m1!1e3?entry=ttu&g_ep=EgoyMDI0MTIwNC4wIKXMDSoASAFQAw%3D%3D

Good representation of what the car park tends to look like i.e. B&M side busy and Harveys side empty(ier):




https://www.google.com/maps/@51.5223471,0.0697806,3a,87.4y,338.78h,87.41t/data=!3m7!1e1!3m5!1st3Nt6x_YtkXo8cMbRMW3Rw!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D2.593455110269119%26panoid%3Dt3Nt6x_YtkXo8cMbRMW3Rw%26yaw%3D338.7831079553184!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI0MTIwNC4wIKXMDSoASAFQAw%3D%3D

The driver spent approximately 45min to 1h in B&M and left the car park.

It’s also worth noting that I, the registered keeper, spend half my time in one address in Bristol (where the car is registered to) and other half in a London address.

On the 12th of July, I, the registered keeper was notified by other households of the Bristol address of receiving some mail while I was in London (due to work, and other events). After which I drove to Europe and didn’t return back to the UK until mid-August. Now that PCN was seen mid/late August, past the discounted time-period. Here is the PCN:



Shortly after the registered keeper's return, I got the Final Reminder (even though nothing else has been sent since the above PCN):



And then at the beginning of November I got this Letter of Claim:



Followed by the letter from the Tribunal – see attached the scanned PDF file named “Edited Copy-redacted”

I would like to contest this however before I submit anything, I wanted to check with the forum first.

My questions:
1. Can anyone let me know what’s the best course of action?
2. I understand that my response will be back to the claimant who then decides if they accept my offer or goes to the court. As I am willing to give them £0 then I can imagine this would go to the court. Is it true that I need to pay a court fee of £303 to defend myself?
3. Any other advice is highly appreciated.

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