Author Topic: PCM / Moorside Legal - Letter Before Claim  (Read 34 times)

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PCM / Moorside Legal - Letter Before Claim
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Hello.

A couple of years ago we received a private parking ticket on our car windscreen from Parking Control Management UK (Ltd). I can provide more details of the circumstances if that’s helpful, but one thing that may be worth noting is that the address / site name on the ticket (and on subsequent correspondence) does not appear to relate to a real place. This ‘invoice’ was for £100 (‘discounted’ to £60 if we paid within 14 days).

Being aware of PCM’s reputation as cowboys, we ignored this private parking charge notice.

We did not receive a Notice to Keeper. The first communication we received from PCM was a ‘Keeper Liability Notice’ a couple of months later, which incorrectly stated that a Notice to Keeper had previously been ‘served’.

We ignored this. It is the only direct communication we have received from PCM.

A couple of months later we received a demand for outstanding payment from Trace Debt Recovery, who claimed to be acting on PCM’s behalf. The amount ‘due’ was now £170.

We ignored this.

It was followed a couple of weeks later by another similar ‘demand’ and then a letter warning us that we were ‘running out of options’ and that our ‘case’ was ‘being considered for escalation to our client’s solicitors’.

We ignored both and we heard nothing further for around 6 months.

A letter from Moorside Legal Services Ltd then arrived informing us that they had been instructed by PCM to recover the ‘outstanding sum of £170’ from us.

We ignored it.

A month or so later a second letter from Moorside Legal arrived warmly advising us that their client wanted ‘to try and resolve the matter amicably and avoid legal proceedings’ so was offering us a generous four-instalment payment plan.

We ignored this.

A little over a year then passed and we have now received a Letter Before Claim from Moorside Legal.

I understand from advice on another very helpful forum that the time has come to stop ignoring the correspondence and that we should respond to this LBC.

I wonder, therefore, if the following response is appropriate? Any advice on what, if anything I should change, would be very gratefully received.


Dear Sirs,

Your ref: XXXXXXX

Claimant: Parking Control Management UK Ltd

I refer to your Letter Before Claim.

I confirm that my address for service for the time being is as follows:
XXXXXXXXX

Please be advised that the alleged ‘debt’ is disputed and any court proceedings will be vigorously defended. Apart from anything else you / your client have failed to correctly adhere to Schedule 4 of POFA 2012.

If you continue to process my data and, in the event of filing a court claim, please also be aware that I will file a Part 20 counterclaim for not less than £500 for damages for distress arising from clear breaches of the DPA 2018 and/or the Protection From Harassment Act 1997.

Yours faithfully,



With thanks in advance.

We have previously sent a complaint to the landowner, but received no response. Is it worth also writing again to them with another complaint?

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Re: PCM / Moorside Legal - Letter Before Claim
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Welcome to FTLA.
To help us provide the best advice, please read the following thread carefully and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide

With regards to your proposed response, only threaten to counterclaim if you are actually going to do so. We don't have many details yet, but based on what we do know I personally wouldn't recommend counter claiming.

With regards to claiming 'harassment' - their first defence to this is likely to be 'we have been writing to YellowFellow for over two years trying to resolve the matter, and he has ignored us, we had no option but to go to court'. You may face an uphill battle to argue that you have been harassed for money you say you do not owe, if you have taken no steps to point out to the alleged creditor why you do not owe the money.

The other (arguably more 'tactical') argument against counter claiming is that it potentially increases the chances of the case going all the way to a hearing. If they realise they've got no hope with their claim, they may discontinue. If they have to turn up to court anyway to defend a counterclaim, then they may as well send someone to argue the initial claim, too. This can work both ways, in that they might agree to drop their claim if you drop your counter, but this of course would depend on the strength of each sides' cases.

A final initial point that may sound pedantic, but isn't... You refer throughout to "we" - who are Moorside writing to? If it is an individual, it is that person who will be sued, and from a legal standpoint there is no "we".
« Last Edit: Yesterday at 12:24:15 pm by DWMB2 »