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Mil Judgement
Hexx
post Mon, 19 Mar 2018 - 11:41
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Good Morning. I used to post on here as farmerboy but had to drop out for personal reasons a year back and havent been able to log back in with my old details so Im starting over. A friend has received a judgment from Mil Collections. She received a non compliant LBA in December but never received the claim form only the judgement. I am putting the defence together and will submit the N244 form this friday and the £255 set aside fee.

1. Do I include with the N244 at this stage any other documents eg the D Dunsford email from Feb 2017 re: date Protection and Kadoe Breach or is this for later? Is it just a paragraphed defence with nothing else at this stage?

2. foi@dvla.gsi.gov.uk. Is this the correct address to complain to the DVLA?

3. How do I go about wording the retrieval of the £255 from the court or Mil?

4. Should I contact Mil referencing Champerty and Maintance and asking for the signed and dated Deed of Assignment between them and Llawnroc Parking and their permission from the DVLA that has allowed them to pursue my friend?

Thanks in advance.
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post Mon, 19 Mar 2018 - 11:41
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Spudandros
post Wed, 4 Jul 2018 - 10:34
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QUOTE (SchoolRunMum @ Wed, 4 Jul 2018 - 01:58) *
Very good!

Thanks for the update - which Judge and which Court, please? MIL have no chance because the DVLA have confirmed parking firms can't sell them data like this, assuming Llawnroc Parking got your friend's data from the DVLA in the first place.


Surely any claim would be against Llawnroc for selling the debt?

This post has been edited by Spudandros: Wed, 4 Jul 2018 - 10:34
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Hexx
post Wed, 4 Jul 2018 - 11:38
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QUOTE (SchoolRunMum @ Wed, 4 Jul 2018 - 01:58) *
Very good!

Thanks for the update - which Judge and which Court, please? MIL have no chance because the DVLA have confirmed parking firms can't sell them data like this, assuming Llawnroc Parking got your friend's data from the DVLA in the first place.


Truro Court and the judge was DJ Taylor.
Mil are literally less than 5 mins away. I hand delivered the witness statement to them the previous week. Theyre not listed on the intercom on the main entrance to the Palace Building but are at an unmarked side entrance.
Yes they applied for the keeper details from the DVLA.
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SchoolRunMum
post Wed, 4 Jul 2018 - 15:32
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QUOTE (Spudandros @ Wed, 4 Jul 2018 - 11:34) *
QUOTE (SchoolRunMum @ Wed, 4 Jul 2018 - 01:58) *
Very good!

Thanks for the update - which Judge and which Court, please? MIL have no chance because the DVLA have confirmed parking firms can't sell them data like this, assuming Llawnroc Parking got your friend's data from the DVLA in the first place.


Surely any claim would be against Llawnroc for selling the debt?


Yes it would.

Glad to see this OP didn't throw money at a lay rep seeking money, kudos and publicity - unnecessary in any MIL case.
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Hexx
post Fri, 10 Aug 2018 - 10:46
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Morning to everyone!!
Update on this one.

I submitted the defence and Mil couldnt be bothered and discontinued. We're going to chase MIl for the £255 set aside fee and I sent a letter a last month back requesting various pieces of information (permission from the DVLA to sell my friends data. the deed of assignment, compliant LBA etc) and they failed to reply within 30 days under GDPR.

The last court order setting out the orders for the final hearing stated 'No order for costs'. When I brought up the costs reserved order at the set aside hearing the judge said that would be dealt with at the final hearing which of course never happened.
I've spoken to the court and they said I could make an application to the judge for the claiming back of costs but that would cost us £255!!!!!

My question is as we're pursuing MIl and will make a claim against them if they dont pay the £255 should we claim from them £750 for data protection fails and not adhering to the new GDPR rules or make a separate claim against LLawnroc?
Thanks

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nosferatu1001
post Fri, 10 Aug 2018 - 11:43
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Yes, but that applicaiton itself would be added to the costs bill
You could apply for a hearing on papers - its straightforward!
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emanresu
post Fri, 10 Aug 2018 - 14:56
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QUOTE
I've spoken to the court and they said I could make an application to the judge for the claiming back of costs but that would cost us £255!!!!!


Or you could raise a new claim for £25 - £25 for those costs, your time, and their abuse of your personal details. If you widen your approach, it would cost you less and have more chance of success. MIL would need to defend/explain or pay up.

Depends if you want to spend the effort
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Hexx
post Tue, 14 Aug 2018 - 14:25
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QUOTE (nosferatu1001 @ Fri, 10 Aug 2018 - 12:43) *
Yes, but that applicaiton itself would be added to the costs bill
You could apply for a hearing on papers - its straightforward!


