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Some advice please
Stuart_Hamilton
Posts: 5 Forumite
I have a flat in a private estate that I rent out to a housing association. It comes with a parking space. The management company for the estate has contracted a private parking company to patrol the estate and 'ticket' anyone parking illegally.
Last year, between tennants, I was parked in my space to do repairs and came out to find a £100 (usual 40% discount if paid in 14 days) ticket on my car. I had a notice in my car window to say that I was the owner of the flat, so the attendant knew that it was my space.
Therefore I ignored the 'ticket'.
Now the private parking company has sold the 'debt' and the new 'debt' owners have got a small claims court date for me to attend.
Do I have a leg to stand on? Should I settle? Should I attend the small claims court? Should I consult a solicitor at my expense?
Last year, between tennants, I was parked in my space to do repairs and came out to find a £100 (usual 40% discount if paid in 14 days) ticket on my car. I had a notice in my car window to say that I was the owner of the flat, so the attendant knew that it was my space.
Therefore I ignored the 'ticket'.
Now the private parking company has sold the 'debt' and the new 'debt' owners have got a small claims court date for me to attend.
Do I have a leg to stand on? Should I settle? Should I attend the small claims court? Should I consult a solicitor at my expense?
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Comments
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Is this a hearing date or an initial claim form from court?
Read up in the newbies faq thread near the top of the forum for advice on court claims and links to other sources of advice on dealing with a court claim
First off whilst you get up to speed is to acknowledge the claim with the court in order to "buy" an extra 14 days to get your defence in0 -
You have 2 legs to stand on. You don't need a solicitor, we can help.
Which parking company? Which debt collector? Have you received stamped court papers from the bulk distribution centre at Northampton County Court?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Stuart_Hamilton wrote: »I have a flat in a private estate that I rent out to a housing association. It comes with a parking space. The management company for the estate has contracted a private parking company to patrol the estate and 'ticket' anyone parking illegally.
Last year, between tennants, I was parked in my space to do repairs and came out to find a £100 (usual 40% discount if paid in 14 days) ticket on my car. I had a notice in my car window to say that I was the owner of the flat, so the attendant knew that it was my space.
Therefore I ignored the 'ticket'.
Now the private parking company has sold the 'debt' and the new 'debt' owners have got a small claims court date for me to attend.
Do I have a leg to stand on? Should I settle? Should I attend the small claims court? Should I consult a solicitor at my expense?
Who is the parking company and who are the debt collectors ??0 -
Let me guess - they are not a debt collector - MIL Collections? OMG very beatable but there are defence points you MUST include.and the new 'debt' owners have got a small claims court date for me to attend.
But what did you say in you defence?
If as you say, you have a court date what is the date by which you must submit your Witness Statement and evidence?
Yes if you act in time and get our advice on the WS and evidence for a MIL case re a residential car park. You must act in time but I want to know what you said on the claim form in defence?Do I have a leg to stand on?
And who was the parking company, and what date was the PCN? Is it Capital2Coast?
No, YES, no.Should I settle? Should I attend the small claims court? Should I consult a solicitor at my expense?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
I suspect that we are all guessing here
the so called "debt collector" has gone a long way without the OP actually contacting them , they have managed to get a court date and venue?
perhaps the debt collectors have not bought the claim , and its our likely friends parking and property management
the OP has made one posting , perhaps they can return and answer some more questions
name of parking Co
name of company allegedly sold to
position in court systemSave a Rachael
buy a share in crapita0 -
Thank you all so much for your quick replies.
The parking company is New World Facilities Essex, a BPA approved operator
The collection company is MIL Collections
The court date is 10am 27/01/20170 -
so you have filled in all the court paperwork , applied for your local court and have good paperwork ?Save a Rachael
buy a share in crapita0 -
Oh dear...and you are within two weeks of that so...you've missed your deadline to submit a Witness Statement and evidence (?) and you haven't told us what you defence said.
Please urgently answer about your defence. You are about to grab defeat from the jaws of an easy victory.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
My defence on the paperwork that I returned to the court was:
"I am defending this claim because the claimant has no right to make it. The claimant has bought a 'debt' from a company that has no debt to sell. The basis on which the original 'debt' is made is erroneous. The original comapny has tried to make a charge for me to park in my own parking space. They were informed that they had no basis for their claim as I owned the flat that the parking space relates to and have every right to park there. A notice was displayed to this effect on my car and they were informed by telephone of this. The claimant in fact has a claim against the company that they bought the 'debt' from, not from me. As there is no debt, the admin charge that they have applied to it is also erroneous. I have been put to considerable inconvenience informing the original company of this error and now the claimant is also putting me to inconvenience by chasing a debt that doesn't exist. I reserve the right to make a claim for my inconvenience, time and emotional distress in this matter if they do not drop the claim and inform me of this immediately."0 -
You should read this
http://parking-prankster.blogspot.co.uk/search?q=MIL
Scroll down as well to ...
MIL Collections lose - Deed of Assignment not valid
Parking companies breaking data protection by selling to MIL Collections0
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