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Mill Collections Taking me to Court

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Hi All.

 

Looking for a bit of help and direction here

 

On the 16th September

 

i had a letter from Mil Collections Saying debt purchased Letter before action

 

The letter was very vague and and The registration plate was for a car i had previously owned

So i wanted to know more about the alleged debt as i didnt remember getting a parking fine

 

i wrote back and asked for more information ie copy of the ticket dates times Pictures if any.

I sent it recorded delivery and heard nothing back till i received a county court letter

 

The court letter had more information about the claim.

 

When i looked at it i realised that it wasnt me that was driving the vehicle at the time but a family member who was using the car whilst buying it off me paying me instalments monthly which is why the car was still in my name at that time of the alleged offence.

 

i never sent log book until all the payments had been paid off.

 

I have now received another letter from court with a hearing date etc at my local county court

 

Ive been looking around the web and have read up on Mil and looked at cases that they have taken to court and lost

 

Im not 100% sure how to attack this.

 

Should i send Mil a part 18 Request and ask for all the relevant information ie

 

The original deed of assignment

• A copy of the notice to driver

• A copy of the notice to keeper

• Photos of the Alleged vehicle causing the alleged offence

• A letter from the DVLA giving permission to use my data

 

And hope it puts a spanner in their works

 

or just go to court and see if i can get them to throw it out due to Mil ignoring my letter for more info?

 

Has anyone here had any experience with Mil?

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Think it is part CPR 31.14 for disclosure and part 18 might not be relevant. The former is to ask for evidence mentioned in their claim. Part 18 is to ask questions.

 

What has the person who parked the car said about this ? Did they get a ticket on their windscreen ? Did they have permission by the permit holder of the parking space to park in this car park ? With some flats there are temporary permits for visitors.


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http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***(1-Viewing)-nbsp

 

 

can you fill the above out please

and post up the defence you filed too.

 

 

you need to URGENTLY get a CPR 31:14 away to mils.

 

 

to the solicitors

[Your address]

.

[Their address [solicitors]

.

[Date]

.

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

.

1. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

.

3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court.

.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

.

If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

.

You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence.

.

Yours faithfully

.

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Think it is part CPR 31.14 for disclosure and part 18 might not be relevant. The former is to ask for evidence mentioned in their claim. Part 18 is to ask questions.

 

What has the person who parked the car said about this ? Did they get a ticket on their windscreen ? Did they have permission by the permit holder of the parking space to park in this car park ? With some flats there are temporary permits for visitors.

 

It was my Nieces Boyfriend who she is no longer with and doesnt speak to him so im not able to get any info from him im afraid

/ :

 

Thanks for your response.

 

Initially when i received the court letter i just wrote back as my defence that i knew nothing of the Fine and i explained that i had wrote to mil to seek the information and they had ignored me.

I will fill out the above and get the cpr31:14 sent out tomorrow

 

 

Just looking at the cpr 13:14

 

It asks for the claimants solicitors but in actual fact this company are not representing anybody they have bought the debts and are now trying to take them to court them selves and represent them selves

 

 

Thanks for your response.

 

Initially when i received the court letter i just wrote back as my defence that i knew nothing of the Fine and i explained that i had wrote to mil to seek the information and they had ignored me.

I will fill out the above and get the cpr31:14 sent out tomorrow

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I really do hope you didn't use the word FINE in any letters nor in your defence

as that will tell them you really don't know what you are talking about or doing..

 

hence they've moved it fwd to allocation stage.

have you gotten the N180 back to them and the court

 

we need to see you full defence please

it will guide us upon how much water bailing we need to be doing for you.

 

and please do that other link I posted too

 

without those two we will be paddling around in circle.

