Hi All,
I really hope someone can help me with this. I have recently received a letter from Miah solicitors in connection with an outstanding parking charge for parking in a disabled parking bay on the 23rd June 2013 (over 2 years ago). I was shopping with my Nan who is registered disabled, and had displayed her blue badge as we always do. However it was only when we returned to the car, that we noticed the badge had slipped off the dashboard on to the passenger side floor (we could only presume that my nan has knocked it off with her coat or bag). I have a small C1 and the dashboard slopes downwards so it's not hard to see how it could have been knocked off when my nan has been getting out of the car.
Upon receiving the parking fine, I appealed it based on the above, and also sent in a copy of my Nans badge as proof. I recall them rejecting it, and so I asked people for advice and was told to ignore any letters as private companies do not usually take it further. And so I did, but to be honest, I didn't receive any further correspondence from them anyway, and so I assumed it was all forgotten about. Until now.
Then over 2 years later I get a letter from Miah solicitors asking for £275. I immediately rang them to explain exactly what had happened and after 20 or so minutes I was placed on hold whilst they contacted UKCPS (so they say). To be told that they will accept £200 if paid within 7 days. I told them I would be getting some more advice about this and ended the call.
I've read a few chats on here and some of the letters that Gan has recommended, but wasn't sure what to do in this instance.
Thank you in advance and I appreciate any advice or help with this.
Does their breakdown of charges include a £150 fee that they charged their client?
Experts will be along soon, but in the meantime have a read of this thread:
http://forums.pepipoo.com/index.php?showto...100673&st=0
Experts will be along soon, but in the meantime have a read of this thread:
http://forums.pepipoo.com/index.php?showto...100673&st=0
Yes it says £100 for the initial fine then £150 for the legal fees. Thank you I will have a read. Can anybody else say what I should be writing to them?
The Gan letters could be used. As a word of warning- they are precisely crafted, and as we have not had sight of the actual letters you have from Miah, not all of the contents may be applicable
So, tried and tested manner please: scrubbed copies of everything you have. Host at photobucket or similar and link here.
So, tried and tested manner please: scrubbed copies of everything you have. Host at photobucket or similar and link here.
QUOTE (Chezzap @ Thu, 24 Sep 2015 - 18:05) 
Yes it says £100 for the initial fine then £150 for the legal fees. Thank you I will have a read. Can anybody else say what I should be writing to them?
I think I'll be getting one of these shortly.
I can see the worry though. This is a nasty company. UKCPS is one of the worst to deal with so I don'[t go out of my way to collect a ticket from them as I "may" do with other PPC's.
Best to follow the Gan approach right now.
There's another thought though. Since this happened while UKCPS were in the BPA they were able to refuse an appeal and send it to POPLA.
I can't say for sure but if the incident was contractually agreed under the regime of them being in the BPA they should be made to honour that by allowing an appeal now first to themselves where it'll be refused, then onto POPLA where it'll be allowed.
It sounds as if you appealed to UKCPS but the failed to reply. They have form for this.
Your response to Miah should therefore be on the lines of
Dear Miah
I appealed to UKCPS on the xx/xx/2013
They did not reply
As this is two years ago, I considered the matter closed. However, if they wish to raise the matter then according to their code of practice they are required to provide a POPLA code so that I can appeal to the independent appeals service.
Either provide the code within 14 days or confirm that the matter is dropped.
Your response to Miah should therefore be on the lines of
Dear Miah
I appealed to UKCPS on the xx/xx/2013
They did not reply
As this is two years ago, I considered the matter closed. However, if they wish to raise the matter then according to their code of practice they are required to provide a POPLA code so that I can appeal to the independent appeals service.
Either provide the code within 14 days or confirm that the matter is dropped.
QUOTE (hoohoo @ Thu, 24 Sep 2015 - 19:16)
It sounds as if you appealed to UKCPS but the failed to reply. They have form for this.
Your response to Miah should therefore be on the lines of
Dear Miah
I appealed to UKCPS on the xx/xx/2013
They did not reply
As this is two years ago, I considered the matter closed. However, if they wish to raise the matter then according to their code of practice at the time of the incident they are required to provide a POPLA code so that I can appeal to the independent appeals service.
Either provide the code within 14 days or confirm that the matter is dropped.
Your response to Miah should therefore be on the lines of
Dear Miah
I appealed to UKCPS on the xx/xx/2013
They did not reply
As this is two years ago, I considered the matter closed. However, if they wish to raise the matter then according to their code of practice at the time of the incident they are required to provide a POPLA code so that I can appeal to the independent appeals service.
Either provide the code within 14 days or confirm that the matter is dropped.
Suggested addition so that Miah can't argue the toss about whether it should be the IPC.
QUOTE
QUOTE (nosferatu1001 @ Thu, 24 Sep 2015 - 18:17)
The Gan letters could be used. As a word of warning- they are precisely crafted, and as we have not had sight of the actual letters you have from Miah, not all of the contents may be applicable
So, tried and tested manner please: scrubbed copies of everything you have. Host at photobucket or similar and link here.
