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Court Claim Form received - MIL Collections
Mango62
post Tue, 27 Sep 2016 - 14:23
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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.
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post Tue, 27 Sep 2016 - 14:23
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Jlc
post Mon, 30 Apr 2018 - 08:09
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Apply for wasted costs?

This is where a counterclaim comes into its own as you pay your fees and a hearing commences for the counterclaim only...

This post has been edited by Jlc: Mon, 30 Apr 2018 - 08:10


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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ostell
post Mon, 30 Apr 2018 - 08:16
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Thanks, I wasn't sure of the terminology.
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Mango62
post Mon, 30 Apr 2018 - 08:29
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QUOTE (ostell @ Mon, 30 Apr 2018 - 08:09) *
but you sent your defence in ?

I must admit I'm not completely clear about the rules but if a case is started but then discontinued after a defence has been submitted then the claimant could beliable for costs. Worth a punt. Point out that the PPCs are using the courts as a cheap form of det collectors.


Yes..... defence was submitted on line to the Northampton processing centre way back in October 2016 !! It took a year and a half for the case to be allocated.
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nosferatu1001
post Mon, 30 Apr 2018 - 08:35
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Small claims track allows for costs-free discontinuance. You ouwl have to show unreasonable behaviour., Worth a punt

Did MIL get your details from a PPC? If os now this is discotniunued send a LBA to the PPC for £500 for selling your data unlawfully to MIL.
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Mango62
post Mon, 30 Apr 2018 - 08:50
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QUOTE (nosferatu1001 @ Mon, 30 Apr 2018 - 08:35) *
Small claims track allows for costs-free discontinuance. You ouwl have to show unreasonable behaviour., Worth a punt

Did MIL get your details from a PPC? If os now this is discotniunued send a LBA to the PPC for £500 for selling your data unlawfully to MIL.


I will write to the judge requesting costs for unreasonable behaviour. I had already written to her a few weeks ago detailing examples of MIL's unreasonable behaviour and how they use the small claims process as a cheap form of debt collection. Now that they've discontinued I will write to the judge again. it is worth a punt.

Yes - MIL did get my details from the PPC. The PPC "assigned/sold" the debt to MIL. I did send a LBA to the PPC back in October 2016. I received no reply and now they've gone into liquidation. They were Northwest Parking Enforcement, now they've formed a new company called Northwest Parking Management.
You can't sue a company in liquidation.
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Umkomaas
post Mon, 30 Apr 2018 - 10:06
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QUOTE
now they've gone into liquidation.

Encouraged and advised by their trade association perhaps?
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Mango62
post Mon, 30 Apr 2018 - 10:10
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QUOTE (Umkomaas @ Mon, 30 Apr 2018 - 10:06) *
QUOTE
now they've gone into liquidation.

Encouraged and advised by their trade association perhaps?


Most probably ! Funnily enough they were in the IPC now they're with the BPA.

This post has been edited by Mango62: Mon, 30 Apr 2018 - 10:11
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Umkomaas
post Mon, 30 Apr 2018 - 10:18
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QUOTE (Mango62 @ Mon, 30 Apr 2018 - 11:10) *
QUOTE (Umkomaas @ Mon, 30 Apr 2018 - 10:06) *
QUOTE
now they've gone into liquidation.

Encouraged and advised by their trade association perhaps?


Most probably ! Funnily enough they were in the IPC now they're with the BPA.

Either ATA will scrape up the other's droppings, seemingly.
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nosferatu1001
post Mon, 30 Apr 2018 - 11:59
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Possibility of perodsnal liability here on the directors?

After GDPR there is definitely more scope ofr that....

What about suing MIL, who undertook to cease all cases months back?
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Jlc
post Mon, 30 Apr 2018 - 13:17
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Unfortunately, even the DPO does not have any personal liability.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Mango62
post Mon, 30 Apr 2018 - 13:34
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I checked with the court at lunchtime and it turns out they have not received a copy of the N279 form (Notice of Discontinuance) from MIL Collections. The court clerk took a copy of the N279 form that I'd received and filed it with my case.

Will this be ok ? Can I definitely assume the claim is discontinued ? I noticed on the N279 form that MIL's "Head of Legal" had signed a statement saying that a copy of the form had been served on ALL parties.

I'm just a bit concerned because I know some claimants deliberately do not send the N279 form to the court and then when the defendant doesn't turn up to the hearing a default judgement is made against them !
Now that I've given the court a copy of the N279, it should be ok. Yes ?

Does the judge have to sign the N279 send a copy to both parties ?
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Jlc
post Mon, 30 Apr 2018 - 14:35
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Until the court confirms I would assume it's still live.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Mango62
post Mon, 30 Apr 2018 - 14:43
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QUOTE (Jlc @ Mon, 30 Apr 2018 - 14:35) *
Until the court confirms I would assume it's still live.

I've been informed that the court don't confirm. The N279 from the claimant is the only correspondence I'll receive.
The claimant was supposed to pay their court fees by 27th April. If they didn't then the case is automatically closed. Would the court tell me if the claimant paid their fees or not ?
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kommando
post Mon, 30 Apr 2018 - 15:25
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QUOTE
I'm just a bit concerned because I know some claimants deliberately do not send the N279 form to the court and then when the defendant doesn't turn up to the hearing a default judgement is made against them !


That is a trick CEL used to get up to so you are right to want it officially confirmed.

QUOTE
I've been informed that the court don't confirm. The N279 from the claimant is the only correspondence I'll receive.


Yes the court will not send out a written confirmation of the N279 but they should respond to a phone call asking if it has been discontinued. Its this phone call you are advised to make as this is what all CEL claim defendants are advised to do as they used to try tricks, and if you don't get the answer you need then ring again a few days later.
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