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#Post#: 100173--------------------------------------------------
Re: PCN from UKCPS limited
By: sue11 Date: November 28, 2025, 4:37 am
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Thank you b789. very much appreciate your help. Will submit the
draft and come back when there is more updates.
#Post#: 100492--------------------------------------------------
Re: PCN from UKCPS limited
By: sue11 Date: December 1, 2025, 5:59 am
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Thank you b789, I have submitted the defence today.
Just wondering how to deal with mediation phone calls. Is there
anything I need to be prepared for . TIA
#Post#: 100537--------------------------------------------------
Re: PCN from UKCPS limited
By: b789 Date: December 1, 2025, 9:50 am
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For the mediation call, the only requirement is for you "attend"
the call. It is not part of the judicial process and no judge is
involved.
This is what I advise you to say when you receive the call from
the mediator:
“Before I set out my position, please confirm from the
claimant’s side:[/I]
[indent][I]• the full name of the person attending for them;
• their role/position at their legal representative’s firm; and
• whether they hold written authority to negotiate and settle
today.[/indent]
Please relay that back to me before we continue.”
After the mediator calls back...
If identified and authority confirmed:
[indent]“Thank you. I’m content to proceed on that basis. My
settlement offer is £0, or I invite the claimant to discontinue
with no order as to costs.”[/indent]
If no/unclear authority:
[indent]“Please record that the claimant’s attendee has not
confirmed settlement authority. My position remains that
liability is denied and my offer is £0, subject to prompt
approval by an authorised solicitor if they choose to
discontinue.”[/indent]
If the mediator probes your defence:
[indent]”[I]In what capacity are you asking that question? Are
you legally trained? If not, please refrain from offering
opinions. I will be reporting any attempt to do so as
inappropriate[/I].”
All you need to know is the name and the position of the person
acting for the claimant and report that back to us. It will be
over within minutes. Complete waste of time otherwise.
#Post#: 100548--------------------------------------------------
Re: PCN from UKCPS limited
By: sue11 Date: December 1, 2025, 10:31 am
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Ok sure. will do. Thank you
#Post#: 103055--------------------------------------------------
Re: PCN from UKCPS limited
By: sue11 Date: December 18, 2025, 12:01 pm
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Recieved this reply via email regarding my claim. I would be
gratefull on any advice regarding the next steps to take as the
email does not give any timeline or details next steps.
TIA
Dear
Re:
Our Client: UKCPS ltd
Our Ref: xxxx
Claim Number: xxxx
We write in relation to the above matter.
Your Defence
We have reviewed your Defence and respond as follows: -
The Claimant does not accept the Defendant’s assertion that the
claim discloses no cause of action. The claim is founded in
contract, alternatively in statutory keeper liability pursuant
to Schedule 4 of the Protection of Freedoms Act 2012.
The Defence raises technical objections concerning the level of
detail in the Particulars of Claim. The Claimant notes that no
substantive denial of the parking event, the existence of
signage, or the incurrence of the parking charge is advanced.
The Defendant has therefore suffered no prejudice and clearly
understands the nature of the claim.
In any event, and without admission that the Particulars of
Claim are deficient, the Claimant confirms that it will rely
upon the following matters, which can be fully particularised if
required:
• A valid contract was formed by clear and prominent signage
at the relevant site on the material date.
• The signage set out the applicable terms and conditions,
including the parking charge payable upon breach.
• The vehicle was parked at xxxxxxxxxxxx in breach of those
terms, namely parked out of marked bay.
• The Defendant is liable as the driver of the vehicle, or
alternatively as the registered keeper under Schedule 4 of the
Protection of Freedoms Act 2012.
• The sum claimed comprises the parking charge and statutory
interest pursuant to section 69 of the County Courts Act 1984.
The Defendant’s reliance on Civil Enforcement Ltd v Chan and
CPMS Ltd v Akande is noted. Those decisions are non-binding,
fact-specific County Court authorities and do not establish a
general principle that amendment should be refused where a claim
is capable of being properly particularised.
The Claimant remains confident that the claim has merit and will
be determined in its favour. However, the Claimant remains
willing to deal with any genuine procedural concerns in a
proportionate manner in accordance with the overriding
objective.
In view of the above, our Client is satisfied that you are
liable for the full amount of the Claim, and we urge you to make
payment as soon as possible.
Settlement Proposal
Our Client remains open to settling the matter without the need
for the Claim to progress further, and as such proposes the
following settlement options:
£146.30 via one lump sum payment payable within the next 7 days;
or
£10.00 via 14 monthly payments with the first payment due within
the next 7 days.