 

mils are a DCA

there will be a name sols on the claimform

cpr goes to them


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Name of the Claimant Mil Collections

Date of issue 14th December 2016

 

 

( I opted to try mediation but they passed it back to the courts as I couldn’t mediate if I didn’t know exactly what I was mediating)

 

Particulars of the claim

Charges for parking on Private land

1/The claimant purchased the debt on 14/09/2016 Assignment was sent 15/09/2016

 

2/ The defendant was the registered keeper and/or the driver of the vehicle at the time

The charge is as follows

Ref

***** OFFENCE: No Permit Location

***** RESIDENTS PARKING AREAS AT ********* Manchester DATE & TIME ***********

MAKE MODEL COLOUR ********

 

3/ The claimant wrote to the defendant 16/09/2016 informing of intention to issue a summons. No resolution achieved

THE CLAIMANT CLAIMS

1/Debt Amount £160

2/Administrative and collection fee £50

Total £210

 

The Claim has been issued by MIL

I wasn’t aware of any claim & I didn’t receive a notice of assignment

 

There is definitely no Solicitors Details on the Claim Form

and from looking around on other forums

these guys seem to represent them selves and most of the time dont have a representative in court

 

 

He we go this what i sent as my defence as i didnt really know what to say

2itpqgz.jpg

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last bits please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

 

and have you been and taken photos of the signs there?

 

 

can you also scan up to PDF the letters you got

follow the upload


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They dont use solicitors, not even the likes of Gladstones or BWL will take these losers on.

 

Read all about them on the parking pranksters blog.

They dont like court as they ALWAYS lose as they have no locus standi.

reason is that the assignment of the debt isnt properly executed and these was no debt in the first place.

 

Yes, do the CPR 31.14 asking for proof of assignment from the landlord to enter into contracts and make civil claims in their own name for parking co,

 

proof of planning consent for the signage and equipment at the site,

 

proof that the terms offered, if forming a contract, were actually breached by way of photographic evidence and a copy of the letter of assignment of the debt that was sent to the debtor on the 15/09/16.

 

they wont be able to produce any of this.

 

In the meanwhile write to court and say that

"MIL have no locus standi and list some of the other cases where they have been ripped to shreds and say that they have no prospect of ever succeeding in their claim and that the Particulars of Claim do not fulfil the requirements of CPR 16 and rule 32.14 as MIL collections know that they are not true"

 

Your defence is unfortunately not going to defeat event their rubbish claim because it isnt a defence, it is a moan about the unfairness of it all and that will get you sympathy but no result

 

so get sending an addition to what you have said including the above statement and add

 

" In any case, the defendant was neither the driver nor the keeper at the time of the alleged breach so puts it to strict proof of a cause for action by the plaintiff against the defendant"

 

 

You will be obliged to send this to the court and the plaintiff.

( no bad thing, they may well drop the matter once they realise you are starting to use the right words

 

You now have to find out all about the original alleged breach.

This was a residential parking place so likely that it wont have the right permissions nor the right signage to form a contract so you need to get pictures of the signs to use when the case is allocated a date.

 

alos, clear your messages of old junk, it is not possible to message you until you do

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If you have received a parking ticket or a letter concerning one:

 

Firstly,

please check whether this is a PENALTY charge Notice or a parking charge.

If this is a PENALTY charge notice , please click HERE

 

For a windscreen ticket (Notice To Driver) please answer the following questions....

I was not the driver of the vehicle. My nieces boyfriend was buying the car from me and paying instalments. the car was to be in my name till he had paid it off. My niece isn't in contact with the lad anymore so can't get any information.

 

1 The date of infringement?

 

2 Have you yet to appeal to the parking company? [Y/N?]

N/a

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload

 

has there been a response?

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

N/a

 

If you haven't appealed yet - ,.........

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it

Did the NTK provide photographic evidence?

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] N/a

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

N/a

5 Who is the parking company?

 

6. where exactly [Carpark name and town] did you park?

......................... ....

 

For tickets received through the post [ANPR camera capture] (Notice to Keeper)

 

please answer the following questions.

