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#Post#: 53098--------------------------------------------------
Parking Control Management PCN - Moorside Legal - County Court
Claim
DIR By: shamzuddin
Date: January 12, 2025, 5:27 pm
---------------------------------------------------------
Hello Everyone,
I received a PCN back in 2021 and stupidly ignored it thinking
nothing would come of it. I've now received a Count Court Claim
from Moorside Legal. The original claimant is Parking Control
Limited. The location was Collison Avenue, Barnet, EN5 3EP and
it was a windshield PCN.
The PCN was received for being 'parked within a restricted
area.' Unfortunately I moved houses over a year ago and no
longer have any of the paperwork received from either Parking
Control Management or Moorside Legal apart from a Letter of
Claim received October 2024 and the most recent County Court
Claim form. If I am to request a Particulars of Claim, would I
request this from Parking Control Limited or Moorside Legal?
I have already completed the Acknowledgement of service and the
new deadline is 04/02/2025. Any help on the next steps to
prepare for a defence is much appreciated
Link to photos:
HTML https://imgur.com/a/ZE4ZhvZ
#Post#: 53111--------------------------------------------------
Re: Parking Control Management PCN - Moorside Legal - County
Court Claim
DIR By: b789
Date: January 12, 2025, 8:10 pm
---------------------------------------------------------
You are correct with your assessment of your defence deadline.
With a claim date of 2nd January 2025 and having submitted your
Acknowledgement of Service (AoS) in a timely manner, you now
have until 4pm on Tuesday 4th February to submit your defence.
You already have the PoC. You do not need to “request” them. The
obligation is on the claimant to provide detailed particulars so
that you are able to submit a valid defence.
CPR 16.4 applies. Moorside Legal have failed to comply with CPR
16.4, subsection 1(a) in particular. There is plenty of
persuasive appeal precedent to have this claim struck out for
failing to provide a concise statement of facts, never mind the
rest of CPR 16.4.
This claim is easily defended and will rely on the persuasive
appeals of CEL v Chan (2023)
HTML https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=o5ubdw9n&dl=0<br
/>and CPMS v Akande (2024)
HTML https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=wptv1l16&dl=0<br
/>to have it struck out at allocation stage.
#Post#: 53119--------------------------------------------------
Re: Parking Control Management PCN - Moorside Legal - County
Court Claim
DIR By: b789
Date: January 13, 2025, 3:37 am
---------------------------------------------------------
This is the defence I advise you to submit. Because the PoC are
so woefully inadequate, no valid defence can be formed. It
requests that the claim be struck out because of failure to
comply with CPR 16.4(1)(a), listing the Chan and Akande appeal
transcripts as persuasive argument. In the alternative, should
the judge not be persuaded, it asks the court to order the
claimant to submit fully detailed Particulars of Claim, which we
know from experience that the claimant is unable to fully comply
with.
All you need to do is edit your name, the claim number and then
sign the defence by typing your full name for the signature.
There is nothing to edit in the draft order or the two
transcripts. When done, save all the documents in PDF format and
attach them to an email addressed to
claimresponses.cnbc@justice.gov.uk and CC in yourself. Make sure
that the clim number in in the email subject field and in the
body, just put: "Please find attached the defence, transcripts
and draft order in the matter of Parking Control Management UK
Ltd v [your name] Claim No.: [claim number]"
--- Quote ---
>
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> Parking Control Management (UK) Ltd

> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
>
> 1. The Defendant denies the claim in its entirety. The
Defendant asserts that there is no liability to the Claimant and
that no debt is owed. The claim is without merit and does not
disclose any valid cause of action.
>
> Preliminary Matter
>
> 2. The Defendant respectfully submits that the Particulars of
Claim (PoC) fail to comply with the mandatory requirements of
CPR 16.4(1)(a), which states that the PoC must include a concise
statement of the facts on which the claimant relies. The PoC are
so deficient in particulars that they fail to disclose a cause
of action, making it impossible for the Defendant to plead
properly.