I understood that would be added to their costs its more the absurdity of it that Im commenting on.




QUOTE (emanresu @ Fri, 10 Aug 2018 - 15:56) *
Or you could raise a new claim for £25 - £25 for those costs, your time, and their abuse of your personal details. If you widen your approach, it would cost you less and have more chance of success. MIL would need to defend/explain or pay up.

Depends if you want to spend the effort



Going to contact Mil, remind them that they still havent replied to various questions or supplied documents we asked for which theyre supposed to supply under the new GDPR rules and tell them to give us the £255 + costs on court parking, stamps etc. If they dont we'll issue a claim.
We're going to go after LLawnroc too for improper use of the registered keepers details.
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emanresu
post Tue, 14 Aug 2018 - 15:34
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QUOTE
We're going to go after LLawnroc too for improper use of the registered keepers details.


You might just tip them over. Net Assets to May 2018 £ -208.

These are really tinpot companies working with a tinpot debt collector. Problem is that people believe them and the courts can't deal with them as they are set up at the moment.

This post has been edited by emanresu: Tue, 14 Aug 2018 - 15:35
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Hexx
post Thu, 6 Dec 2018 - 01:34
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Up date on this one. Time to issue a Letter before Claim. Mileventually replied to our GDPR request after they claimed they never received it. We gave them a 15 day extension before issuing a letter before claim letter which they complied to by sending all the paperwork we already had!! No Deed of assignment, permission from the DVLA, case review notes etc. They responded to our demand for the set aside fee by sending a patronizing and condescending letter threatening a counter claim. Nice!!
Can someone point me in the right direction to guidance on putting together a Letter before claim letter that is compliant!!
Thanks
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SchoolRunMum
post Fri, 7 Dec 2018 - 22:07
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Here you go:

https://www.which.co.uk/consumer-rights/let...ims-court-claim

HTH
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Hexx
post Thu, 20 Jun 2019 - 22:15
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Hi to all.
We had to pause this for a while but we recently issued an LBA against Mil and received a suitably arrogant response from them. We're shortly going to issue a claim.
Just wanted to check if there's been any changes with the DVLAs stance as regards to data being 'sold' to Mil? Cant see any but wanted to check.
Thanks
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Glacier2
post Thu, 20 Jun 2019 - 23:02
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Nothing at all.
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Lynnzer
post Fri, 21 Jun 2019 - 17:48
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If you haven't set any figures for the claim as yet, read my topic to see how a good case can be made for punitive damages.


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Hexx
post Wed, 18 Dec 2019 - 20:24
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Hi,



We have been filling in the online MCOL form and have been putting together the particulars of claim. This being the first POCs I've written can I have some feedback that this is in the right direction. Would like to submit it soon so they can receive it for Xmas.


Particulars of Claim

1. Reimbursement of set aside fees of £255 and costs of £30.

2. The claimant received a County Court Judgement but did not receive a claim form and payed £255 to the court for a set aside judgement hearing to be heard which was granted a date. Mil Collections did not show up to set aside hearing or provide a witness statement to the claimant. The set aside was granted and a new hearing date was set but upon receiving the claimants court bundle the defendant discontinued the claim for ‘commercial reasons’.

3. The defendant claimed that they had purchased a debt from LLawnroc Ltd with regards to an unpaid parking ticket debt. At no time did the defendant provide any photographic evidence that any parking infraction had occurred, a valid schedule of assignment giving notice that the debt was being assigned, a valid deed of assignment, a valid Letter Before Claim letter, a letter of permission from the DVLA to use my data obtained from LLawnroc Ltd or an explanation how the debt increased from £90 to £215 and then to £305.

4. The defendant sent multiple Subject Access Requests for the above documents, but the defendant refused to provide them.

5. The claimant informed the defendant several times that there was intention to issue a claim for the reimbursement of the set aside fee and associated costs but no resolution was achieved.

This post has been edited by Hexx: Wed, 18 Dec 2019 - 22:55
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The Rookie
post Thu, 19 Dec 2019 - 09:29
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QUOTE (Hexx @ Wed, 18 Dec 2019 - 20:24) *
At no time did the defendant provide any photographic evidence that any parking infraction had occurred,

I don't see this as having any relevance at all, at any hearing a judge would decide on the evidence presented whether the car was parked as claimed or not, no photo is necessarily needed.


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southpaw82
post Thu, 19 Dec 2019 - 14:29
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Are you not essentially starting a fresh claim for costs that ought to have been dealt with in the other claim? You might win if it’s undefended but that is generally a no-no.


