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  • FIRST POST
    • spook104
    • By spook104 17th Oct 16, 9:42 PM
    • 17Posts
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    spook104
    Mil Collections - Letter Before action
    • #1
    • 17th Oct 16, 9:42 PM
    Mil Collections - Letter Before action 17th Oct 16 at 9:42 PM
    Hello - I'm after a little help with the following. I've done plenty of reading and searching but I just want to get all my ducks in a row and wanted to clarify just a couple of points.

    I received a letter on the 15th October with the header Debt Sold under Agreement of Assignment the letter implied it was from the PPC but that company is based in Sussex. The return address stamped to the back of the envelope was Truro. Basically Mil have sent me a letter claiming to be from the PPC

    Q1: Legally doesn't the notification have to be sent by the PPC, and signed by the assignor? As it wasn't can Mil even proceed at this point?

    I then received a letter on the 17th October with the header Debt Purchased: Letter before Action

    Its my understanding that this letter is the start of PD ("Practice Direction") and as such should contain a raft of information. Had it of done so, I would then respond detailing why I don't believe I owe the debt and why I don't believe they are in a position to pursue me for the debt. Along with the other parts set out in Para 3 of PD.

    Q2: As they have not included any such information, my response should be that, as they have not done so and before I can respond and fulfill my obligations under Para 3 of PD I need them to firstly do theirs. Is that correct?
Page 1
    • Marktheshark
    • By Marktheshark 17th Oct 16, 9:50 PM
    • 5,336 Posts
    • 6,679 Thanks
    Marktheshark
    • #2
    • 17th Oct 16, 9:50 PM
    • #2
    • 17th Oct 16, 9:50 PM
    Who signed the letter, in what capacity are they claiming to act.
    It should be a registered solicitor.
    If not contact the SRA and report them for operating outside the Legal services act.

    If they are claiming to have purchased a debt, then a standard CCA request should be made by registered post.
    Brexit will become whatever they invent it to be.
    • spook104
    • By spook104 17th Oct 16, 10:37 PM
    • 17 Posts
    • 5 Thanks
    spook104
    • #3
    • 17th Oct 16, 10:37 PM
    • #3
    • 17th Oct 16, 10:37 PM
    Thanks for the reply

    Neither letter is actually signed, first letter from a person in the Accounts department. The second letter is a person in the litigation department.

    Sorry not following the abbreviation. CCA?
    • Marktheshark
    • By Marktheshark 17th Oct 16, 10:47 PM
    • 5,336 Posts
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    Marktheshark
    • #4
    • 17th Oct 16, 10:47 PM
    • #4
    • 17th Oct 16, 10:47 PM
    Forward the second letter to the complaints department at the solicitors regulation Authority asking why this company are acting in litigation on behalf of a client in contravention of the legal services act.
    Brexit will become whatever they invent it to be.
    • Coupon-mad
    • By Coupon-mad 18th Oct 16, 12:10 AM
    • 40,629 Posts
    • 52,498 Thanks
    Coupon-mad
    • #5
    • 18th Oct 16, 12:10 AM
    • #5
    • 18th Oct 16, 12:10 AM
    Search the forum for MIL and read other threads to see what will likely pan out. There is one on page one now (cueball is the poster) but a search will find you dozens more. Read posts by HO87, the resident expert poster on MIL here.

    You need to know that you must respond quickly to this letter but it will be merely a matter of stating your non-liability and the fact MIL have no interest in this charge nor are they believed to have done anything more than purchase some photos from a parking firm for £1, in order to indulge in wanton trafficking in litigation. Write as if you are summarising the issues for a Judge, just in case yours is one of the rare ones that ends at a hearing.

    You are likely to get court papers.

    You are highly unlikely to lose as long as you defend with our help and don't drop the ball.

    You are most likely to see this discontinued in the end.

    Do NOT pay 'for an easy life' as this is a national scandal and scam. You'd be supporting & funding it against the next victim.

    Oh, and on this forum and/or on pepipoo do not reply to any private message from a poster with less than 1000 posts to their name here. We deal with these issues openly on the forum and any pm could be from anyone at all (even the parking firm) and any private message about this is not recommended to be replied to/read. If HO87 sends you a pm then that's fine as long as it is him.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • spook104
    • By spook104 20th Oct 16, 10:33 AM
    • 17 Posts
    • 5 Thanks
    spook104
    • #6
    • 20th Oct 16, 10:33 AM
    • #6
    • 20th Oct 16, 10:33 AM
    As well as the above I've sent my initial acknowledgement (below)

    Basically as far as I can see at the moment, it doesn't matter what my first response is they are more then likely going to continue with court proceedings. I don't have enough information to start a defence at this point as it was so long ago and I don't have the original pcn. Although I don't believe I was ever windscreen ticketed.

