Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • sarahsexton
    • By sarahsexton 18th Oct 16, 1:37 PM
    • 26Posts
    • 12Thanks
    sarahsexton
    MIL collections letter before claim
    • #1
    • 18th Oct 16, 1:37 PM
    MIL collections letter before claim 18th Oct 16 at 1:37 PM
    So I received a letter from MIL collections saying they had bought my debt (also received letter which has the same barcode as the other letter- from one parking limited)

    The amount is £160.

    Now first of all the post code of the car park is wrong.

    The circumstances are (very clearly remebered...) that I parked, needed to get change for £5 so popped into the Starbucks next door with my the 14 month old, he had done a massive number 2, so I needed to change him as it was too bad to leave, I waited a couple mins for the disabled/baby changer to be free, then did what I needed to do, got change and went back to my car. I was less than 10 mins and had got a ticket! I never received a notice to keeper so didn't think any more about it till I received this letter.

    Now I have read about it and just need help wording my reply? If someone can help me, I understand that people have been successful with the defence of champerty and maintenance.

    I fully intend on defending this! Thanks!
Page 1
    • Coupon-mad
    • By Coupon-mad 18th Oct 16, 1:49 PM
    • 40,488 Posts
    • 52,378 Thanks
    Coupon-mad
    • #2
    • 18th Oct 16, 1:49 PM
    • #2
    • 18th Oct 16, 1:49 PM
    Show us your draft reply after reading other MIL threads.

    Same answer as here:

    http://forums.moneysavingexpert.com/showthread.php?t=5382182

    Also (as prep!) read cueball's defence, he's just submitted it to MCOL v MIL. You and that linked poster are likely to have to follow but we have never seen a forum defence lose v MIL, they disappear...

    Why not send a pm to tracywimbledon, click on her username and compare notes, help each other.

    HTH
    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.

    • sarahsexton
    • By sarahsexton 18th Oct 16, 4:07 PM
    • 26 Posts
    • 12 Thanks
    sarahsexton
    • #3
    • 18th Oct 16, 4:07 PM
    • #3
    • 18th Oct 16, 4:07 PM
    Hi, thanks, I'm reading and reading, maybe tying myself in knots though!

    I am going to go on the basis there is no debt to begin with, then obviously say about buying the right to sue.

    I'm not sure where to begin to be honest!??
    • sarahsexton
    • By sarahsexton 18th Oct 16, 4:40 PM
    • 26 Posts
    • 12 Thanks
    sarahsexton
    • #4
    • 18th Oct 16, 4:40 PM
    • #4
    • 18th Oct 16, 4:40 PM
    Dear ,

    Ref: Xxxxxxx

    I note your letter dated xxxxxxx 2016, which states you have been sold an alleged debt from One parking Limited T/A capital 2 coast Parking Management on 11/10/2016. Your letter states it is a letter before action and you refer to the fact I would need to comply with the Practice Direction, Pre Action Protocols but your letter does in fact not comply with this. Your letter is not compliant, and the debt you have purchased does not exist.

    I am not liable to the original parking company and MIL has no connection to that matter and has no grounds to issue court proceedings. The alleged debt is disputed and denied and I suggest you read the following before wasting a court fee on top of the cost of purchasing a non-existent ‘debt’:

    MIL has no valid assignment of debt in the form of a Deed of Assignment pursuant to s136 of the Law of Property Act 1925. Absent of such evidence you have no such cause of action. Even if there was a valid Deed of Assignment, MIL has no interest in, or privity to any purported original contract, and such assignment would be champertous.
    I refer you to your recent case MIL Collections Ltd v Stephen B Case No B1QZ7N32, Oldham CC 15/01/2016.

    To purchase an old parking alleged parking ‘charge’ to instigate legal proceedings falls under champerty and maintenance and is not allowable. If MIL were to proceed with this, I will defend it on that basis and any claim will immediately move for it to be struck out by the court. In addition, I will claim my costs incurred defending this baseless and vexatious form of extortion.

