3. Moorside Legal - Your Letter of Claim — action required within 30 days
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Moorside Legal - Your Letter of Claim — action required within 30 days
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Hi

I have received an email from Moorside Legal acting on behalf of UKPS.

Here is the background, on 23/12/2024 the diver parked my vehicle parked in a newly restricted car park on an industrial estate in Leamington Spa.

It was in the evening when the business was closed and had always been casually used by volunteers at the soup kitchen opposite as it operates out of hours so it was never an issue. The week these signs were installed, on the first occasion since installation the driver parked in the restricted area. The persons went into the soup kitchen and was immediately made aware of the new parking restriction so returned to the car within 9.48 minutes and moved it to a different location.

The PCN from UKPS Ltd was then received and appealed but the appeal was denied.

The business at the location was approached and the situation explained which they understood and said that it is the owner of the building who has had the signage installed and they will try to talk to them to cancel the ticket. We heard nothing else which led us to believe that the matter had been settled.

Then I received atleast x8 letters from Debt Recovery Plus - all ignored

Then Trace Debt recovery started to send letters, they were all ignored.

Everyone of these has either been my final opportunity to settle or notice of Imminent legal action

Now Moorside Legal has got in touch sending the email below.

Your Letter of Claim — action required within 30 days
Dear MR....

You will shortly receive, or may have already received, a formal Letter of Claim from Moorside Legal regarding your outstanding balance of £170.00 (ref: 40676764).

This letter follows the Pre-Action Protocol for Debt Claims. You have 30 days from the date on that letter to respond using the enclosed Reply Form before County Court proceedings may be issued against you.

Total amount outstanding

£170.00

Reference:

If court proceedings are issued and a County Court Judgment (CCJ) is entered against you, it can remain on your credit record for up to six years and may affect your ability to obtain credit. We strongly encourage you to act within this timeframe.

You can pay in full, set up a payment plan, or return the Reply Form with your proposal. If you need debt advice before responding, free and impartial support is available from Citizens Advice, StepChange, and National Debtline.

Any advice on how to respond would be much appreciated.

Many thanks in advance!
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Re: Moorside Legal - Your Letter of Claim — action required within 30 days
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If you intend on defending the county court claim which should follow, you can send a simple response along the lines of
Quote
the defendant responding within a reasonable time – 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed
(
PRACTICE DIRECTION – PRE-ACTION CONDUCT AND PROTOCOLS – Civil Procedure Rules – Justice UK
justice.gov.uk
).

You do not need to use their "reply form".

If you want advice on the appeal in due course, please post the original PCN and other relevant documents per https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/

You may want to refer to https://www.britishparking.co.uk/write/Documents/AOS/Sector%20Code%20Templates/sectorsingleCodeofPracticeVersion1.1130426-2.pdf which includes
Quote
3.4. Material changes – notices
Where there is any material change to any pre-existing terms and conditions that would not
be immediately apparent to a driver entering controlled land that is or has been open for
public parking, the parking operator must place additional (temporary) notices at the site
entrance for a period of not less than 4 months from the date of the change making it clear
that new terms and conditions/charges apply, such that regular visitors who might be
familiar with the old terms do not inadvertently incur parking charges.
NOTE: Examples of material changes can include introduction of parking enforcement
where none has previously applied, introduction of time-limited free parking, or reductions
in the time limit within which free parking is available. Given the need to avoid confusion
and clutter at entrances the test is whether the fact that a change has been made is clearly
signalled to drivers on entering the land and the nature of the change is clearly displayed
thereafter – it may also be necessary to install repeater notices depending on the scale of
the premises.
The same document also refers to “consideration periods” which are about reading the signs and deciding not to park. Presumably (based on the size of the car park) this is 5 minutes here, so unfortunately you probably exceeded this.
« Last Edit: Yesterday at 12:15:25 pm by jfollows »
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