Miah Solicitors threatening court on March 2015 UKCPS ticket

[dx100uk]

post 1 still has pcn number showing line 3 of letter

 

 

unapproved.

 

 

not sure what age of posts you were reading

but the ignore advise is a good few years now

on here

 

 

dx

[ericsbrother]

As you have already sent off a letter that identifies you as the driver by your relationship to your mother (use of grammar may just save you on this)

you have now made the job of refuting the claim very difficult indeed.

 

Sending a follw up letter will make you look like you are being untruthful and evasive so you will have to live with what you have.

 

Best say nothing further until you get something from them to indicate what they are going to do and then go with the lack of compliance with the keeper liability for the PoFA.

 

Problem there is they know or believe that you were the driver at the time so you need something else.

 

Contact the local council and see if UKPCS have been granted planning permission for the signs under the advertising display regs of the Town and Country Planning Act.

 

If they havent been granted PP then the signs are there ILLEGALLY

and you cannot enter a contract with someone whislt commiting a crime.

[Distorted Vision]

I've contacted Halton Borough Council and this is their reply:

 

 

"

To whom it may concern,

 

Re: Land located between the Halifax Bank and Widnes Market Hall, Widnes Town Centre, Widnes

 

Following interrogation of the planning history system, there are no advertising consents recorded for the above land.

 

Regards

 

Tim Gibbs BSc MSc DipSurv MRTPI MRICS

Divisional Manager - Policy and Development Services

Policy, Planning and Transportation Department

Policy and Resources Directorate

Halton Borough Council, Floor 2, Municipal Building, Kingsway, Widnes. WA8 7QF."

[Distorted Vision]

ericsbrother:

 

Does this confirm that what you said above?

 

The signage is illegal so I could not have entered into a contract with UKCPS?

[dx100uk]

Brilliant news game over!

 

Dx

[Distorted Vision]

Guys - thank you all of you for your help. This was causing me a lot of stress.

[Distorted Vision]

I was considering emailing Miah Solicitors to let them know that I know that the signage is illegal

"

Dear Sir / Madam,

Halton Borough Council have confirmed that UKCPS have not been granted planning permission for the signs for the car park

under the advertising display regulations of the Town and Country Planning Act 1990.

The signage is therefore illegal and therefore the driver has not entered into a contract with UKCPS.

This concludes that there is no monies owing to UKCPS by the registered keeper of the vehicle.

Yours sincerely,"

Should I proceed or not?

Edited November 26, 2015 by Distorted Vision

[Distorted Vision]

Also can I make a complaint about Miahs Solicitors to the Solicitors Regulation Authority?

[ericsbrother]

no, they are acting as debt collectors and thus not covered by SRA.

Would I send that email? Yes, as long as you have a method of sending a copy to yourself. It is all about creating a paper trail so if the muppets do decide to sue you can show that you did act in a reasonable manner and tried to prevent the courts time being wasted by this ridiculous claim.

[Distorted Vision]

I was going to send Miah's this email:

 

 

"

Dear Sir / Madam,

 

Notwithstanding that I deny any debt to UKCPS, I note that your letter dated 20th November 2015 demands £150 for legal costs.

 

Your client has either failed woefully in its duty to mitigate costs or the sum has not been incurred and the demand is fraudulent.

In neither case am I liable for the payment.

 

If you insist that the charge is justified, please provide a copy of your invoice to UKCPS.

If this is not possible, please confirm :

 

1. The Invoice number and details of the VAT component.

2. The date that your client paid the invoice.

3. Details of the time spent and activities performed for which you charged the client £150.

 

If none of the requested information is provided, I require a full explanation for the charge.

 

I will not enter into any further discussion of the UKCPS parking charge until I am satisfied by your reply.

 

Do not contact me again by any form of communication other than to provide the answers to my questions. Failure to supply me with this information will result in a complaint to the Solicitors Regulation Authority.

 

 

Yours faithfully.

"

[Distorted Vision]

Do I have grounds to make a complaint to the SRA on the basis of the above?

[ericsbrother]

What part of no dont you understand.

 

 

As for the rest,

a complete waste of ink,

keep it short and to the point.

 

 

Anything else just invites further harassment by them as they think you dont know what you are talking about

and as their claim about the extra money is utter cobblers

you are inviting them to send you a corrected bill that you cant argue about.

it is a very slippery slope.

 

Just send the short letter stating no contract as they are engaging in criminal activity and leave it at that.

Dont enter into any further correspondence ansd certainly dont invite it.

[Distorted Vision]

(This message has been deliberately deleted)

Edited November 30, 2015 by Distorted Vision

[someone-else]

I have created a new user account so not to assist Miah Solicitors with their claim against. I've contacted the owners of the land.

 

 

The signs have not been displayed illegally and do not require planning permission as they are allowed under permitted development rights. See copy attached.

This aside UKCPS are only involved because the area is not a car park, it is a service yard and we are required to restrict usage to prevent members of the public from mixing with delivery vehicles.

Kind Regards

Rob Morton MRICS

Associate

Commercial Property Management

[someone-else]

Is this correct? The no planning permission is no defence against the claim being brought against me?

[armadillo71]

Read the signage.

 

Parking is for permit holders only.

 

Anybody else parking there is a trespasser, so no contract can be formed with the driver.

 

You can't agree to a contract for something you are not allowed to do...

[ericsbrother]

Ive already told you they arent so why are you asking about a response to a letter you should never have sent.

You are just looking for trouble and have now found it.

 

 

UKPCS will think you a bumbling fool and will probably take advantage of that.

Why did you write to the owners of the land and ask them about it when you already have the answer form the people who make those decisions.

 

You are a prime example of the people who come here because they dont know somehting so they ask,

get a response but as they dont believe the answer is true go away and just ignore what they should have taken on board.

 

This may seem harsh but consider this, you havent asked the landowner anything, you have asked the managing agents,

who have a vested interest in this deception so why do you believe them and not us?

 

Your choice really,

pay up becasue someone tells you that the moon is made of cheese

or do a bit of research and read the 2006 regs about deemed consent and what signs it applies to.

 

 

If the sign saya "bus stop" then it doesnt need permission but this one will do,

even though it is done on the nod as the council has to have good grounds for refusing.

 

The house number on your front door is covered by the legislation but that is deemed consent.

However, if the government changes its minds on what can and cant be done it doent need primry legislation,

just an order nodded through parliament at 0845am on a tuseday and it is so.