    As many others have documented through the court process, this is an aggressive form of pseudo-debt collection and I consider it harassment which I could do without.

    Cease and desist with all contact regarding this matter,

    Yours Faithfully
    • sarahsexton
    • By sarahsexton 19th Oct 16, 8:28 AM
    • 26 Posts
    • 12 Thanks
    sarahsexton
    • #5
    • 19th Oct 16, 8:28 AM
    • #5
    • 19th Oct 16, 8:28 AM
    Any help??
    • tracywimbledon
    • By tracywimbledon 19th Oct 16, 8:45 AM
    • 21 Posts
    • 5 Thanks
    tracywimbledon
    • #6
    • 19th Oct 16, 8:45 AM
    • #6
    • 19th Oct 16, 8:45 AM
    Sarah - looks very good to me, your situation seems to be very similar to mine and with the same "people" (if they qualify as being human). I'm still waiting on response to mine too. If yours gets the green light then I may end up wording mine similar to yours ! Good luck !!
    • sarahsexton
    • By sarahsexton 19th Oct 16, 9:00 AM
    • 26 Posts
    • 12 Thanks
    sarahsexton
    • #7
    • 19th Oct 16, 9:00 AM
    • #7
    • 19th Oct 16, 9:00 AM
    Thanks Tracy, yes I read your thread, they really are something aren't they! It will be interesting to see what happens!
    • Coupon-mad
    • By Coupon-mad 19th Oct 16, 9:12 AM
    • 40,488 Posts
    • 52,378 Thanks
    Coupon-mad
    • #8
    • 19th Oct 16, 9:12 AM
    • #8
    • 19th Oct 16, 9:12 AM
    No need to bust a gut over the LBCCC reply, which looks very good, BTW. Be ready - MIL are in 'roboclaim mode' having spent their £1 (or whatever it cost them to buy a few photos from the parking firm) and will hope that court papers will scare you both into paying. So expect those to arrive anyway.

    Take heart that a defended claim is highly unlikely to even end up with a hearing, let alone with MIL winning. They usually discontinue late on.

    Cueball's thread has a recent MIL defence example and there are others in some of HO87's posts over the past six months or so, since this ugly MIL threat reared its head more. So you can see what sort of thing needs saying (some legalese is needed v MIL!) in a defence.

    Please both join our campaign while this scam is fresh in your mind - why does the Government think it's legal for a firm to traffic in litigation by purchasing unfair/unproven private parking 'charges' (which are spurious at best, even from the originating PPC) for a quid, then sue people for £300 or so, with zero evidence nor due diligence of whether there is a case? Get angry:

    http://forums.moneysavingexpert.com/showthread.php?t=5524754

    Please join our campaign and before your claim forms hit the doormat which will keep you busy (and will no doubt alarm you, even though you are expecting them) channel that energy and anger about this rubbish invoice, 'debt' threatograms and six year 'credit clamping' threat by sending letters of complaint as shown.

    I am female and assume you both are too. Not that it makes any difference to the fight but I wanted you to know that I'm with you, woman to woman, on this scam and you need to tell Theresa May all about what has happened to you two so far and what you've found out about MIL Collections who operate very close to the edge of the law but must be raking in a FORTUNE from less clued-up people.
    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.

    • beamerguy
    • By beamerguy 19th Oct 16, 9:20 AM
    • 4,126 Posts
    • 4,741 Thanks
    beamerguy
    • #9
    • 19th Oct 16, 9:20 AM
    • #9
    • 19th Oct 16, 9:20 AM
    coupon-mad, I did PM you a few days ago as you wanted the summary
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Coupon-mad
    • By Coupon-mad 19th Oct 16, 9:23 AM
    • 40,488 Posts
    • 52,378 Thanks
    Coupon-mad
    Oh yes, I will look tonight.