>
> 3. Specifically, the PoC lack:
>
> [indent](a) The specific terms of the alleged contract that
were purportedly breached;
>
> (b) The precise signage locations, alleged terms and
conditions displayed thereon, or details of how the alleged
breach occurred;
>
> (c) Attachment or details of the contract relied upon,
contrary to CPR PD 16.7.5;
>
> (d) Particularity as to the alleged breach, including its
nature, time, and location;
>
> (e) An explanation of how the sum claimed is calculated,
including the basis for any statutory interest, damages, or
other charges;
>
> (f) Clarity on whether the Defendant is sued as the driver or
the keeper of the vehicle, as the claimant cannot plead
alternative causes of action without specificity.[/indent]
>
> 4. In light of the above, the Defendant respectfully requests
that the court strikes out the claim pursuant to CPR 3.4(2) on
the basis that:
>
> [indent]• The statement of case discloses no reasonable
grounds for bringing the claim; and
>
> • The statement of case is an abuse of process.[/indent]
>
> 5. The Defendant cites the cases of CEL v Chan 2023 [E7GM9W44]
and CPMS v Akande 2024 [K0DP5J30], which are persuasive
appellate decisions. In these cases, claims were struck out due
to identical failures to comply with CPR 16.4(1)(a). Transcripts
of these decisions are attached to this Defence.
>
> Alternative Submission
>
> 6. The Defendant submits that the correct course of action is
for the court to strike out the claim due to the Claimant's
clear and material failure to comply with CPR 16.4(1)(a). The
rules exist to ensure fairness, and the Claimant's
non-compliance cannot be excused. The Defendant asserts that
"rules are rules," and the Claimant has failed to follow them.
>
> 7. However, in the unlikely event that the court does not
agree with the persuasive nature of the cited appellate
decisions, the Defendant submits the following alternative:
>
> [indent]• The court should make an order requiring the
Claimant to provide the following further and better
particulars:
>
> [indent](a) Set out the specific terms of the alleged contract
that were purportedly breached;
>
> (b) Specify the precise signage locations, alleged terms and
conditions displayed thereon, or details of how the alleged
breach occurred;
>
> (c) Provide attachment or details of the contract relied upon,
as required by CPR PD 16.7.5;
>
> (d) Provide particularity as to the alleged breach, including
its nature, time, and location;
>
> (e) Explain how the sum claimed is calculated, including the
basis for any statutory interest, damages, or other charges;
>
> (f) Clarify whether the Defendant is sued as the driver or the
keeper of the vehicle, as the claimant cannot plead alternative
causes of action without specificity.[/indent][/indent]
>
> 8. Without such particulars, the Defendant is unable to
properly respond to the claim, resulting in unfairness and
prejudice.
>
> Draft Order
>
> 9. A draft order is appended to this defence, which the
Defendant requests the court to consider adopting should the
claim not be struck out at this stage.
>
> Statement of Truth
>
> I believe that the facts stated in this Defence are true. I
understand that proceedings for contempt of court may be brought
against anyone who makes, or causes to be made, a false
statement in a document verified by a statement of truth without
an honest belief in its truth.
>
> Signed:
>
>
> Date:
--- End Quote ---
CEL v Chan transcript
HTML https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=5735s458&dl=0
CPMS v Akande transcript
HTML https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=4z757gg9&dl=0
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-order.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&st=saqthunn&dl=0
#Post#: 53149--------------------------------------------------
Re: Parking Control Management PCN - Moorside Legal - County
Court Claim
DIR By: shamzuddin
Date: January 13, 2025, 7:02 am
---------------------------------------------------------
Hello b789,
Thank you very much for your time and effort into drafting this
defence and finding the transcripts. I would just like to make
clear that I may have actually been sent a PoC in the past but
have misplaced it due to moving houses. Should I still proceed
with this defence?
#Post#: 53151--------------------------------------------------
Re: Parking Control Management PCN - Moorside Legal - County
Court Claim
DIR By: b789
Date: January 13, 2025, 7:16 am
---------------------------------------------------------
There is no such thing as being sent "a PoC". The PoC are a
section of the N1SDT Claim Form that you have shown us in your
images. I repeat it here for you:
HTML https://i.imgur.com/OssZkJ5.jpeg
You are responding to the claim with your defence as instructed.
