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#Post#: 84003--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: b789
Date: August 4, 2025, 5:36 am
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--- Quote from: Pauly436 link ---
>
> Questions I have.
>
> 1) Now this has been given a court date. Does this mean the
judge has decided to let it proceed and not strike it out? Or
could this still happen.
>
> 2) Should I just wait and see if the court fee is paid before
doing anything else. With the claimant now having to pay this
fee and commit a person to the trial is there a chance they back
down? 🤞
>
> 3) Should I come back here if they pay the trial fee for help
with my defence?
>
--- End Quote ---
1. No, this does not mean that that it will proceed to trial. It
is still likely to be discontinued just before the trial fee has
to be paid.
2. Yes, absolutely. It is at the point where the trial fee has
to be paid that most of these cases are discontinued.
3. If the trial fee is paid, then that is a sign that they
intend to go to trial. Your defence has already been submitted.
You would have to prepare a Witness Statement (WS). However, you
do not need to do anything until you've see the claimants WS,
even if that means you have to submit yours a day or so after
the deadline.
I suggest you call the court on 23rd August to see whether the
trial fee has been paid. If it hasn't, then the claim is struck
out. If it has, then you wait to receive a copy of the claimants
WS.
#Post#: 86814--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: Pauly436
Date: August 22, 2025, 11:39 am
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Trial fee has been paid.
Hi All. I rang the court earlier today and the trial fee has
been paid. So looks like this is going the distance.
Questions I have going forward.
1) It has been mentioned a few times on here that it would be
rare for this to ever get to court. Are you surprised this is
going to court now? Any ideas why they are taking it this far?
2) Is the opportunity for it to be thrown out now passed (unless
moorside decide to pull it themselves?)
3) When defended myself in court, can I only mention things that
I previously put in my defence that was made by b789 for me. Or
can I add other details specifically about my case.
4) In what format will I receive the Claimant witness statement
( post or email). if I wait to see theirs before submitting
mine and miss the deadline are there any repercussions or is it
expected that I wait for theirs first?
Finally I would appreciate any further guidance you have. This
is uncharted territory for me.
Thanks
Pauly
#Post#: 86821--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: b789
Date: August 22, 2025, 12:06 pm
---------------------------------------------------------
The deadline to file Witness Statements (WS) and evidence is 14
days before the hearing. Do not file your WS until you have seen
the claimant’s WS. Moorside’s WS will almost certainly be
hearsay from an employee and can be given little weight.
Wait to review what they actually rely on — especially for an
alleged “observed leaving site” breach. Similar claims have
previously drawn judicial criticism; one such matter became
known as the “toothbrush” case after the judge warned the
representative that bringing another claim of that kind could
lead to contempt consequences.
Accordingly, hold back your WS until theirs is served. Even if
that means filing yours a day or so late, it is important to
address and rebut exactly what they put forward.
#Post#: 86823--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: DWMB2
Date: August 22, 2025, 12:12 pm
---------------------------------------------------------
Do keep a keen eye on any correspondence, as there's a fair
chance that the claimant will leave it relatively close to the
deadline to file their WS, too.
#Post#: 86825--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: Pauly436
Date: August 22, 2025, 12:15 pm
---------------------------------------------------------
Is it common practice to start building my WS before seeing
theirs and then tweeking? If I wait for theirs before putting
anything together, one days notice to turn around my WS with no
experience is daunting.
Although I have noticed the responses to help come extremely
quickly here.
Thanks
Pauly
#Post#: 86892--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: b789
Date: August 23, 2025, 6:57 am
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Yes, of course you can start drafting your WS. Always be
prepared. However, I really can't see this going all the way to
a hearing. If it actually does, the you will be well prepared.
#Post#: 88426--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: Pauly436
Date: September 4, 2025, 12:32 pm
---------------------------------------------------------
Witness statements are due 14 days before the trial which is
tomorrow (Friday 4/9/25). The WS from the claimant has still not
arrived. Would you expect it via post or email?
All other correspondence has been by post but they have my email
from the N180.
Because the 14 days lands on a Friday but I was advised to wait
and read theirs before submitting mine. Would submitting mine on
Monday be pushing it? I assume the court wouldn't process it on
a weekend.
Thanks
Pauly
#Post#: 88492--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: b789
Date: September 5, 2025, 1:12 am
---------------------------------------------------------
As you only came to us after you had received the claim, did you
receive a Letter of Claim (LoC) from Moorside and if so, did you
respond, and if so, what did you respond with? Did you request
the evidence their client relied on? Did you out them to strict
proof of anything?
