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    • spook104
    • By spook104 17th Oct 16, 9:42 PM
    • 38Posts
    • 26Thanks
    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 5
    • spook104
    • By spook104 7th Mar 17, 12:10 PM
    • 38 Posts
    • 26 Thanks
    spook104
    So this is the start of my witness statement....

    I'm struggling with content given that I have had nothing from Mil and I don't expect I will do before the 14 days deadline.

    I plan to submit my skeleton once I've seen their bundle, but as I'm sure this will be after the 14 day deadline what happens with exhibits? Can I add new exhibits that relate to my skeleton argument if I didn't submit them prior to the 14 day deadline? If not should I just add everything I'm going to need or think I'm going to need as Exhibit items even if they aren't used in the witness statement?

    WITNESS STATEMENT
    1. I, am the defendant in this claim. The fact in this statement come from my personal knowledge, or are true to the best of my information and belief
    2. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed
    3. I am the registered keeper of the vehicle in question in this case.
    4. I was not the driver at the time indicated in the Particulars of Claim, I did travel in the vehicle immediately following the time indicated.
    5. Exhibit ML001 is a copy of my google location history for the period directly proceeding the time and date indicated. It clearly show that it took me 20 minutes to walk to the area around the Market Place Carpark from my previous location.
    6. Exhibit ML002 is a copy of my google location history for the period directly after the time and date indicated. It clearly shows that I was traveling in a vehicle, and it is admitted that it was the vehicle in question, as a passenger.
    7. I assert that when the driver and I went to the vehicle there was no PCN attached.
    8. I assert that I received no Notice to Keeper from One Parking Limited or one of their various trading/company names
    9. It is my belief that I have had no valid “Notice of Assignment” from One Parking Limited, as the “Notice of Assignment” was sent by the claimant
    10. The Claimant has consistently refused or ignored attempts to communicate on the issues in this case. Exhibit ML003, Exhibit ML004, ML005 and Exhibit ML006, both before and after beginning this claim.
    • Coupon-mad
    • By Coupon-mad 7th Mar 17, 1:11 PM
    • 48,019 Posts
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    Coupon-mad
    I think I would add:

    I requested from the DVLA information on who had obtained my information around the alleged date. They sent me a letter and a copy of the v888/3 used, which I have ascertained means my data was obtained under DVLA rules which do not allow my data to be bought & sold like a commodity. I have discovered that the DVLA has stated just last month (February 2017) to another victim of MIL's questionable business practice:


    Thank you for your email. I can confirm that MIL have stated...

    “Only where we have positive information supplied by the motorist to either the seller or ourselves are continuing with those cases. We are assuming by default that data that has been supplied is DVLA unless we know otherwise”

    If the data being used has not been obtained directly from DVLA, the Agency could not provide any instructions on this data. If however, the data is vehicle keeper data that has been obtained directly from DVLA, this should not be used as permission was not provided by the DVLA for this to be passed to MIL.

    Unfortunately, I cannot provide any further advice on this matter but I hope this helps

    Kind regards

    David Dunford
    Data Sharing Strategy & Compliance
    Strategy, Policy & Communications Directorate | D16 | DVLA | Swansea | SA99 1DY
    Twitter: @dvlagovuk
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>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 7th Mar 17, 3:01 PM
    • 38 Posts
    • 26 Thanks
    spook104
    I think I would add:

    I requested from the DVLA information on who had obtained my information around the alleged date. They sent me a letter and a copy of the v888/3 used, which I have ascertained means my data was obtained under DVLA rules which do not allow my data to be bought & sold like a commodity. I have discovered that the DVLA has stated just last month (February 2017) to another victim of MIL's questionable business practice:
    Originally posted by Coupon-mad
    Thank you. I was wondering how to get that in a witness statement over the skeleton argument
    I've broken it down into two points, the first being the v888/3 and the second being the DVLA email and added them as point 10 and 11.
    • spook104
    • By spook104 20th Mar 17, 2:56 PM
    • 38 Posts
    • 26 Thanks
    spook104
    I contacted Mil because I hadn't received their witness statement, and they told me they discontinued the claim on the 9th March. I'd had no notice from them but I've just spoken with the court and they have confirmed that the case has been discontinued.

    Thank you everyone for all your help
    • Redx
    • By Redx 20th Mar 17, 4:43 PM
    • 14,725 Posts
    • 18,498 Thanks
    Redx
    well done , you may wish to consider the steps in getting the proof of a DPA breach so you can issue an MCOL of your own

    plenty of info on here and parking pranksters blogs about these DPA counter claims , you have 6 years to decide
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 20th Mar 17, 9:40 PM
    • 48,019 Posts
    • 61,469 Thanks
    Coupon-mad
    I contacted Mil because I hadn't received their witness statement, and they told me they discontinued the claim on the 9th March. I'd had no notice from them but I've just spoken with the court and they have confirmed that the case has been discontinued.

    Thank you everyone for all your help
    Originally posted by spook104
    Yay! Saw this on pepipoo as well but - YAY!!!!!!

    No MIL cases from the forums are going to hearings, not even one I was helping with, where the data didn't come from the DVLA. All discontinued. All now ripe for the victims to later fight back, with a data misuse claim later this year after an ICO complaint. For both, I would first stick around and read some outcomes from those who have started to try this tactic, to learn what works well and what doesn't.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>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 21st Mar 17, 9:42 AM
    • 38 Posts
    • 26 Thanks
    spook104
    Definitely will be sticking around and watching with interest. I've already made my own ICO complaint.
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