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Hexx
post Thu, 19 Dec 2019 - 23:31
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QUOTE (southpaw82 @ Thu, 19 Dec 2019 - 14:29) *
Are you not essentially starting a fresh claim for costs that ought to have been dealt with in the other claim? You might win if it’s undefended but that is generally a no-no.


When I brought up the draft order at the set aside hearing the judge said the costs would be discussed at the next hearing which Mil Collections discontinued. I called Truro County Court and they advised starting a fresh claim against them for the costs.

Im helping a mother and son with 2 vehicles/ 2 tickets, one of which was an expired ticket claim with evidence that the ticket had not expired. Through no fault of their own they did not receive the claim forms and received 2 x CCJs. The mother has forked out £510 on set aside hearings that were won and then Mil Collections discontinue when new hearing dates are set.
So am I to tell the (part time working) mother that its cost her £510 to have 2 CCJs removed from their records and theres nothing more she can do?? A draft order was included with both set aside claims.
Had Mil not discontinued the costs would have been dealt with at the hearing. Curious why its a no-no to chase them for the costs?
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Hexx
post Thu, 19 Dec 2019 - 23:59
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QUOTE (The Rookie @ Thu, 19 Dec 2019 - 09:29) *
QUOTE (Hexx @ Wed, 18 Dec 2019 - 20:24) *
At no time did the defendant provide any photographic evidence that any parking infraction had occurred,

I don't see this as having any relevance at all, at any hearing a judge would decide on the evidence presented whether the car was parked as claimed or not, no photo is necessarily needed.



There is a reason for my inclusion of the photographic evidence. LLawnroc issued 2 tickets to 2 cars (mother and son).
1 of the tickets was for an expired pay and display ticket that was still in time. When challenged LLawnroc used a different ticket that had expired claiming they had every right to issue a parking notice.
The other ticket belonged to the 2nd car so they're using the same evidence of an expired pay and display ticket for 2 different vehicles. No photographic evidence has been forthcoming even after multiple SARs. In this case photographic evidence is very much needed because their evidence wont match their claim.
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southpaw82
post Fri, 20 Dec 2019 - 09:50
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QUOTE (Hexx @ Thu, 19 Dec 2019 - 23:31) *
I called Truro County Court and they advised starting a fresh claim against them for the costs.


The court staff are not there to (and are prohibited from) giving you legal advice. They are not lawyers.

QUOTE
Im helping a mother and son with 2 vehicles/ 2 tickets, one of which was an expired ticket claim with evidence that the ticket had not expired. Through no fault of their own they did not receive the claim forms and received 2 x CCJs. The mother has forked out £510 on set aside hearings that were won and then Mil Collections discontinue when new hearing dates are set.
So am I to tell the (part time working) mother that its cost her £510 to have 2 CCJs removed from their records and theres nothing more she can do??


Her situation has no bearing on whether a fresh claim on the basis of costs only is either lawful or appropriate.

QUOTE
Had Mil not discontinued the costs would have been dealt with at the hearing. Curious why its a no-no to chase them for the costs?

It’s vulnerable to being struck out as an abuse of process. Depending on the order finally made, I would be looking at making an application in the original case for an award of costs.


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Hexx
post Tue, 7 Jan 2020 - 00:25
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QUOTE (southpaw82 @ Fri, 20 Dec 2019 - 09:50) *
QUOTE (Hexx @ Thu, 19 Dec 2019 - 23:31) *
I called Truro County Court and they advised starting a fresh claim against them for the costs.


The court staff are not there to (and are prohibited from) giving you legal advice. They are not lawyers.

QUOTE
Im helping a mother and son with 2 vehicles/ 2 tickets, one of which was an expired ticket claim with evidence that the ticket had not expired. Through no fault of their own they did not receive the claim forms and received 2 x CCJs. The mother has forked out £510 on set aside hearings that were won and then Mil Collections discontinue when new hearing dates are set.
So am I to tell the (part time working) mother that its cost her £510 to have 2 CCJs removed from their records and theres nothing more she can do??


Her situation has no bearing on whether a fresh claim on the basis of costs only is either lawful or appropriate.

QUOTE
Had Mil not discontinued the costs would have been dealt with at the hearing. Curious why its a no-no to chase them for the costs?

It’s vulnerable to being struck out as an abuse of process. Depending on the order finally made, I would be looking at making an application in the original case for an award of costs.


Happy New Year to all. Back to it!!

Thanks Southpaw for the advice. Application for costs?? Is this a form from the Court with details of the claim and reasons for the application or letter to the court with details and request for reimbursement of the set aside fee?
Cheers..
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