I hope someone can help please. I believe Hotel Oscar 87 & GAN are the experts where MIL Collections are concerned !
Registered keeper has received a court Claim Form. Claimant is MIL. Claim is for £175.
In short the registered keeper received a parking ticket from a private parking company (Northwest Parking Enforcement). It was a Pay & Display car park & 2 hrs parking was purchased for £2. We accidentally overstayed by 9 minutes and received a ticket for that. Photos were taken of vehicle after only 7 mins. I'm aware in Oct 2015 regulations were introduced to allow a statutory 10 minute (minimum) grace period in which to leave the car park. The operator should not begin to issue a ticket until the 10 min grace period has expired. So I believe they breached their COP and no debt exists. To also charge £100 for an overstay of 9 mins, when it only cost £1 to park for an hour is surely a penalty & is not lawful in contract law.
We ignored NWPE letters and Debt Recovery Plus letters. We then received a letter from MIL pretending to be NWPE stating that the debt had been sold under agreement of assignment to MIL. We then received a Letter Before Action from MIL.
We responded to the LBA strongly denying any debt exists and pointing out to MIL that their letter failed entirely to comply with the requirements of the Pre-Action conduct. We also requested further info from MIL similar to a Part 18 request. I used examples posted by HO87.
I also took advice from the BMPA who suggested I wrote a letter of complaint to MIL since they had broken the CSA cop and the FCA cop. Again I strongly disputed any debt. I had hoped the letter would stall MIL as they are supposed to suspend proceedings whilst a complaint is investigated.
Needless to say I received no replies to my 2 letters. (Proof of postage obtained).
We were dismayed to therefore receive the court Claim Form last week. The Particulars of Claim state the charge is for parking on private land. The offence is "parked after the expiry of paid for time". Not sure whether this is trespass or breach of contract ?
Anyway I have spent hours & hours reading the forums regarding MIL and in particular posts by the experts. I have a pretty good idea what a defence should look like from reading the posts...... breaches of cop, no valid deed of assignment, champerty & maintenance, claimant does not have a direct interest in the claim, no GPEOL etc. I've collated a lot of info but I could do with help in making a defence relevant to the case and pointing out anything we've omitted.
I have of course kept all correspondence & I have photos of the carpark signage.
I have used MCOL to acknowledge the Claim on line & stated that the claim will be defended in full. I have not submitted any defence yet. I now have 28 days from date of service to submit a defence.

Data Sharing Policy Group (D16)
"Robert Toft" <Robert.Toft@dvla.gsi.gov.uk>
"Kevin Watts" <Kevin.Watts@dvla.gsi.gov.uk>
"Sara Purcell" <Sara.Purcell@dvla.gsi.gov.uk>
"Claire Morgan" <Claire.Morgan@dvla.gsi.gov.uk>

Dunnow how accurate these are.

from a posting back in 2016

This is live
FOI@dvla.gsi.gov.uk

Thank you. Witness Statement done. What sort of things constitute "evidence" ?



I will be emailing DVLA first thing Monday morning & sending copies of David Dunsford's emails.



I looked at the ICO website. There is a phone no and on-line chat available. There is no email address or postal address. Their only advice is to resolve any issues with the company concerned. In other words, they don't want to know ! As with all government agencies, they don't want to get involved. It's just lip service. I don't have the time to make costly phone calls or to use on-line chat to make a complaint that they, in all probability, wouldn't act on anyway.
However, I shall be complaining to the DVLA.



Will do.

This post has been edited by Mango62: Sun, 18 Feb 2018 - 10:11

There’s a web form to make a complaint.

complain all you want , the DVLA will not take any action

ICO is who you’re complaining to

He dvla have no real reason not to ban MIL , they’re small fry in this and they’re seen to be doing “something”.

there are legal things going on in the background, I may know more March/April

MIL do NOT have DVLA access , DVLA cannot touch them , HOWEVER they can hurt the companies that sell data to them ,,,,,,,,,,,,,,, but they wont

the DVLA are rumoured to be taking legal action, but we wont know for a little while.

MIL cant be touched by DVLA, however they are not immune from the ICO.

DVLA have "been taking action" for the last 3 yrs + , dont expect anything from them , as you say MIL CANNOT be touched by the DVLA , and forget any action by b the ICO , they have been going "la la la" for several yrs

yes, but I have seen documents that you probably have not. Be patient.

DVLA firing squads?


is this DVLA staff ?

DVLA is squirming, they are worried about being sued. It complex, I dont have the full pic. YET

I hope victims of MIL do sue the DVLA, something has got to be done.

it is legally complex and certainly beyond me, however IF the dvla knew that the likes of northwest WAS selling tickets to MIL and DVLA continued to allow kadoe access and those details were then sold on then arguably DVLA was not looking after data and they are worried. The fines could be very large.

We may know more in April-ish.

Northwest (Parking Enforcement) have applied for voluntary liquidation.

Northwest (Parking Management) the other company is still live.

I have sent a letter of complaint to the CEO of the DVLA and Robert Toft of the DVLA.
See what comes of that....... if anything.

The Data Protection rules change in May. GDPR is far tougher than EU Data Protection at the moment.

They will definitely have twitchy bums once that comes in.

Excellent, pls keep us informed, if they dont reply within a week then chase them up.

UPDATE......
Received a letter from local court with a Small Claims Hearing date scheduled for the end of May.

The only direction in the letter is to exchange documents 14 days before hearing date. There is no indication of what those documents should be nor is there any mention that the court should receive a copy ! Do they assume you know ? Only from extensive reading on Pepipoo & MSE forums do I know that I need to put a bundle together containing defence, Witness statement and evidence. I'm also aware the court needs a copy of the bundle.
The only advice in the allocation letter is to read leaflet EX306. I've read this but it only explains the small claims process...... which I'm well aware of by now ! It also does not explain what documents you may wish to file.
The hearing has been allocated 1 hour.

I have almost completed my Witness Statement & I have several pieces of evidence, including emails from the DVLA.

One question I have is do I need to write a skeleton argument ? If so, how is that different from my defence ?
I have already filed a detailed defence based on advice and information from HO87 and the Parking Prankster. So do I need a skeleton argument as well ?

Can I send my bundle by email to MIL or is it best to send by post ?