Nosferatu1001 Here is the letter I received from Miah. I don't have the original letter from UKCPS over 2 years ago. Thank you hoohoo and ManxRed. Do you think your suggested letter will be enought to get Miah off my back though? I will send the letter today if so.
Sorry, having problems uploading the a picture of the Miah letter. This is the letter word for word.
We have been instructed by our above named client (UKCPS Limited of 1200 Century Way..... Re: Unpaid Parking Charge. Sum Due: £275.00) in connection with an outstanding parking charge. We are writing to you with regards to the vehicle registration number XXXXXXX. At 12:33 on 23 June 2013 at Ravenhead Retail Park. A parking charge notice, ticket numer XXXXXX, was issued to you which remains unpaid. Irrespective of the reasons for parking, a charge for parking on private land is not extravagant or unconscionable.
Our client has informed is that the parking charge was not paid on the date due, therefore on or around the time of parking, the parking charge notice and the signs erected upon the land in question, both specified that a charge of £100 would be payable. In addition to this sum, our client has incurred a £25 administration fee, which under the terms of the contract are payable by you. In addition to the above charges, legal costs in the sun of £150 have been incurred, these fees are also payable by you under the contract entered into when parking at the above location.
This letter is being sent to you in accordance with the Practice Direction on Pre-Action Conduct contained in the Civil Procedure Rules. In particular, we refer you to paragraph 4 of the said practice direction concerning the court's powers to impose sanctions for failing to comply with its provisions.
Take note that if we do not receive any payment or contact from you within 14 days of the date of this letter we will take our clients instructions regarding how they wish to proceed which may include considering issuing legal proceedings. Cheques should be made payable to the Miah Solicitors. Payment can also be made over the telephone by calling our office on 0113 350 2238.
Yours sincerely,
The Miah Solicitors
Debt Recovery Team
We have been instructed by our above named client (UKCPS Limited of 1200 Century Way..... Re: Unpaid Parking Charge. Sum Due: £275.00) in connection with an outstanding parking charge. We are writing to you with regards to the vehicle registration number XXXXXXX. At 12:33 on 23 June 2013 at Ravenhead Retail Park. A parking charge notice, ticket numer XXXXXX, was issued to you which remains unpaid. Irrespective of the reasons for parking, a charge for parking on private land is not extravagant or unconscionable.
Our client has informed is that the parking charge was not paid on the date due, therefore on or around the time of parking, the parking charge notice and the signs erected upon the land in question, both specified that a charge of £100 would be payable. In addition to this sum, our client has incurred a £25 administration fee, which under the terms of the contract are payable by you. In addition to the above charges, legal costs in the sun of £150 have been incurred, these fees are also payable by you under the contract entered into when parking at the above location.
This letter is being sent to you in accordance with the Practice Direction on Pre-Action Conduct contained in the Civil Procedure Rules. In particular, we refer you to paragraph 4 of the said practice direction concerning the court's powers to impose sanctions for failing to comply with its provisions.
Take note that if we do not receive any payment or contact from you within 14 days of the date of this letter we will take our clients instructions regarding how they wish to proceed which may include considering issuing legal proceedings. Cheques should be made payable to the Miah Solicitors. Payment can also be made over the telephone by calling our office on 0113 350 2238.
Yours sincerely,
The Miah Solicitors
Debt Recovery Team
The Miah letter was sent to me 11th September 2015.
When I rece it I tried to contact them via telephone and could not get through. And so, I sent them an e-mail. I then managed to get through via telephone as explained in my first thread above.
I also received this e-mail back from Miah (10 days ago):
Dear Miss XXX,
Our Client: UKCPS Limited
Re: Unpaid Parking Charge
Sum Due: £200.00
Thank you for your email, the contents which are noted.
Please be advised that our client follows strict guidelines set out in legislation and by their Trade AOS codes of conduct as to when appeals may be considered. As such, unfortunately, we are unable to consider your appeal at this time. Any appeal of fact or circumstance you wish to raise should have been made when the ticket was issued or upon receipt of the Notice to Keeper sent to the registered owner of the vehicle.
We will not enter into any further correspondence regarding any appeal of fact or circumstance.
We should clarify that The Miah Solicitors are not debt collectors or an appeals service for our client; we are instructed to take legal action where tickets have remained unpaid despite communication previously being sent by our client in the form of the Parking Charge Notice itself and the subsequent Notice to Keeper.
If your appeal relates to a point of law which you believe supports your assertion that you should not be responsible for this charge then this will be considered, however, if we disagree with your view legal proceedings will be issued. You will then be able to submit a formal defence and a Judge will give a ruling as to whether the Parking Charge is due and enforceable.