    MIL Collections Ltd
    Palace Building
    Quay Street
    Truro
    TR1 2HE

    Dear Sirs

    Re: MIL Collections Ltd -v- Myself - Letter Before Action
    Reference: PZXZXZX

    I refer to the above letter dated 17th October 2016.

    Based upon the scant detail I understand that you allege that I am responsible for an unpaid parking charge incurred by the driver of a vehicle <insert registration number>.

    I deny I owe any debt to you or any other party.

    In the absence of any detail (and documents upon which you intend to rely) required to be disclosed to me at this point by virtue of the Practice Direction on Pre-action Protocols & Conduct I can make no assessment of the case you assert you have and am therefore prevented from engaging in any meaningful dialogue.

    Upon receipt of such detail I will consider the matter further.

    Yours faithfully
    • Coupon-mad
    • By Coupon-mad 20th Oct 16, 11:50 AM
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    Coupon-mad
    • #7
    • 20th Oct 16, 11:50 AM
    • #7
    • 20th Oct 16, 11:50 AM
    You are on the case, exactly right.

    Court papers are likely, no matter what. And you are very likely to see this off; we do this a lot and MIL cases are among the easier to defend as they are so shocking in their lack of any cause of action, evidence, et al.

    Anyone who pays MIL Collections needs their head examining!
    Last edited by Coupon-mad; 20-10-2016 at 8:40 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • fil cad
    • By fil cad 20th Oct 16, 8:27 PM
    • 721 Posts
    • 546 Thanks
    fil cad
    • #8
    • 20th Oct 16, 8:27 PM
    • #8
    • 20th Oct 16, 8:27 PM
    You are on the case, exactly right. Court papers are likely, no matter what. And you are very likely to see this off; we do this a lot and MIL cases are among the easier to defend as they are so shocking in their lack of any cause of action, evidence, et al.

    Anyone who pays MIL Collections needs their head examining!
    Originally posted by Coupon-mad
    Spot on!
    NEVER EVER PAY A PRIVATE PARKING CHARGE! And help the PPCs go bankrupt ASAP, second thoughts pay them in full with toy cash.
    • IamEmanresu
    • By IamEmanresu 21st Oct 16, 6:54 AM
    • 991 Posts
    • 1,736 Thanks
    IamEmanresu
    • #9
    • 21st Oct 16, 6:54 AM
    • #9
    • 21st Oct 16, 6:54 AM
    In the absence of any detail (and documents upon which you intend to rely) required to be disclosed to me at this point by virtue of the Practice Direction on Pre-action Protocols & Conduct I can make no assessment of the case you assert you have and am therefore prevented from engaging in any meaningful dialogue.
    Why not take out this paragraph and be more specific about the information you are looking for. The paragraph is meaningless whilst a specific request to narrow the issues / resolve the case looks better at court. That just winds judges up.
    General Election coming up? Your MP worried about his/her job? Give them something to do and get them to sort out these parking cowboys. Search "Theyworkforyou" for the name of your MP.
    • spook104
    • By spook104 31st Oct 16, 11:18 AM
    • 17 Posts
    • 5 Thanks
    spook104
    Why not take out this paragraph and be more specific about the information you are looking for. The paragraph is meaningless whilst a specific request to narrow the issues / resolve the case looks better at court. That just winds judges up.
    Originally posted by IamEmanresu
    For some reason I'm not getting notifications for this thread so have only just seen this post.

    I see your point and in hindsight I would have made that change.

    I've now received my court summons and will make the request for the exact information under Part 18 of the practice directions, which is how I was expecting this to play out.
    • Ralph-y
    • By Ralph-y 31st Oct 16, 1:17 PM
    • 2,248 Posts
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    Ralph-y
    will this not have some bearing on this case ?

    http://parking-prankster.blogspot.co.uk/2016/10/parking-companies-breaking-data.html

    Ralph
    • spook104
    • By spook104 31st Oct 16, 2:26 PM
    • 17 Posts
    • 5 Thanks
    spook104
    will this not have some bearing on this case ?

    (Not allowed to quote the link in my reply)

    Ralph
    Originally posted by Ralph-y
    Possibly. I imagine I could add it as an additional point and hold them to strict proof that the information was not obtained from the DVLA.

