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#Post#: 56521--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: DWMB2 Date: February 4, 2025, 4:41 am
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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".
#Post#: 56628--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: Smartdriver Date: February 4, 2025, 12:40 pm
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Right - letter sent as above. Thanks!
What can I expect now?
#Post#: 56635--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: Smartdriver Date: February 4, 2025, 12:49 pm
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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?
#Post#: 56637--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: DWMB2 Date: February 4, 2025, 12:57 pm
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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[/quote]
If they issue thousands of claims with identical wording, they
ought not to be surprised when they receive similar defences in
response.
#Post#: 56638--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: b789 Date: February 4, 2025, 1:02 pm
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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.
#Post#: 56644--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: Smartdriver Date: February 4, 2025, 1:16 pm
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I guess enough people probably get scared and pay up that it’s
worth a try for the few who challenge it?
Their email auto response says ‘We aim to respond to all emails
within 28 days of receipt in the order in which they are
received. We kindly ask that you do not chase a response during
that time as it will allow us to respond to your email as
quickly as possible.’If a claim has been issued
If a County Court Claim has been issued against you, emailing us
will not put the claim on hold. You will need to follow any
instructions given to you by the Court to prevent a Judgment
being obtained against you. You may wish to seek independent
legal or debt advice’. (Though not from forums, obvs).
So that already goes beyond the 30 days they’ve given me to
respond which kind of adds to the sense of it all being
formulaic really. Unless I’m going to pay, they don’t care what
I say.
I suppose I now just have to wait to see what happens. Any
ideas what I can expect?
#Post#: 56649--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: b789 Date: February 4, 2025, 1:33 pm
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[quote author=Smartdriver link=topic=4611.msg56644#msg56644
date=1738696592]
Any ideas what I can expect?
[/quote]
They are obliged to respond to your response to the LoC. They
will use a boilerplate stock answer which does not explain the
VAT questions asked. When they do respond, you can then report
them to HMRC for suspected VAT fraud (in the £millions).
We advise everyone to report VAT concerns involving the conduct
of the legal and Debt Recovery firms operating as parasites
clinging limpet-like to the 'rogue' private parking industry.
The report in your case specifically concerns Moorside Legal
because the attached evidence (their response to the VAT
questions) is about their failure to confirm whether consumers
are being unlawfully hit with the VAT element of their added
'fees'.
This is not about parking charges (these cannot exceed £100).
It is all about the added £70 admin/DRA costs that the DLUHC
called 'extorting money from motorists'.
These third party debt collectors include Moorside Legal, BW
Legal, DCB Ltd, DCB Legal, Gladstones Solicitors, Empira, TNC,
CIS, Trace Debt Recovery, ZZPS, Debt Recovery Plus, QDR
solicitors, CST Law, Elms Legal and others who are listed as
members of the BPA and/or IPC Approved Operator or approved debt
firms.
Because the concern is that they steadfastly refuse to answer
questions about the VAT on their DRA fee, it is now widely
suspected that some or all of the private parking industry
specialist Debt Recovery firms (including legal firms) may be
operating as follows.
Either:
(a) not paying HMRC the VAT element on the £60 or £70 per PCN
'admin fees' that they charge for 'debt recovery'. This amounts
to £multi-millions p.a. due to parking cases now exceeding well
over 12m DVLA look-ups per year. Within weeks, £70 per PCN is
added and aggressively demanded. 90% of those cases that result
in court claims include multiple £70 'fees' that the parking
operator clients have never paid and appear to be unjust
enrichment of the DRAs;
or
(b) including VAT within the fixed £70 'fee' which they describe
as "our costs". This has the object or effect of making the
consumer pay the VAT, which HMRC has already stated is unlawful
in cases of enforcement or debt recovery fees.
The service supplied by a debt collection agency is a single
composite supply, the core of which is debt collection, which is
specifically excluded from the finance exemption, and is thus
taxable:
HTML https://www.gov.uk/hmrc-internal-manuals/vat-finance-manual/vatfin3255
You will have given Moorside Legal a chance to clarify what they
are doing in terms of VAT on what they call "our costs" but they
will have swerved the questions.
#Post#: 56650--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: Smartdriver Date: February 4, 2025, 1:41 pm
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Interesting. Very interesting.
I will await their response with interest but not much
expectation. I suppose then at some point in the nearish future
I will get the actual claim itself? And then come back here
#Post#: 56652--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: b789 Date: February 4, 2025, 1:44 pm
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Oh yes, you will receive a claim. When you receive it, come back
and show us the claim form with the Particulars of Claim (PoC)
and we will advise on deadlines, on how to submit the
Acknowledgement of Service (AoS) and we will provide the
defence, draft order and persuasive appeal transcripts that go
together.
A bridge to cross when we come to it.
#Post#: 60993--------------------------------------------------
Re: NCP Birmingham City Centre. Judes Street. Broken Machine but
missed letter
By: Smartdriver Date: March 6, 2025, 1:00 pm
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HTML https://imgur.com/a/ayShhTb
Well what a surprise.
They haven't answered the questions I asked (not that I expected
them to) or indeed given any sort of response at all. So I guess
it's just another letter to ignore until a claim form arrives?
Is there anything I need to do in the meantime? I assume nothing
has recently changed with this company to advise a different
approach?
As an aside, it really really irritates me that they say 'We got
your recent request for contact, but we aren't able to contact
you individually in writing', in an actual written letter, sent
to me individually, in writing. Sigh.
EDIT - sorry the link didn't work
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