Our Client is, however, mindful of the requirement to ensure that attempts are made to settle the claim before issuing legal proceedings. Therefore we have been authorised by our client to accept £200.00 in full and final settlement.
To prevent legal proceedings being commenced we require payment in full within 14 days of the date of this email. If payment is not received legal proceedings will be issued to recover the sums due to our client.
Payment can be made by cheque, made payable to The Miah Solicitors, by credit or debit card by contacting our office or by bank transfer using the bank details below:
Account number: 83774414
Sort code: 20-48-42
Account Name: TM Solicitors Client Account
Branch: Barclays Bank, Albion Street, Leeds
Yours sincerely,
Debt Recovery Team.
Both the letter and the e-mail and the one telephone call I mentioned, are the only contact I have had with Miah. I really would appreciate and advice with regards to letters I can send. I know a couple of you have kindly suggested a letter I could send. However, would that be enough to get them off my back given the circumstances of parking etc. Any help with this is much appreciated.
When I rece it I tried to contact them via telephone and could not get through. And so, I sent them an e-mail. I then managed to get through via telephone as explained in my first thread above.
I also received this e-mail back from Miah (10 days ago):
Dear Miss XXX,
Our Client: UKCPS Limited
Re: Unpaid Parking Charge
Sum Due: £200.00
Thank you for your email, the contents which are noted.
Please be advised that our client follows strict guidelines set out in legislation and by their Trade AOS codes of conduct as to when appeals may be considered. As such, unfortunately, we are unable to consider your appeal at this time. Any appeal of fact or circumstance you wish to raise should have been made when the ticket was issued or upon receipt of the Notice to Keeper sent to the registered owner of the vehicle.
We will not enter into any further correspondence regarding any appeal of fact or circumstance.
We should clarify that The Miah Solicitors are not debt collectors or an appeals service for our client; we are instructed to take legal action where tickets have remained unpaid despite communication previously being sent by our client in the form of the Parking Charge Notice itself and the subsequent Notice to Keeper.
If your appeal relates to a point of law which you believe supports your assertion that you should not be responsible for this charge then this will be considered, however, if we disagree with your view legal proceedings will be issued. You will then be able to submit a formal defence and a Judge will give a ruling as to whether the Parking Charge is due and enforceable.
Our Client is, however, mindful of the requirement to ensure that attempts are made to settle the claim before issuing legal proceedings. Therefore we have been authorised by our client to accept £200.00 in full and final settlement.
To prevent legal proceedings being commenced we require payment in full within 14 days of the date of this email. If payment is not received legal proceedings will be issued to recover the sums due to our client.
Payment can be made by cheque, made payable to The Miah Solicitors, by credit or debit card by contacting our office or by bank transfer using the bank details below:
Account number: 83774414
Sort code: 20-48-42
Account Name: TM Solicitors Client Account
Branch: Barclays Bank, Albion Street, Leeds
Yours sincerely,
Debt Recovery Team.
Both the letter and the e-mail and the one telephone call I mentioned, are the only contact I have had with Miah. I really would appreciate and advice with regards to letters I can send. I know a couple of you have kindly suggested a letter I could send. However, would that be enough to get them off my back given the circumstances of parking etc. Any help with this is much appreciated.
They're template letters.
The Gan letter mentioned should be enough. However think about this: they get nothing if they stop chasing you.
You must read up on all the Miah threads. It would be extremely naive to think one letter is enogh for these scumbags.
The Gan letter mentioned should be enough. However think about this: they get nothing if they stop chasing you.
You must read up on all the Miah threads. It would be extremely naive to think one letter is enogh for these scumbags.
Which Gan letter do you recommend? I've seen a couple of different letters on various threads, however I'm not sure which one would be more appropriate!?
The ones that apply to miah , or hoohooh's one at post 6.
QUOTE (nosferatu1001 @ Mon, 28 Sep 2015 - 04:34)
The ones that apply to miah , or hoohooh's one at post 6.
It's worth noting that not only are both template letters, seen many times before, but also that Miah are so incompetent they dot not realise practice directions changed 5 months ago in April.
QUOTE
This letter is being sent to you in accordance with the Practice Direction on Pre-Action Conduct contained in the Civil Procedure Rules. In particular, we refer you to paragraph 4 of the said practice direction concerning the court's powers to impose sanctions for failing to comply with its provisions.
http://www.justice.gov.uk/courts/procedure...-action_conduct
Paragraph 4 of the current directions is to do with proportionality
QUOTE
4. A pre-action protocol or this Practice Direction must not be used by a party as a tactical device to secure an unfair advantage over another party. Only reasonable and proportionate steps should be taken by the parties to identify, narrow and resolve the legal, factual or expert issues.
Not only are Miah so incompetent they did not realise this by themselves, they also are unable to read, because they have been informed of this previously.
To be honest with you, all of this legal talk does go over my head, it's not my forte! But I will have a look through and hopefully compose a letter that will shut them up so to speak ;-) Thanks for the advice
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