Are you absolutely positive that you submitted an AoS? I ask
because of your confusion about terminology and forms.
By submitting an AoS, you are basically extending the time
allowed to submit your defence by 14 days. So, you either submit
your defence no later than 4pm on Friday 21st January or else
you submit (or already submitted) an AoS which then gives you
until 4pm on Friday 7th February to submit your defence.
#Post#: 53155--------------------------------------------------
Re: Parking Control Management PCN - Moorside Legal - County
Court Claim
DIR By: shamzuddin
Date: January 13, 2025, 7:59 am
---------------------------------------------------------
Thank you for clearing that up for me. Apologies for not being
familiar with the terminologies, I’ve never dealt with parking
tickets before and am trying to familiarise myself with the
forum. I’m only just learning all of the acronyms! I have
definitely submitted the Acknowledgement of Service and had the
date extended. I will now submit the defence and transcripts
with my details
#Post#: 56010--------------------------------------------------
Re: Parking Control Management PCN - Moorside Legal - County
Court Claim
DIR By: shamzuddin
Date: January 31, 2025, 7:46 am
---------------------------------------------------------
Hello,
I have attached the response I have received. It includes a
Directions questionnaire
[attachment deleted by admin]
#Post#: 56014--------------------------------------------------
Re: Parking Control Management PCN - Moorside Legal - County
Court Claim
DIR By: b789
Date: January 31, 2025, 7:55 am
---------------------------------------------------------
Having received your own N180 (make sure it is not simply a copy
of the claimants N180), do not use the paper form. Ignore all
the other forms that came with it. you can discard those.
Download your own here and fill it in on your computer. You sign
it by simply typing your full name in the signature box.
HTML https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf
Here are the answers to some of the less obvious questions:
[indent]• The name of the court is "Civil National Business
Centre".
• To be completed by "Your full name" and you are the
"Defendant".
• C1: "YES"
• D1: "NO". Reason: "I wish to question the Claimant about their
evidence at a hearing in person and to expose omissions and any
misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking
case paperwork for a living, having this case heard solely on
papers would appear to put the Claimant at an unfair advantage,
especially as they would no doubt prefer the Defendant not to
have the opportunity to expose the issues in the Claimants
template submissions or speak as the only true witness to events
in question.."
• F1: Whichever is your nearest county court. Use this to find
it:
HTML https://www.find-court-tribunal.service.gov.uk/search-option
• F3: "1".
• Sign the form by simply typing your full name for the
signature.[/indent]
When you have completed the form, attach it to a single email
addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk
and CC in yourself. Make sure that the claim number is in the
subject field of the email.
#Post#: 57064--------------------------------------------------
Re: Parking Control Management PCN - Moorside Legal - County
Court Claim
DIR By: shamzuddin
Date: February 7, 2025, 5:23 am
---------------------------------------------------------
Hello,
Thank you for your previous reply. I have now been given an
appointment for a telephone mediation session. Could you please
advise? Thanks again
Claim number:
Parties: PARKING CONTROL MANAGEMENT UK LIMITED v
Your telephone mediation appointment
Appointment date: 25/02/2025
Appointment time slot: 12:00 to 14:00
Your confidential
telephone mediation appointment has been
booked for the above date and time slot. This means that the
mediator will call you between the times shown. Your appointment
will last for around one hour from the point at which the
mediator calls.
The mediator will call both parties separately – you will not
talk directly to the other side. They will try to help you both
come to an agreement before the case goes to court.
Where your mediation appointment is mandatory, If you do not
attend the appointment, the judge will take this into
consideration at any court hearing and may issue a penalty. This
could include the judge automatically ruling in the other
party’s favour or ordering you to pay for some or all the other
party’s costs.
Preparing for your appointment
You must make sure you have provided us with, or confirmed, the
name and number of the person who will be conducting the
mediation appointment. If you have not done this, or need to
update your telephone number, you should contact us using the
details at the end of this letter no less than 5 working days
before your mediation appointment. Failure to do so may result
in your mediation appointment not taking place and may result in
a Judge issuing a penalty where the mediation was mandatory.
The mediator will call from a withheld number. Make sure that
withheld numbers are not blocked on your phone.