    The discussions below the post seem to centre around if it was a DPA breach or not, but it seems that regardless the DVLA contract prohibits the data being sold. As MIL have quite clearly told me the debt was sold to to them, this would be a breach of contract.
    • beamerguy
    • By beamerguy 31st Oct 16, 2:46 PM
    • 4,150 Posts
    • 4,774 Thanks
    beamerguy
    Possibly. I imagine I could add it as an additional point and hold them to strict proof that the information was not obtained from the DVLA.

    The discussions below the post seem to centre around if it was a DPA breach or not, but it seems that regardless the DVLA contract prohibits the data being sold. As MIL have quite clearly told me the debt was sold to to them, this would be a breach of contract.
    Originally posted by spook104
    You now need to get this confirmed by the DVLA
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Coupon-mad
    • By Coupon-mad 31st Oct 16, 2:57 PM
    • 40,629 Posts
    • 52,498 Thanks
    Coupon-mad
    Originally posted by Ralph-y
    Yes it is worth including in a defence (and after it's over, is worth suing the originating PPC for £750 for!). The originating firm WILL have got your data from the DVLA unless you gave them your details (e.g. by an early appeal).

    MIL defences are very specific, not like other ones.

    Have a look at cueball's thread.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • spook104
    • By spook104 31st Oct 16, 2:57 PM
    • 17 Posts
    • 5 Thanks
    spook104
    You now need to get this confirmed by the DVLA
    Originally posted by beamerguy
    Which part do you mean, the FOI response is quite clear.
    Do you mean I need to find out if the PPC obtained the data from the DVLA? I actually sent a V888 request, just over a week ago to start the process of finding out who obtained my drivers details.
    • beamerguy
    • By beamerguy 31st Oct 16, 3:03 PM
    • 4,150 Posts
    • 4,774 Thanks
    beamerguy
    Which part do you mean, the FOI response is quite clear.
    Do you mean I need to find out if the PPC obtained the data from the DVLA? I actually sent a V888 request, just over a week ago to start the process of finding out who obtained my drivers details.
    Originally posted by spook104
    From the V888 will come the reply of who is PPC.

    Regarding the PPC selling data to MIL is the question you need to be asking

    David.Dunford@dvla.gsi.gov.uk
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • pappa golf
    • By pappa golf 31st Oct 16, 3:15 PM
    • 5,446 Posts
    • 4,968 Thanks
    pappa golf
    form v888 , will get you that info , but why bother


    amend / alter the letter below and post to the address on it , await an answer from them


    Example Letter
    [Your Address]
    DVLA Vehicle Record Enquiries section
    Longview Road
    Morriston
    Swansea
    SA99 1AJ
    Dear Sirs
    Re: VRM AB12 XYZ
    As the Registered Keeper of the above VRM could you advise who has accessed my personal details with regards to this marque, how often and when did the DVLA send the keeper details out. Please advise the information with regards to events between xx/xx/xx/ and xx/xx/xx.
    I understand there is no charge for this information and look forward to your speedy reply.
    Yours faithfully
    Mr Registered Keeper
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • spook104
    • By spook104 31st Oct 16, 3:23 PM
    • 17 Posts
    • 5 Thanks
    spook104
    From the V888 will come the reply of who is PPC.

    Regarding the PPC selling data to MIL is the question you need to be asking

    David.Dunford@dvla.gsi.gov.uk
    Originally posted by beamerguy
    No you've lost me now. I'm not sure what I should be speaking to David about? Sorry, If I'm missing the obvious answer here.

    I've never written to the PPC so for MIL to have obtained my information, I know it was from the PPC. MIL informed me of who the PPC was, the purpose of the V888 was to see if they (PPC) had obtain the information within the correct period of time. As I didn't get a window ticket, I understand that should of notified me within 14 days.
    • pappa golf
    • By pappa golf 31st Oct 16, 3:27 PM
    • 5,446 Posts
    • 4,968 Thanks
    pappa golf
    send the letter I printed above , get it in writing that the PPC obtained your info from the DVLA , then you can fire back sweet bullets


    http://parking-prankster.blogspot.co.uk/2016/10/parking-companies-breaking-data.html


    who was the parking company , and approx. what date did this occur
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • spook104
    • By spook104 31st Oct 16, 3:33 PM
    • 17 Posts
    • 5 Thanks
    spook104
    send the letter I printed above , get it in writing that the PPC obtained your info from the DVLA , then you can fire back sweet bullets

    who was the parking company , and approx. what date did this occur
    Originally posted by pappa golf
    PPC was One Parking Limited (T/A Capital 2 Coast Parking Management) and the date was August 2014
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