DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 75168--------------------------------------------------
Re: Letter of Claim from Moorside Legal
By: b789 Date: June 6, 2025, 11:46 am
---------------------------------------------------------
Typical claim issued by the incompetents at Moorside Legal. With
an issue date of 3rd June, you have until 4pm on Monday 23rd
June to submit your defence. If you submit an Acknowledgement of
Service (AoS) before then, you would then have until 4pm on
Monday 7th July to submit your defence.
If you want to submit an AoS then follow the instructions in
this linked PDF:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Otherwise, here is the defence and link to the draft order and
relevant transcripts that go with it. You only need to edit your
name and the claim number. You sign the defence by typing your
full name for the signature and date it. There is nothing to
edit in the draft order.
When you're ready you send all the documents as a single PDF
attachment (in the order of 'defence', 'draft order' and then
the 2 'transcripts') in an email to
claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim
number must be in the email subject field and in the body of the
email just put: "Please find attached the defence and draft
order in the matter of UKCPS Ltd v [your full name] Claim no.:
[claim number]."
[quote][center]IN THE COUNTY COURT[/center]
[right]Claim No: [Claim Number][/right]
[center]BETWEEN:
UKCPS Ltd
Claimant
- and -
[Defendant's Full Name]

Defendant
[hr]
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 adequately
disclose any comprehensible cause of action.
2. There is a lack of precise detail in the Particulars of Claim
(PoC) in respect of the factual and legal allegations made
against the Defendant such that the PoC do not comply with CPR
16.4(1)(a).
3. The Defendant is unable to plead properly to the PoC because:
[indent](a) The contract referred to is not detailed or attached
to the PoC in accordance with CPR PD 16(7.5);
(b) The PoC do not state the exact wording of the clause (or
clauses) of the terms and conditions of the contract (or
contracts) which is/are relied on;
(c) The PoC do not adequately set out the reason (or reasons)
why the claimant asserts the defendant has breached the contract
(or contracts)
(d) The PoC do not state with sufficient particularity
exactly where the breach occurred, the exact time when the
breach occurred and how long it is alleged that the vehicle was
parked before the parking charge was allegedly incurred;
(e) The PoC do not state precisely how the sum claimed is
calculated, including the basis for any statutory interest,
damages, or other charges;
(f) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages;
(g) The PoC do not provide 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. 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.
5. The Defendant attaches to this defence a copy of a draft
order approved by a district judge at another court. The court
struck out the claim of its own initiative after determining
that the Particulars of Claim failed to comply with CPR
16.4.(1)(a). The judge noted that the claimant had failed to:
[indent](i) Set out the exact wording of the clause (or clauses)
of the terms and conditions relied upon;
(ii) Failed to explain the reasons why the defendant was
allegedly in breach of contract;
(iii) Provide separate, detailed Particulars of Claim as
permitted under CPR PD 7C.5.2(2).
(iv) The court further observed that, given the modest sum
claimed, requiring further case management steps would be
disproportionate and contrary to the overriding objective.
Accordingly, the judge struck out the claim outright rather than
permitting an amendment.[/indent]
6. The Defendant submits that the same reasoning applies in this
case and invites the court to adopt a similar approach by
striking out the claim for the Claimant’s failure to comply with
CPR 16.4(1)(a).
7. Further, the Defendant responded in full to the Claimant’s
Letter of Claim, raising detailed questions and requesting
disclosure in accordance with the Pre-Action Protocol for Debt
Claims (PAPDC). The Claimant’s solicitor failed to respond at
all to that letter, thereby breaching paragraphs 3.1(a)–(d),
5.1, and 5.2 of the PAPDC. The Claimant's failure to engage
meaningfully or provide the requested information denied the
Defendant the opportunity to understand the claim or consider
settlement, frustrating the Protocol's objectives and wasting
court resources.
