Author Topic: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter (Read 312 times)

Smartdriver · « **on:** January 10, 2025, 03:13:15 pm »

I have been a longtime lurker on this forum and its predecessor PePiPoo for many years but have never needed to ask for help myself until now so I hope you will be able to advise me. I recently found a box with a pile of unopened mail in it - someone in the house had 'moved it out of the way to deal with' and not told me, then forgotten it (yes I know, I know, don't ask. Anyway, we are where we are and have to deal with it now.

I found a letter 25 July 2024 from NCP car parks with a parking charge notice for the Birmingham City Centre car park - Judes Street. I'm not entirely sure where that is as I've never actually parked there myself. It states my vehicle (I am the registered keeper) entered the car park at 14.57:34 and left at 15.10.51 - a total of just over 13 minutes.

The circumstances as told to me by the driver (which was not me) was travelling with my 13 year old child, entered the car park, found a space and went to the machine, the only one in the car park, which was out of order. The driver then attempted to pay by the app detailed on the signage, but did not get a verification code to allow payment. They took a photo of the defective machine which was the only machine in the car park so there was no alternative way to pay. The driver, realising they would be unable to pay, got back in the car and left the car park to find parking elsewhere. A couple of minutes later I found a verification code on my phone - I was at home. It seems like when using the bank card on the app, the details from the bank related to the bank card were linked to my phone number not the drivers. I immediately rang the driver to see what was going on, but by that point they had already driven out to park elsewhere.

I also found a reminder letter (photo attached) and a number of letters from Trace Debt recovery, and now from Moorside Legal. They are stating I now owe £170.

I guess we are now beyond the time of any appeal, so this will need to be treated as if it had been ignored (which it had, but not intentionally).

What's the best approach here? Have I go any hope of fighting this and if so, what's the best way to go about doing it? (I'm assuming its best not to contact the legal people at this stage?)

Thanks for any and all advice!

https://gbr01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fimgur.com%2Fa%2FpDXEwgn&data=05%7C02%7Csarah.marwick%40nhs.net%7Ce2dce5b915ca437e0c9308dd3188afbe%7C37c354b285b047f5b22207b48d774ee3%7C0%7C0%7C638721185310285100%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=SE5%2FmsqFd8PBxOEoWtdKIAmGkpVGKrV3SKKv2tVZgKQ%3D&reserved=0

b789 · « **Reply #1 on:** January 10, 2025, 04:14:36 pm »

Welcome. You are correct that it is now too late to appeal. No big deal. If you follow the advice, you won't be paying a penny to NCP.

You can safely ignore any debt collectors or letters demanding money unless it is a Letter of Claim (LoC). If Moorside Legal are acting as a debt collector, you ignore them, at this stage. They will eventually issue an LoC which we need to know about but it is not important if it is not responded to.

What will need to be responded to is the eventual N1SDT Claim Form that will come from the CNBC with Moorside Legal acting on behalf of NCP. When that is received, show it to us redacting only your personal details, the claim number, your VRM and the MCOL password. Make sure that the Particulars of Claim (PoC) and all dates remain visible.

Moorside Legal always make a Fata mistake in the PoC of claims they issue and that is very valuable for your defence. The most likely outcome will be that the claim is struck out at allocation stage. Even if it wasn't, the claimant will discontinue before it gets to a hearing.

Moorside Legal are bulk litigator and not a very good one at that. Easily beaten.

So, when you receive the LoC, come back and let us know.

Smartdriver · « **Reply #2 on:** January 11, 2025, 06:28:52 pm »

Thank you so much. Really really helpful (and hopeful). So I guess I just have to wait now. Do you have any idea how long it might take?

b789 · « **Reply #3 on:** January 12, 2025, 09:30:18 am »

Quote from: Smartdriver on January 11, 2025, 06:28:52 pm

So I guess I just have to wait now. Do you have any idea how long it might take?

It may never happen. However, it is more likely to happen sooner than later. Exactly how long? Who knows?

They have up to 6 years to file a claim from the date of the alleged contacvention. So, if you change address in the next 6 years, remember to let them know of your address change.

Smartdriver · « **Reply #4 on:** January 30, 2025, 07:48:29 pm »

Hi all.

I have now received a letter entitled ‘Letter of Claim’ so I assume now is the point at which I have to do something.

I’d very much welcome your advice on the next steps.

Do you need to see the letter?

DWMB2 · « **Reply #5 on:** January 30, 2025, 08:06:49 pm »

Yes, please show us the letter.

Smartdriver · « **Reply #6 on:** February 02, 2025, 08:07:30 pm »

https://imgur.com/a/FCmWG39

Here you go, hope that works

b789 · « **Reply #7 on:** February 03, 2025, 11:24:06 am »

Respond as follows:

Quote

Moorside Legal
Jade Building
Albion Mills
Albion Road
Greengates
BD10 9TQ

By email to: help@moorsidelegal.co.uk

[Date]

Dear Sirs,

Re: Letter of Claim dated 20th January 2025

I refer to your Letter of Claim.

