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#Post#: 52845--------------------------------------------------
NCP Birmingham City Centre. Judes Street. Broken Machine but mis
sed letter
By: Smartdriver Date: January 10, 2025, 9:13 am
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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!
HTML 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
HTML 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
#Post#: 52851--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: b789 Date: January 10, 2025, 10:14 am
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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.
#Post#: 52982--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: Smartdriver Date: January 11, 2025, 12:28 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?
#Post#: 53018--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: b789 Date: January 12, 2025, 3:30 am
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[quote author=Smartdriver link=topic=4611.msg52982#msg52982
date=1736620132]
So I guess I just have to wait now. Do you have any idea how
long it might take?
[/quote]
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.
#Post#: 55920--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: Smartdriver Date: January 30, 2025, 1:48 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?
#Post#: 55924--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: DWMB2 Date: January 30, 2025, 2:06 pm
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Yes, please show us the letter.
#Post#: 56271--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: Smartdriver Date: February 2, 2025, 2:07 pm
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HTML https://imgur.com/a/FCmWG39
Here you go, hope that works
#Post#: 56325--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: b789 Date: February 3, 2025, 5:24 am
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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:
[indent]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?[/indent]
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][/quote]
Save as a PDF file and attach to an email addressed to
help@moorsidelegal.co.uk and also CC in yourself.
#Post#: 56488--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: Smartdriver Date: February 3, 2025, 6:37 pm
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Thanks. Should I at this point mention any of the original
issues with this case? Or just respond in the terms below?
#Post#: 56518--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: b789 Date: February 4, 2025, 4:28 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.
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