They will submit their WS bundle by email if they have not
forgotten about it. You are dealing with a firm of incompetents
and there is a chance that by submitting your WS you will
trigger a panic response from Moorside. I have tried to head
that off in the WS.
I still don’t think that they will dare try and present this
case in court. However, just in case I’m wrong, I have put
together a WS you can use.
If you have not received anything by 4pm today, I have prepared
the body of your WS that you can submit at 4pm today by email.
You will need to attach the two transcripts as evidence to the
WS and they are referenced in it:
--- Quote ---
> 1. I am the Defendant and a litigant in person. This statement
is confined to the Claimant’s defective Particulars of Claim and
to their failure to serve any witness statement or exhibits by
the court’s deadline of Friday 5 September 2025.
>
> 2. As at today’s date, the Claimant has served nothing beyond
their vague, template Particulars of Claim. There is therefore
nothing for me to answer other than that bare pleading.
>
> 3. I am filing after the evidence deadline because I
reasonably awaited the Claimant’s witness statement and bundle
so that I could respond to the case they chose to advance. None
has been served. This filing simply records the position created
by their default and causes no prejudice.
>
> 4. The Particulars of Claim do not comply with CPR 16.4(1)(a).
They do not set out a concise statement of the facts relied upon
and they disclose no recognisable cause of action that I can
meet.
>
> 5. No contract or exact wording of any term is set out or
attached as required by Practice Direction 16 paragraph 7.5.
>
> 6. The Particulars do not say whether I am pursued as driver
or as registered keeper. Those are different legal bases and the
Claimant should plead one clear case.
>
> 7. No material facts are pleaded: not what was done, where,
when, or for how long; no signage or contractual nexus is
identified; no legal basis is explained. I am left guessing and
that is prejudicial.
>
> 8. The amount claimed is not properly particularised. There is
no breakdown between any principal sum and any add-ons, and no
legal basis is given for additional sums or interest.
>
> 9. For online claims, Practice Direction 7C paragraph 5.2(2)
allows a claimant to serve separate, detailed Particulars within
14 days if space is limited. The Claimant chose not to do so.
The continuing lack of particulars is therefore a choice.
>
> 10. The Claimant’s solicitors are officers of the court and
are under a positive duty by CPR 1.3 to help the court further
the overriding objective. It is a dereliction of that duty to
issue and persist with Particulars that do not meet CPR
16.4(1)(a), and then to ignore the court’s directions by missing
the 5 September 2025 evidence deadline.
>
> 11. Their default is serious and significant. As a represented
party they should be held to a strict standard of compliance.
This is not a minor technicality but conduct that wastes court
time and obstructs the just, expeditious and proportionate
resolution of the case.
>
> 12. Any suggestion that pre-action correspondence somehow
cures the defective pleading is denied. The issues are defined
by the statements of case. A witness statement is for evidence;
it is not a vehicle to plead a new case after the deadline or to
retrofit particulars that were never pleaded.
>
> 13. If the Claimant now seeks to serve a late witness
statement, I oppose relief from sanctions. There is a serious
and significant breach, no good reason has been offered, and all
the circumstances—especially the prejudice to a litigant in
person and the Claimant’s represented status—favour refusal. The
court should not permit an ambush after seeing my position.
>
> 14. The Claimant missed the 4pm, Friday 5 September 2025
evidence deadline. Under CPR 32.10 they may not rely on any
witness statement served late without permission. If relief from
sanctions is sought, I oppose it: the breach is serious and
significant; there is no good reason; and all the
circumstances—including their represented status, the prejudice
to a litigant in person, the attempted ambush after seeing my
statement, and wasted court time—favour refusal (*Denton*; CPR
3.9). As officers of the court (CPR 1.3) their serial
non-compliance warrants sanction, not indulgence.
>
> 15. If, contrary to that, any late material is admitted, it
should be confined strictly to matters already pleaded; any new
allegations, new contractual terms or new causes of action
should be excluded; and I should have a fair opportunity to
respond, including an adjournment with my costs thrown away.
>
> 16. Any late statement from a Moorside employee will be
hearsay from someone with no first-hand knowledge. I ask the
court to give such material little or no weight.
>
> 17. I attach and rely upon Civil Enforcement Ltd v Chan (2023)
and Car Park Management Services v Akande (2024) (Exhibits AUTH1
and AUTH2). These persuasive appellate authorities struck out
near-identical parking templates for failure to comply with CPR
16.4(1)(a) and confirm that a claimant must properly plead its
case rather than attempting to retrofit it later.
