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Miah Solicitors threatening court on March 2015 UKCPS ticket

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I received a windscreen invoice from UKCPS after being parked illegal in a private car park.

 

The background to the case was that my elderly mother who is diabetic was having a hypoglycaemic attack.

It was medical emergency.

My mother is a Blue Badge holder but there was not time to display the badge.

 

I completely ignored UKCPS demands for payment after reading advice on forums.

I have now received the attached letter from Miah Solicitors.

They have sent me Practice Direct on Pre-Action Conduct.

 

What would action would you all advise me to take?

 

 

Should I now just pay it or continue to ignore it.

 

 

Are they likely to take to court and would they like win they did so.

 

 

I'm unable to provide evidence to support my case.

 

 

Many thanks.

Edited by Distorted Vision

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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pers details showing in numerous places on the scan.

removed

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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I would suspect that as this has been going on since 10 march

you continue to ignore

 

 

let the experts confirm.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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I received a windscreen invoice from UKCPS after being parked illegal in a private car park.

 

The background to the case was that my elderly mother who is diabetic was having a hypoglycaemic attack.

It was medical emergency.

My mother is a Blue Badge holder but there was not time to display the badge.

 

I completely ignored UKCPS demands for payment after reading advice on forums.

I have now received the attached letter from Miah Solicitors.

They have sent me Practice Direct on Pre-Action Conduct.

 

What would action would you all advise me to take?

 

 

Should I now just pay it or continue to ignore it.

 

 

Are they likely to take to court and would they like win they did so.

 

 

I'm unable to provide evidence to support my case.

 

 

Many thanks.

 

Well if you want to pay it, then pay it.

 

If you ignore this letter then Miah state that they,

 

' will take their clients instructions which may include considering issuing legal proceedings. '

which is pretty much what most debt collectors say.

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Obviously I don't want to pay. You ask should I pay? So it's not obvious.

 

Do they actually have a valid claim. Will they win in court?

 

You will have to give us more information.

 

What was the date of the NTD?

 

What was the date the NTK was received?

Post up a redacted copy please.

 

What was the car park serving? Supermarket, retail park, etc?

Give us the address please.

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first of all, note the reply email address Miahs use- debt recovery. that should be enough to tell you in what capacity they atre contacting you but are relying on their company letterhead to make you worry it is something more.

Also, if you want to you can complain tot he SRA about them adding £155 of alleged costs as they are not entitled to any of this, you havent entered into a contract with them so if the parking co has well more fool them. The reality is that it is just money for nothing if you are naive enough to pay.

The chances of UKPCS winning a properly defended claim are very small but you must tell us everything about the event and what paperwork you have received since so we can suggest what to do next.

My advice is to respond with a very brief denial tht monies are due but the exact reason why will depend on your circumstances so let us know quickly as they see a lack of response as a good thing for them as they think you wont defend a court claim either. If it was a ticket on car for not displaying blue badge that will be easy to beat if you actually have one.

You write to Miahs and say that there was no such breach of contract as the BB number xxxxxxxxx was displayed in the vehicle at the time and that it is not yout fault that the operative could not be bothered to look for it properly.

As there is no such thing as a correct or incorrect method of displaying BB's on private land they would have to produce photographs of your vehicle from every conceivable angle to even start rebutting this. My bet is that it will casue the letters to stop.

Dont contact UKPCS at this point, as Miah's will charge them for the pleasure of being the gopher.

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Letters received prior to the letter from Miahs Solicitors attached.

 

 

ericsbrother: Would you be willing to check my letter to Miahs Solicitors.

Edited by dx100uk
attachments removed pers in fo showing

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My letter is below. Will it suffice?

"Dear Sir / Madam,

Re: Parking Charge Notice:

I deny that any monies are owing. The reason I was parked in the car park were because my mother who is diabetic was having a hypoglycaemic attack. I was dealing with a medical emergency My mother is a blue badge holder and Blue Badge No.: p was displayed in the vehicle.

Yours faithfully,"

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No, do not send that.