Be ready to receive a call from the mediator from the beginning
of your time slot. The mediator will call the telephone number
you provided in your application.
If the mediator cannot contact you within 10 minutes of the
appointment start, the appointment will be cancelled and you
may, where mediation is mandatory, face a penalty for
non-attendance.
Rebooking your appointment
If you need to rebook your appointment, you must have a good
reason. The administration team will only consider rebooking in
exceptional circumstances, such as an accident or a family
bereavement. You must let us know as soon as possible.
Nominating a different representative
If you want someone else to represent you
at mediation (like a trusted friend, relative or a
solicitor) you must contact the mediation team
If you want to choose someone to attend your mediation
appointment on your behalf who is not a part of the claim or is
not a legal representative, you will also need to complete a
delegated authority form. You can find out more about this on
GOV.UK.
Your representative must know the facts of the case, understand
how far you’re willing to compromise and have full authority to
act on your behalf. You’re legally bound to any settlement
agreements your representative makes on your behalf.
What happens in your mediation appointment?
Introduction from the mediator
The mediator will introduce themselves and check that you have
read and understood the mediation process.
Explaining your position
You will need to briefly explain your claim or defence to the
mediator. You should prepare for yourself a brief summary of the
main points.
Negotiating options 
You’re attending mediation with a view to settling
your case. This means negotiating to overcome disputed issues.
The mediator is neutral and helps each party to explore options
and discuss risks. Mediation works when you’re
willing to listen to what the other party has to say, negotiate
and agree a settlement.
Building agreement
Settlement can be in many different forms, for example, payment,
goods or work. Both parties must agree on the outcome and feel
they have reached an acceptable resolution.
Reaching a settlement
The mediator will read the terms of the settlement and confirm
agreement with each party. Once agreed, the settlement is
legally binding and cannot be changed. A copy of
the mediation settlement is sent to both parties and
placed on the court file.
Confidentiality
All mediation appointments are confidential. An
agreed settlement includes a standard confidentiality clause.
Ending the mediation process
The mediator can end the mediation if, at any time:
either party breaches the terms on which they agreed
to mediation
there is no prospect that the mediation will end in
settlement
the mediator deems it inappropriate to continue in the case that
one or both parties are vulnerable users
either party asks to end mediation
Find out more about Small Claims Mediation by watching our video
HERE. Find out more in the guide to the Small
Claims Mediation Service on GOV.UK.
Small Claims Mediation Service contact details
If you have any complaints or issues to raise about
the Mediation Service, contact us by email or
telephone:
Email:  scmreferrals@justice.gov.uk
Telephone: 0300 123 4593
Monday to Friday, 9am to 5pm
We record our calls for monitoring and training as it helps
improve the service we deliver. If you want to know more about
how we handle your personal data, visit
HTML https://www.gov.uk/government/collections/your-data-and-how-we-use-it
If you want to make a complaint by email, clearly title your
message as ‘complaint’ in the subject field. 
This e-mail and any attachments is intended only for the
attention of the addressee(s). Its unauthorised use, disclosure,
storage or copying is not permitted. If you are not the intended
recipient, please destroy all copies and inform the sender by
return e-mail. Internet e-mail is not a secure medium. Any reply
to this message could be intercepted and read by someone else.
Please bear that in mind when deciding whether to send material
in response to this message by e-mail. This e-mail (whether you
are the sender or the recipient) may be monitored, recorded and
retained by the Ministry of Justice. Monitoring / blocking
software may be used, and e-mail content may be read at any
time. You have a responsibility to ensure laws are not broken
when composing or forwarding e-mails and their contents.
Delegation Of Authority to Mediate.pdf
#Post#: 57068--------------------------------------------------
Re: Parking Control Management PCN - Moorside Legal - County
Court Claim
DIR By: b789
Date: February 7, 2025, 5:37 am
---------------------------------------------------------
Yup. Complete waste of time but it is only mandatory to "attend"
the call. It is not part of the judicial process and there is no
judge or solicitors involved.
You tell the mediator that the claimant has a copy of your
defence and you are only prepared to discuss it with a judge and
you offer £0. It will be over in minutes.
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