>
> 18. In light of the above, I invite the court to strike out
the claim under CPR 3.4(2)(a) because the statement of case
discloses no reasonable grounds for bringing the claim. I
further invite the court to sanction the Claimant’s solicitors
for their dereliction of duty as officers of the court and for
their abuse of process in missing the court’s deadline.
>
> 19. In the alternative, I ask the court to dismiss the claim,
refuse any late attempt to expand or amend it, and consider
costs for unreasonable conduct under CPR 27.14(2)(g).
--- End Quote ---
As this will be your “bundle” you will need to put it all
together as a single PDF file, correctly paginated. The WS will
need the court header (same as for the defence but titled
“Witness Statement”) and a Statement of Truth (again, same as in
the defence but with “witness statement” instead of “defence”).
As this is a small claims track, the judge on the day is not
going to have read anything and will be skim reading. I suggest
you also add the following as part of your bundle...
A single cover page, big font, double spaced:
--- Quote ---
> 1. Claimant (represented) missed 4pm Friday 5 Sept 2025 for
WS/exhibits.
>
> 2. CPR 32.10: no reliance on a late WS without permission.
>
> 3. Denton: serious/significant; no good reason; all the
circumstances (ambush after seeing mine; I’m LiP; they’re
solicitors/ officers of court under CPR 1.3).
>
> 4. Prejudice: I lose any chance to deal with new facts/terms;
asymmetric forensic disadvantage; wastes court time.
>
> 5. Pleaded case still defective (CPR 16.4(1)(a) / PD16 7.5;
PD7C 5.2(2) ignored).
>
> 6. Authorities: CEL v Chan (2023), CPMS v Akande (2024):
near-identical templates struck out.
>
> Order sought: exclude late WS; strike out under CPR 3.4(2)(a).
> If admitted: (i) limit to pleaded issues only; (ii) no new
terms/causes; (iii) adjourn or permit a short reply WS within 7
days; (iv) costs thrown away.
>
--- End Quote ---
After the WS, include the transcripts as referenced and also the
draft order that was submitted with the defence.
If Moorside try and ambush you with a late WS submitted after
yours, let us know and I can give you a Supplemental WS that you
can then submit which destroys their failures and requests
appropriate sanctions.
#Post#: 88499--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: Pauly436
Date: September 5, 2025, 1:45 am
---------------------------------------------------------
Thank you for the sheer amount of advice and work you have put
in for me b789.
I did receive a LoC, and in my naivety before I came to the
site, I thought this was just another bullying letter like the
others they send out demanding money.
Attached here
HTML https://ibb.co/gMCkKK8k
HTML https://ibb.co/1YCHt5hk
HTML https://ibb.co/RkXT5Sby
I did not respond. Error
I didn't ask them to prove anything. I asked them for a SAR to
see everything they had.
Would you recommend I add any specifics about the parking
incident in the WS? No signs on the entrance to the car park?
only being in the car park for 1 minute and 22 seconds? or does
that just add more confusion. You have clearly provided me so
many points already. Having read other threads on this site it
seems that this wont get past the first bullet point before the
judge throws it out.
I will prepare this WS into a PDF now like you described, ready
to send at 4pm. If I hear from Moorside before then I will let
you know immediately.
Thanks
Pauly
#Post#: 88500--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: b789
Date: September 5, 2025, 1:56 am
---------------------------------------------------------
You can only respond to the PoC. The PoC do not state a cause of
action. You have to assume that the recipient of a claim has no
knowledge of what it is about. It is up to the claimant to
provide enough detail for the defendant to understand the claim.
As with all claims issued by the utter incompetents at Moorside
Legal, they never comply with CPR 16.4(1)1(a) which means that
they do not even include a concise cause of action.
All they have pleaded is that you, either as driver or Keeper
are in breach of contract. They have not even said what the
contractual terms you have allegedly breached. The court will
have no idea that they are alleging that the breach is a term
that can be breached. How can the court know that they are
alleging that the term of contract breached is someone left the
site? How exactly is that term written? Does it apply to the
driver only? Does it apply to anyone in the vehicle? How. Is the
‘site’ boundary defined’? How do they intend to hold you liable
as the Keeper?
Without stating the cause of action, it could be because no blue
cars are allowed to park on a Wednesday between 0945 and 1127.
Who knows? I could go on but you get the idea.
So, DO NOT add anything about the unknown cause of action.
Just remember, do not submit that until after 4pm.
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