    I was at the footie last night and as you all know I have a day job most days too, kind of forgot to reply yet...sorry!!
    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.

    • sarahsexton
    • By sarahsexton 19th Oct 16, 9:24 AM
    • 26 Posts
    • 12 Thanks
    sarahsexton
    Thanks so much, I will have a really good read around, I fully expect this to go further!

    I will definitely take a look, and will send a letter to anyone I can to stop these !!!!!!s! Yes I am female ����

    So shall I just send that letter anyway?
    • Coupon-mad
    • By Coupon-mad 19th Oct 16, 9:29 AM
    • 40,488 Posts
    • 52,378 Thanks
    Coupon-mad
    Yes, because if this proceeds to a rare hearing, you need to show you acted reasonably throughout, didn't ignore them even though they have no case nor evidence. It's a very good reply and useful to have in a court defence pack if push came to shove (unlikely to get to a hearing though).

    Do stamp your feet at your MP and Mrs May/Mr Corbyn as the Government are looking at these issues right now = both the issue of people getting CCJs months or years after a spurious private PCN, and generally, the DCLG are looking to report back on the survey 'call for evidence' that they have sat on for too long...

    Now is the time to be heard.
    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.

    • sarahsexton
    • By sarahsexton 19th Oct 16, 10:03 AM
    • 26 Posts
    • 12 Thanks
    sarahsexton
    Okay! I feel quite confident about this!! Thanks I'm sure I will be back when I get the court papers!
    • sarahsexton
    • By sarahsexton 15th Nov 16, 8:04 PM
    • 26 Posts
    • 12 Thanks
    sarahsexton
    Okay so court papers have been received, I know I need to respond to them, I have read I need to not put in any defense yet.

    Can I get some help writing a defense?

    Much appreciated!
    • Marktheshark
    • By Marktheshark 15th Nov 16, 8:07 PM
    • 5,325 Posts
    • 6,673 Thanks
    Marktheshark
    Who is the claimant ?
    MIL collections.
    Brexit will become whatever they invent it to be.
    • Castle
    • By Castle 15th Nov 16, 8:17 PM
    • 1,063 Posts
    • 1,318 Thanks
    Castle
    How long ago was the original parking ticket?

    (As there are a couple of cases relating to Capital2Coast/One Parking and MIL on Pepipoo where it looks like the wrong PPC "sold the debt").
    • sarahsexton
    • By sarahsexton 15th Nov 16, 8:23 PM
    • 26 Posts
    • 12 Thanks
    sarahsexton
    Mil collections are the claimant.

    It was 26/09/2015 not long ago at all!
    • sarahsexton
    • By sarahsexton 15th Nov 16, 8:24 PM
    • 26 Posts
    • 12 Thanks
    sarahsexton
    One parking limited T/A capital to coast parking management.

    They have the post code wrong of the car park too. One number wrong
    • pappa golf
    • By pappa golf 15th Nov 16, 8:45 PM
    • 5,384 Posts
    • 4,916 Thanks
    pappa golf
    please recheck the signage

    one parkig

    capital to cost parking management trading as one parking

    OR (please check this) capital to coast security


    was 29/09/2015 the date of the ticket on the car or the date of the first letter?


    the company names were getting puddled , and O am sure they weere banned for several mths

    edit: they were non eligable 7th January 2015 and 17th July 2015" , date of parking offence please ?
    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.
    • sarahsexton
    • By sarahsexton 15th Nov 16, 9:03 PM
    • 26 Posts
    • 12 Thanks
    sarahsexton
    It says on the signs capital 2 coast parking management is a trade name of one parking limited.

    To be honest I don't have the ticket, I can't find it anywhere! It says on the letter the date and I believe it is the date of the ticket as far as I can remember, it has the time also.

    I am going to find out from the DVLA when my info was requested and by whom.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

731Posts Today

5,708Users online

Martin's Twitter