How to pay
There is still time to make payment to avoid the need for a
Court hearing. You can do so in any of the following ways: -
• You can call us on 0330 828 5850 to make the relevant
payment arrangements. You will need you customer reference
number - xxxx; or
• You can make payment via bank transfer to the following
account -
Account holder name: Moorside Legal Services Limited
Bank name: xxx
Sort code: xxxx
Account number: xxxx
If you choose to make payment, via bank transfer you must use
the following reference as your payment reference xxxx to
ensure we can quickly allocate the payment to your matter. If
you do not, we may not be able to allocate the payment to your
matter
If you choose to make regular card payments to us these will be
made under a Continuous Payment Authority ('CPA'). This
authorises us to take the agreed amount on a regular basis. CPAs
can be set up weekly, fortnightly, or monthly. If we are unable
to take your payment, we will attempt to take the payment later
that day. If that fails, we will reattempt the next working day.
If you wish to provide an alternative payment proposal, please
contact us within 7 days of receipt of this email.
If the Claim is not settled
We hope this matter can be settled without further Court action,
however if we are not able to reach a settlement, please be
aware that our Client intends to proceed with the Claim.
If the Claim proceeds, the Court will ask both Parties to file
and serve a Directions Questionnaire, therefore we attach a copy
of our Client’s completed Directions Questionnaire and confirm
the same has been filed with the Court.
Email Service
As you provided this email address when you defended the Claim,
we intend to use it to serve documents on you throughout these
proceedings and will do so in PDF format. We will assume you
agree to this course of action unless you tell us otherwise
within 7 days. In accordance with Practice Direction 6A, if
there are any limitations to your agreement to accept service by
such means, please let us know within 7 days.
Subject to your agreement, we will also agree to accept email
service to litigationteam@moorsidelegal.co.uk.
You may wish to seek independent legal advice.
Yours sincerely
#Post#: 103063--------------------------------------------------
Re: PCN from UKCPS limited
By: b789 Date: December 18, 2025, 1:03 pm
---------------------------------------------------------
They have sent this because your defence hit a nerve. Your
defence forces them to confront that their pleaded Particulars
were sparse, generic, and vulnerable to strike-out reasoning.
They are trying to regain control of the case without doing the
one thing that actually matters in litigation: serving proper
Particulars (or properly seeking permission to amend them).
They are attempting three things at once.
First, they are trying to persuade you (and later, potentially,
the court) that your CPR 16.4 point is “just technical” and that
you “clearly understand the claim anyway”. That is a standard
tactic. It is not a legal answer to a deficient pleading. The
rules require them to plead a coherent cause of action with
proper particulars. A letter is not a statement of case.
Second, they are trying to plug the holes by giving you a
bullet-point list of what they say they will rely on. This is
not an amended Particulars of Claim, not verified by a statement
of truth, and not necessarily something the court has allowed
them to substitute for proper pleadings. In other words, they
are trying to get the benefit of proper particulars without
taking the procedural steps and risks that come with serving
them.
Third, they are applying pressure with a settlement pitch and a
short deadline. The timing is deliberate. They want you
distracted by “pay us within 7 days” and to shift your focus
away from court deadlines and case management. They also push
continuous payment authority (CPA), which is convenient for them
and risky for you.
The important giveaway is this: they are still trying to run
“driver or keeper” in the alternative, and they still do not
identify, in any proper pleaded way, the contractual clause
relied upon, the precise facts said to constitute the breach, or
the basis for keeper liability. They are effectively saying
“trust us, we’ll set it out later if required”. Courts do not
run on “we’ll explain later”.
Why they sent it now is simple. They know your defence is
capable of persuading a judge that this is exactly the kind of
bulk, low-detail claim that should never have been issued in
that form. They are trying to look reasonable, make you look
unreasonable, and steer you into paying before the court forces
them to do proper work.
What you should do in response is keep control. Do not phone. Do
not argue emotionally. Do not miss any court deadline. You reply
to (1) knock down the idea that a solicitor’s email cures
defective pleadings, (2) record that you do not consent to
amendments by stealth, and (3) make clear you will oppose any
attempt to retrofit a coherent case unless the court orders it
and appropriate directions are made.
For now, email the following response to them at
litigation@moorsidelegal.co.uk and CC yourself:
[quote]Subject: Claim number [xxxx] – your email dated [date]
Dear Sirs,
I acknowledge receipt of your email.
