Hi all,

First time poster (and first time private parking charge receiver!). I've been soliciting some great help over on the money saving expert forums (http://forums.moneysavingexpert.com/showthread.php?p=69907870) but there have been a few references to this site in relation to the current stage of my ticket and thought I'd post up here to see if there was any specific advice I could get for my situation.

I'll repost the main bit of my original post on MSE here for information:

Looking for a bit of advice on what to do about a ticket I received. I've been trying to follow advice from all the various forums but I think I've reach a point where I'm a little unsure how to proceed now..!

I received a ticket from Premier Parking Logistics on the 4th of November. Doing my research I understood that this non-company are not a member of either of the parking associations so best advice was to not get in touch and volunteer my address etc.

Then received a letter yesterday dated the 3rd of December - Formal demand (do not ignore), sent to registered keeper and states that "as the PCN issued to the above vehicle remained unpaid for 14 days, we had the reasonable cause to request the registered keeper details from the appropriate authorities, to issue this notice.".

As it now stands, I've received a letter (from Truro) that purports to be from the company issuing the ticket advising that the debt has been sold to MIL collections and a follow up (from Truro again) from MIL collections which is a Letter Before Action with 14 days to pay before we go to court.

What I'm completely unclear on is how or what I'm defending with.. I've got an idea of what things don't seem right which I've listed below:

- Address details of registered keeper were not obtained from DVLA (confirmed in writing by them) and the company are not a member of BPA
- Parking ticket and NTK don't show an actual period of parking, just a time of ticket issue
- Potentially various wording issues based on some of the reading I've done on here with regards to obtaining keeper details, address of company is PO BOX etc
- Extortionate penalty cost (£85 minimum for £1 an hour car park)
- Letter from company advising that the debt was sold is quite obviously from the company the debt was sold to

Really I'm just unsure which areas I should be focusing on, whether I should respond to the LBA or wait for the court documents, and if so - how to then defend in court?

I've tried to do the reading on this one but I feel a bit lost as non-BPA member information tends to just say they can't get your address so can't take it any further, yet here I am..!

Any help much appreciated, thanks in advance!

this should be fun , how have a company got your info for a PARKING OFFENCE , MIL are not in the BPA/IPC

OP , you say you have contacted the DVLA , did they say WHO asked for your details?

also worth remembering , only the people who owned the land (or their solicitor's) can bring charges , PPS are or where merely their employees , so cannot sell on what they do not own

Treat this like the many other MIL threads - most recently for JAS.

This thread has an example of their PCN/signs and they say they do access the DVLA. They are clearly operating as a parking company outside an ATA.

Contact the DVLA (see here) yourself and confirm if and when your details were accessed. Without accessing the details from the DVLA then keeper liability cannot ensue.

Before going too far I would suggest that you do not publicly post any further detail that will help identify your individual case - it is known that MIL scan these forums and have produced print-outs of threads in court - not that that has assisted them too much so far. That said there will be judges who will prefer to read the content of defences first hand rather than learning that it has been discussed on a forum before it ends up in front of them.

The first order of business is to respond robustly to MIL's letter before action - everything else can wait at this stage. The DVLA issue will not be going away and - if an improper or irregular application was made then that will be discoverable and cannot be hidden by the party involved.

Be aware that regardless of whether MIL get a response to their letter before action the chances are that they will issue proceedings and so getting your head around that at this stage is quite important.

You have a PM

as they are not in a ATA , they will be going for the trespass mode ( AKA ANPR LTD) and as such keeper liability is not a requirement .

however as posted above , by going this way , only the land owner (or HIS solicitor) can bring charges , MIL have bought this (supposedly) from PPS , who as employees of the land owner cannot and have not got the rights to sell anything


MIL are reaching a new low ,

Freddy, who knows? I'm sure the particulars of claim will fully explain the cause of action. I doubt they'd just put 'unpaid parking charge' now would they?

Part 18 request here is going to be 'fun'.

As MiL have yet to disclose a cause of action it is premature to speculate that this is anything other than the usual MiL MO to alledge that they have acquired a non existant "debt" which they will ulitmately seek to enforce via the court.

As history shows MiL tend to lose in court when the claim is properly defended (and also they will not usually attend court either).

The Pranksters blog has many recent MiL court defeats listed.

If you check the barcodes on the letters you have it is very likely that the letter of assignment of the debt and one of the other MiL letters are identical which in itself shows you have a received a fraudulent instrument in the course of their attempts to get you to pay up.

Follow the advice you have been given above it is all good, also take a few minutes to enter MiL into the forum search (bottom left) and all will be revealed.

As far as part 18 enquiries and MiL go I cannot recall that they have ever responded to one (which is good as it just helps to demonstrate their unreasonableness when it comes to awarding costs in court)

You are being scammed, if you fight it and win you have a good chance the court will award you costs for your effort.

regards

MMM

I notice HO87 has sent you a PM. I suspect this should go off board now. You are in good hands.

I think we should park the thread there for now.

seconded

Thanks all, wasn't expecting so many replies so quickly! Much appreciated

Also, just to reply to the first question - DVLA have already responded and advised that noone has requested or received any details from them for the dates provided.

Yes I agree that it should go offline , just a quick thought that you may act on. PPL WERE a member of the IPC , admittedly for a very short period of time , it is possible that he gathered all his tickets up (for mths or even years) and did a mass DVLA hit , giving false dates.

whilst following HO87 s advice offline , may I suggest.

1: ringing the IPC to check what dates Watkins was a member

2: re contact the DVLA , tell them what I suspect and give them a much wider field of dates , from the day of the ticket , upto the date MIL wrote to you

its only cost him £2.50 a shot , and if MIL give him £2.60 each , hes made a profit.

and he does NOT respect the law

Indeed.

As I said in my initial post the DVLA enquiry issue is not going to disappear and is discoverable. The relevant dates in terms of who carried out an owner check are those bracketed by the original parking event and the date of MIL's LBA.

As far as your other points are concerned:

1. Really? A formal letter is far better than a telephone call but only after the details of the DVLA enquiry are known.

2. See the above.