 

If you respond you do so as the RK because that is who they are trying to say is liable.

 

Having briefly looked at your attachments, it seems that the NTD was issued for not having a valid permit? This would suggest that the signage states permit holders only. Do you have a picture of the signage?

 

This would mean that the car and driver can only be treated as trespassers as you can't enter into a contract for something that you are not allowed to do.

 

Plenty else wrong if they are relying on the POFA but I can't read everything till im home later.

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I wouldnt say that at all, that is mitigation, which will get you nowhere. Just say there was no breach of contract because BB Number xxxxx was displayed and it is not your fault the operative didnt see it.

You dont have to prove a thing, it is for them to show their claim is real. Do not help them in doing this by giving them any detail of anything. Do not mention who the driver was nor that the badge is your mothers. just that you are the keeper and the badge was displayed.

And never post up personal details on a consumer forum as they will be now showing for the rest of eternity. Edit your post if possible or ask the administrators to do so.

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I have asked for your attachments to be taken down as they contain the parking reference numbers, which will identify you. Delete these and you can repost them. Take some time reading similar posts so you dont have to correct your postings. likewise never post up any details of vehicle reg, blue badge number etc. There are some strange people out there.

Now, repost your original ticket on car and NTK without any identifying serial numbers etc and we will have a proper look.

When you do respond to Miah's say "the keeper" when referring to yourself instead of I or "the driver informs the keeper that" when talking about the event. They have sent a begging letter to you as a third party with possible liability because they dont know who the driver was at the time. If they get this worng there is no keeper liability and they ahve to go back to the driver You are not obliged to help them identify the driver so dont.

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well, the signs confuse contract law with trespass so that is one argument but it is best to have other stronger ones so tell us more about the circumstances of how you arrived there and got a ticket, the date of the ticket, why a blue badge would make a difference since it is permit holders only (you can argue that if you were visiting the site they need to make allowances under the equalities act) when you got the NTK etc. Whose land is it? offices/retail/residential?

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The land is owned by retail.

 

This is my revised letter:

 

The registered keeper of the vehicle denies that any monies are owing. The reason the keeper was parked in the car park was because the keeper’s mother who is diabetic was having a hypoglycaemic attack. There was no breach of contract as Blue Badge No.: xxx xxxxxxxx was displayed. The registered keeper argues that an allowance should be made for the case in the circumstances by the Equalities Act 2010.

Edited by Distorted Vision

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NO, you are missing the entire point and identifying yourself as the driver by saying keepers mother rather than just BB holder. . Also, entirely irrelevant without a reason for the lack of reasonable adjustment so tell us more about this and how come you werent in the vehicle when the operative came round..

tell us exactly where the car park is and what it is for and we can be of more help but you have to read carefully what people say or you will drop yourself in it.

the location given is a bit vague and even the satellite images dont help me identify where the car park was, you are going to have to be more specific. It looks like the back of Vision Express on Winfield way or the car park by the market so is this the place?

In short tell us everything about the event.

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I have another idea which I was hoping to save:-

their Notice to Keeper is defective so write to Miahs and say that "there was no description of the conditions supposedly breached specified on the notice to keeper and this makes the notice non-compliant with the PoFA 2012 so there can be no cause of action against you as there is no keeper liability".

Dont mention anything else and let us know all of the other bits in case they still want to make a nuisance of themselves.

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The events were as follows:

We were returning from shopping at Morrisons. My mother was having a hypo. We pulled into the car park and I took my mother to the newsagent to purchase glucose. When we returned back to the car there was a notice to keeper attached to the windscreen.

 

I've acted in haste and already posted the following letter:

 

"The registered keeper of the vehicle denies that any monies are owing. The reason the driver was parked in the car park was because the diver’s mother who is diabetic was having a hypoglycaemic attack. There was no breach of contract as Blue Badge No.: XXXX was displayed."

 

 

Should I write a second follow-up letter with what ericsbrother stated above or just await their response.

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No armadillo71 deliberately ignored the letters after reading posts on this forum. I have a major deadline at work so I needed to deal with this ASAP.

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