MIAH Solicitors - re UKCPS PCN rom Feb 2013 - Please please help

[asdanemma]

Hi

My partner recieved a parking fine from UKCPS. Im not sure if it was left on the car or just came through by post. But this was back in Feb 2013. I advised her to ignore as it was what i thought was not enforceable. We had parked at a local retail park where there is no charge. I think we may have parked in parent and child bay whilst running into Boots for some medicine. The woman who was employed at the time by UKCPS took photos of the inside of our car without us in it. She was so close to our car she may even have touched it.

Anyway, i advised to not pay as no money had been lost by UKCPS, as it was and still is a free car park. A few letters arrived but on the whole nothing happened.

I came home last night to a letter from The Miah solicitors ( which seems to be the same format and wording as everyones elses from the miah) saying that the Court of Appeal ruled on the 23rd April 2015 that a charge for parking on private land is not extravangant or unconscionable! ( Im guessing this was the lincolnshire one, where i live) I am attaching the letter for you

I dont know if theyre acting as debt collectors or litigators and i have at no time entered into any contract but if that is this case then isnt there something about VAT as well?

What can i do, were not paying £275 to park where we can park for free . Fuming but a little scared as UKCPS go to court

Thanks

[Cardiff Devil]

I'd take down the attachment and redact the reference number and your name before re-uploading.

 

I'm guessing you've ignored them up completely up until now, meaning you've almost certainly lost your chance to appeal to the adjudicator (POPLA), although this might be worth a try. As UKCPS were members of the BPA at this point (before they jumped ship to the IPC at the start of this year), they may still allow you access to POPLA if requested.

 

UKCPS shouldn't be quoting the Court of Appeal ruling (the Beavis case) since this is currently awaiting a further appeal at the Supreme Court. In any event, that was for a very specific set of circumstances which almost certainly do not apply in your case (Beavis wasn't anything to do with parent and child spaces). It certainly doesn't set a cast iron case precedent that legitimises their entire operation. In any case your parking event took place over 2 years before the Beavis ruling so I don't see how they can rely on that now.

 

UKCPS are absolutely toothless and will in all probability not take you to court. They're known as being one of the more particularly clueless PPCs. They're just sending you these letters now in the hope of scaring you into coughing up. I've got a case with them currently running and I'm practically begging them to take me to court but they won't bite, sadly.

[citizenB]

I have unapproved the attachment in post # 1 as it is showing personal details - references and name. You will need to edit your document and repost.

[asdanemma]

Thank you, I did advise my partner to ignore as it was a few years ago. Shall I draft a letter, citing how they cannot go on car law as it is at appeal etc.

[asdanemma]

Removed

[SabreSheep]

DO not engage them in letter tennis

 

Ignore,

 

IF and IF they send a N1 Claim form then return here for advice

[ericsbrother]

unless it is headed Letter Before Action or letter before claim then it is just another debt collectors letter and can be ignored.

You see how they use a solicitor as a DCA? This is designed to scare you into paying up, sometime Bailiff co's do the letter writing and people think they are going to have their furniture removed.

They havent done anything about it until now and I beyt they are hoping that you have forgotten all about what happened at the time but it is still for the parking co to prove their case so no harm done by your action.

Parent and child parking? Pah. How are they going to prove the absence of a child? Even photographs of someone leaving the car wont wash because if they ahd the time to film your wife they had time to tell her not to park there. No mitigation of loss= no payout.