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:[/quote]
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/zc23txk7poctyyxiv2ytx/Strikeout-order-1-a-v2.1.pdf?rlkey=pancly3z6zwqt2cra5rvvh3ls&st=nq7a58tz&dl=0
CEL v Chan Transcript
HTML https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=i8dnbod3&dl=0
CPMS v Akande Transcript
HTML https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=qi4lv3fv&dl=0
#Post#: 80821--------------------------------------------------
Re: Notice to Pay from Court & Letter from Moorside Legal wi
th docs
By: IAN28221 Date: July 13, 2025, 11:57 am
---------------------------------------------------------
Further to sending the defence and response pack to the Court. I
attach a copy of the response and the subsequent letter / Notice
to pay I received from the Court. I have taken no action to
date.
I have on 11 July now received a letter dated 7 July 2025 with
payment instructions, a defence to the counter-claim and a
questionnaire from Moorside Legal.
What are the next steps?
Await your responses.
[attachment deleted by admin]
#Post#: 80827--------------------------------------------------
Re: Letter of Claim from Moorside Legal
By: b789 Date: July 13, 2025, 12:31 pm
---------------------------------------------------------
Who on earth advised you to counterclaim??????????
In post #10 you were instructed on how to respond to the claim
and how ti submit an AoS if you needed extra time. Why did you
complete the paper AoS when you were given explicit instructions
on how to file it using MCOL??????
#Post#: 80832--------------------------------------------------
Re: Letter of Claim from Moorside Legal
By: IAN28221 Date: July 13, 2025, 1:55 pm
---------------------------------------------------------
:'( Apologies. Did I get in=t wrong? I thought I had to
complete the response pack as well together with your proposed
documents. I only put on that I expected any legal and out of
pocket expenses to be reimbursed. Does that now affect the case?
#Post#: 80859--------------------------------------------------
Re: Letter of Claim from Moorside Legal
By: IAN28221 Date: July 13, 2025, 7:51 pm
---------------------------------------------------------
Hi,
Are you able to assist?
I sent everything to court by email and by post as - I believe -
was suggested as I did not have access to a Govt Gateway
account.
As stated, I only put on the response that they should reimburse
my costs and out of pocket expenses but I have not done anything
about that and left it.
I have not heard anything back form the court as yet other than
the Notice to Pay as sent to you to review / consider.
The only other documents were from Morside Legal again as sent
to you for review / consideration.
Please help!!! (pretty please).
Again, apologies if I did anything wrong in the submission of
the papers to the court.
:'( :'( :'( :'( :'( :'(
#Post#: 80860--------------------------------------------------
Re: Letter of Claim from Moorside Legal
By: IAN28221 Date: July 13, 2025, 7:55 pm
---------------------------------------------------------
Also, should I register through the MCOL or is to no longer
possible?
#Post#: 80994--------------------------------------------------
Re: Letter of Claim from Moorside Legal
By: DWMB2 Date: July 14, 2025, 4:28 pm
---------------------------------------------------------
This has all gone a bit Pete Tong - I assume you haven't paid
any counterclaim fee? If not, it should be dead by now anyway.
With regards to the paper form, did you fill anything in on the
defence section?
#Post#: 81003--------------------------------------------------
Re: Letter of Claim from Moorside Legal
By: IAN28221 Date: July 14, 2025, 5:59 pm
---------------------------------------------------------
Hi,
No I did not pay any counterclaim fee. In fact, I did not
respond to the Notice to Pay and the notes on that suggested if
I did not pay then that would be dismissed or words to that
effect.
With the papers I sent you as an attachment the exact copy of
the response I filed with the Court by email and also posted to
them together with the Defence you provided the case laws and
draft Order.
Does that help you?
All was sent by email and by post within specified times.
#Post#: 81192--------------------------------------------------
Re: Letter of Claim from Moorside Legal
By: b789 Date: July 16, 2025, 4:23 am
---------------------------------------------------------
you need to call the CNBC and tell them you do not intend to
counterclaim.
#Post#: 81524--------------------------------------------------
Re: Letter of Claim from Moorside Legal
By: IAN28221 Date: July 17, 2025, 5:57 pm
---------------------------------------------------------
Thank you.
Do you think it would be in order for me to email the court and
say I withdraw the counter claim but still intend to pursue the
defence.
Unfortunately, I am not going to get round to telephone them and
also do not want them to make an administrative error.
*****************************************************
DIR Next Page