I confirm that my address for service at this time is as follows, and I request that any outdated address be erased from your records to ensure compliance with data protection obligations:

[YOUR ADDRESS]

Please note that the alleged debt is disputed, and any court proceedings will be robustly defended.

I note that the sum claimed has been increased by an excessive and unjustifiable amount, which appears contrary to the principles established by the Government, who described such practices as “extorting money from motorists.” Please refrain from sending boilerplate responses or justifications regarding this issue.

Under the Pre-Action Protocol for Debt Claims, I require specific answers to the following questions:

1. Does the additional £70 represent what you describe as a “Debt Recovery” fee? If so, is this figure net of or inclusive of VAT? If inclusive, I trust you will explain why I, as the alleged debtor, am being asked to cover your client’s VAT liability.

2. Regarding the principal sum of the alleged Parking Charge Notice (PCN): Is this being claimed as damages for breach of contract, or will it be pleaded as consideration for a purported parking contract?

I would caution you against simply dismissing these questions with vague or boilerplate responses, as I am fully aware of the implications. By claiming that PCNs are exempt from VAT while simultaneously inflating the debt recovery element, your client – with your assistance – appears to be evading VAT obligations due to HMRC. Such mendacious conduct raises serious questions about the legality and ethics of your practices.

I strongly advise your client to cease and desist. Should this matter proceed to court, you can be assured that these issues will be brought to the court’s attention, alongside a robust defence and potentially a counterclaim for unreasonable conduct.

Yours faithfully,

 [YOUR NAME]

Save as a PDF file and attach to an email addressed to help@moorsidelegal.co.uk and also CC in yourself.

Smartdriver · « **Reply #8 on:** February 04, 2025, 12:37:05 am »

Thanks. Should I at this point mention any of the original issues with this case? Or just respond in the terms below?

b789 · « **Reply #9 on:** February 04, 2025, 10:28:23 am »

Just respond with the suggested letter. They are going to issue the claim, whatever is said. However, you can rest assured that when they do issue the claim, they will fail miserably by not complying with CPR 16.4(1)(a) which is most likely going to lead to the claim being struck out at allocation stage.

It never fails to amuse me how incompetent the supposed "professional" legals are in fact anything of the sort. They are an embarrassment to their profession.

DWMB2 · « **Reply #10 on:** February 04, 2025, 10:41:10 am »

The claims that Moorside issue seem to be even more scant on detail than the DCB Legal ones, which I didn't think was possible. They're only a couple of steps away from "The defendant is indebted to the claimant because we say so".

Smartdriver · « **Reply #11 on:** February 04, 2025, 06:40:05 pm »

Right - letter sent as above. Thanks!

What can I expect now?

Smartdriver · « **Reply #12 on:** February 04, 2025, 06:49:01 pm »

I've just done a quick google search for Moorside legal. The reviews seem to be either 5 star 'X was helpful thank you' or 1 star 'bunch of scammers' with nothing in between (mostly 'scammers'). I was amused to read several people who posted that they had a response 'we know what you've posted is a template from a forum, if you don't tell us what your defence is in your own words we will regard it as unreasonable behaviour and ask for our costs at court'

Presumably there's no chance of them actually being successful at that?

DWMB2 · « **Reply #13 on:** February 04, 2025, 06:57:03 pm »

Of course, someone who has been sued by a company represented by a law firm is unlikely to hold a particularly favourable view of that law firm.

Quote

'we know what you've posted is a template from a forum, if you don't tell us what your defence is in your own words we will regard it as unreasonable behaviour and ask for our costs at court

If they issue thousands of claims with identical wording, they ought not to be surprised when they receive similar defences in response.

b789 · « **Reply #14 on:** February 04, 2025, 07:02:06 pm »

You couldn't make it up when you see that sort of response. In what universe is it considered to be "unreasonable" to use all resources to plead a defence when you consider that their own correspondence is simply boilerplate templates.

Moorside Legal are staffed by wannabe paralegals with the lowest competency rate you can imagine. Any one bragging that they work for Moorside Legal are either intellectually malnourished or just unable to see how pathetic they are.

We have not yet seen a single claim issued by Moorside Legal that does not embarrassingly (in the legal sense) fail to comply with CPR 16.4(1)(a). This allows a defence to request the claim to be struck out at allocation stage. The simple fact that they have not cottoned on to this incredibly basic failure and corrected themselves, is, quite frankly, cringeworthy and an obvious sign that they are not reputable enough to use the word "Legal" in their name.

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Author Topic: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter (Read 312 times)

Smartdriver

NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter

b789

Re: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter

Smartdriver

Re: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter

b789

Re: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter

Smartdriver

Re: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter

DWMB2

Re: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter

Smartdriver

Re: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter

b789

Re: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter

Smartdriver

Re: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter

b789

Re: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter

DWMB2

Re: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter

Smartdriver

Re: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter

Smartdriver

Re: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter

DWMB2

Re: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter

b789

Re: NCP Birmingham City Centre. Judes Street. Broken Machine but missed letter