 

1 Date of the infringement

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] N/a

 

3 Date received N/a

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] N/a

 

5 Is there any photographic evidence of the event? Don't know

 

6 Have you appealed? {y/n?] post up you appeal] n/a

Have you had a response? [Y/N?] post it up n/a

 

7 Who is the parking company?

U.K. Parking patrol office Ltd

 

8. Where exactly [carpark name and town] residents parking area at Albion mill Manchester

For either option, does it say which appeals body they operate under. No

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

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so parking co is called UK parking patrol office? They joined the IPC in nov 2015 so their nTK wont have been POFA compliant.this is another point to make in your amended defence.

Have you still got the letter(NTK from them? That is more useful than everything you have posted up so far as it can kill the basis of any claim.

all of th above relates to a ticket, not a court claim.

Have you got rid of all of your junk messages in your in box yet

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Thanks E-B

Im drawing up Cpr 16 letter now

Will get one ready for court also

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sent you a PM that may be helpful,

 

 

dont normally do this so let me know if it is useful to you or not.

 

Will continue to try and help here,

make sure you read up on MIL at the parkingpranksters blog as you can use the info there to help word your additional defence points

 

You havent read the post properly,

CPR 31.14 request for documents goes to MIL

 

A CPR 16 is request for strike out of claim and that goes to court,

either as part of your amended defence or as a separate document.

 

A copy of the amended claim should be sent to MIL,

you dont need to send a copy of the CPR 16 request to them.

 

Post up what you propose to say in the amended defence submission before you send it,

we may change words,

the order of things

or suggest additions.

 

 

Knowing what their signs say would be massively helpful,

do you know anyone who could photograph them and send them to you as an email attachment so we can have a look?

 

from what I can see on Google,

the signage is hidden,

you cant see it from the road

and the writing is very small

or it is not opbvious that a contract is being offered at all.

 

 

The wording of the contract may well be too vague or confusing to create an obligation

but that is a matter for the written evidence bundle you will have to exchanege before the matter is heard.

 

 

Do you have a date for the hearing yet?

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I will check out parking pranksters and get some case history for mill.

If need be I could take a trip to Manchester and get pictures.

 

Sorry I don't have any correspondence from the parking company. I have cleared my inbox

 

It has been transferred to Birmingham now and I have an initial date 9th May but the claimant needs to pay £25 hearing fee by 6th march or the case could be removed from the list

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keep an eye on the clock,

 

if they are late paying

ask for the claim to be struck out

otherwise they may resurrect it at some point (unlikely)

 

If you ask for a strike out make sure you say that the POC is defective,

no chance of success based upon (list a load of others where they have fallen down)

 

and say that they are abusing the courts to try and coerce people into paying them when no monies could possibly be due to them as assignment of debt is improperly notified

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forgot to ask, who signed the particulars of claim? MIL have a problem with using a fake name to sign off their forms.

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Its signed by Alan Davies Managing Director.

 

Just Had a letter from DVLA with information of Companies that Have Requested My Details and there is nothing from Mil Or Uk Parking Patrol Office Ltd

 

I called the dvla to confirm this and they said i wasnt the owner of the vehicle on the date in question.

 

I think MIL have got their dates mixed up. ( :

 

DVLA are sending me an acquisition of disposal for the vehicle in question

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you have asked the wrong question of the DVLA,

you were suppoed to ask WHO has accessed your details EVER,

not ask them about a company that has illegally bought the information from some other bandit.

 

 

You must read what is written here and elsewhwere very carefully so you dont make an assumption about what is said or asked for.

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I wrote a complaint to them before i came on here about my data being used unlawfully and asked them who they had supplied my information to and when.

 

There was only 3 occasions dating back to 2013

2 from the council and 1 from parking eye dated 8/7/2014

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PE dont pass on the info so nothing to do with them.

 

The DVLA have confirmed that the keeper details have been acquired but there seems to be an error so you need to go back to them and clarify this matter.

 

Also,

as part of your CPR 31.14 request

you need to ask for "strict proof" of who the driver was at the time of the event.

 

As your DVLA data indicates you weren't the keeper (!)

then the parking co must have been informed that you were the driver at the time by someone

so they will have to produce that info or admit that they don't have any evidence.

 

It could be that the family member got the NTK and decided to tell the that you were driving.

Edited by honeybee13
Paras.

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