It is remarkable that Moorside Legal, having itself drafted and
issued the Particulars of Claim, now seeks to suggest that the
deficiencies identified in my Defence are mere “technicalities”.
They are not. They are the direct result of your firm’s failure,
as SRA‑regulated solicitors, to plead a coherent cause of
action in compliance with CPR 16.4 and PD 16 at the point you
chose to issue proceedings.
You were put on express notice in the Defence, with reference to
the persuasive appeal decisions in Civil Enforcement Ltd v Chan
and CPMS v Akande, that claims issued in materially similar form
have been struck out for failure to comply with CPR 16.4.
Instead of taking the proper procedural step of applying to
amend and serve compliant particulars (and accepting the risks
and consequences that flow from having issued a defective
claim), you are attempting to “particularise” the claim by
correspondence.
That is not how civil litigation works. A solicitor’s letter is
not a statement of case. It is not verified by a statement of
truth. It does not amend pleadings. It cannot cure defective
Particulars of Claim, and it cannot retrospectively manufacture
a properly pleaded cause of action after a Defence has exposed
the inadequacy of the claim as issued.
Your suggestion that there is “no prejudice” because I “clearly
understand the nature of the claim” is untenable. CPR 16.4(1)(a)
requires the facts relied on to be pleaded, and CPR 16.4(1)(c)
requires the remedy sought to be stated. I am entitled to know
the case I have to meet from your client’s pleaded statement of
case, not from informal narrative offered after the event. If
your client wishes to pursue this claim properly, you must
follow the rules: seek the Court’s permission where required,
file and serve properly pleaded amended particulars, and accept
any directions the Court considers appropriate. Any attempt to
proceed while treating correspondence as a substitute for
compliant pleadings will be opposed.
Your email also continues to advance “driver or keeper”
liability in the alternative without pleading a coherent factual
and legal basis for either route. That is precisely the type of
vague, hedged pleading criticised in cases of this kind and it
reinforces the point that this claim was issued without proper
legal analysis.
For the avoidance of doubt, I will retain this correspondence.
If your client persists with this claim to allocation and
beyond, I will place this email before the Court as part of my
evidence bundle to demonstrate that (1) your firm was on notice
of the pleaded defects and the relevant persuasive authorities,
and (2) your firm nonetheless attempted to bypass the CPR
pleading requirements by seeking to retrofit a case via
correspondence. I will invite the Court to consider whether such
conduct is unreasonable and whether case management sanctions
are appropriate.
Further, if the claim is discontinued at a late stage (including
after allocation, after directions, or close to any final
hearing), I will rely on the history of this matter, including
this correspondence, when seeking my costs under CPR 27.14(2)(g)
on the basis of unreasonable conduct.
Your settlement proposal is declined. I am content for this
matter to be determined by the Court.
Email service: I will accept service of documents by email only
if they are served as complete, legible PDF attachments. Please
confirm you will serve documents in that manner. I also note
your offer to accept service at
litigationteam@moorsidelegal.co.uk in PDF format.
Nothing in this email is any admission as to the alleged event,
the existence of any contract, the adequacy of signage, or
liability as driver or keeper. All rights are reserved.
Yours faithfully,
[Name]
[Address]
[Email]
[Claim number][/quote]
When the time comes to submit your N180 Directions Questionnaire
(DQ), you will submit it with a covering letter which I will
provide once your are ready to submit the N180.
#Post#: 103316--------------------------------------------------
Re: PCN from UKCPS limited
By: sue11 Date: December 20, 2025, 7:55 am
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Thank you so much . Will get this emailed. Should this be sent
in a pdf format as attachment or something ? or just a normal
email would suffice.
Also just wanted to check that there is nothing else pending
from my end at this stage, as there has been no further contact
from court . I presume either the court .
Thank you so much for your detailed reply .
#Post#: 103357--------------------------------------------------
Re: PCN from UKCPS limited
By: b789 Date: December 20, 2025, 11:00 am
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It doesn't matter whether sent s a PDF attachment or just as an
email. As long as you have a copy of what you sent, that is what
is important. You will be able to evidence that they were warned
about their behaviour.
#Post#: 103423--------------------------------------------------
Re: PCN from UKCPS limited
By: sue11 Date: December 21, 2025, 6:11 am
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So I send this email and wait to hear from either moor legal or
court regarding further actions?
#Post#: 103448--------------------------------------------------
Re: PCN from UKCPS limited
By: b789 Date: December 21, 2025, 10:37 am
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Just send it and then you wait and see what they respond with.
You are putting the 'ball' back in their court.
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