UKCPS / Miah Solicitors

Volcano82

Hi,

I have recieved a letter from Miah Solicitors relating to a parking ticket recieved last year. When I originally recieved the ticket, I checked this website and the advice was to ignore the letters from UKCPS.

I have now checked the advice again following receipt of this letter and there seems to be conflicting posts on the forum and suffice to say, the advice has now changed.

From reading the 'Newbie' threads and other threads in this forum, in summary it seems the following approaches have been listed:

1. Do nothing, some people still ignore the letters.
2. Do something, some people respond to the solicitor letter to appeal and then use the IAS or POPLA appeals process.
3. Cant do anything, some people have stated that at this stage it is too late to appeal.

Details of claim
I was parked next to a kirb (stated as un-marked bay).
Parking is free.
Land is privately owned (large shopping complex).
From memory, ticket was left on my window.
Parking was in England.

Question
Should I continue to ignore or appeal or is point 3 above correct and I do not have any options now?

The letter qoutes 'Practice Direction on Pre-Action Conduct'. I have checked the .Gov website and it states:

1.2 These aims are to be achieved by encouraging the parties to –
(1) exchange information about the issue, and
(2) consider using a form of Alternative Dispute Resolution (‘ADR’).

If this is the case, I am not a 100% sure that point 3 is correct as it seems to be inviting me / Miah Solicitors to find a solution out of court (ADR)?


I appreciate people trying not to duplicate information on this forum. Any advice from people who have successfully quashed this at the stage I am at in the process would be really helpful but please do not direct me to the newbie threads etc as I have already read these.

Many Thanks

Herzlos

1. Do nothing.

Search the forums here for "Miah"

The_Deep

Ian Brill is a member of staff of TMS

http://www.ftadviser.com/2011/10/04/regulation/regulators/fsa-fines-firm-over-m-boiler-room-scam-OxBhKHfJzBlhOHeOuJaI7J/article.html

bazster

<shakes head in disbelief>

TD, that a man with that in his background is still able to practice as a solicitor speaks volumes about how low the legal "profession" has sunk.

Volcano82

Thanks all so far.

As stated though I have searched the forums. This did include by the keywords (such as Miah) as well so am aware of the past discretions of one of Miah's 'now' consultants, but that really has no relevance to my question.

All though I agree with the general consensus that it does raise questions about Miah and their business but that is something else.

The forum threads to date give conflicting advise so I wanted to hear off people who have had this letter and details of what route they decided to follow to get a resolution. Some have appealed, some have done nothing.

tykesi

Volcano82 wrote: »

I have recieved a letter from Miah Solicitors relating to a parking ticket recieved last year. When I originally recieved the ticket, I checked this website and the advice was to ignore the letters from UKCPS.

If the ticket was last year then the advice was certainly NOT to ignore. That hasn't been the advice for over two and a half years so please don't blame anybody else for you reading old threads.

Volcano82

Thanks Tykesi. There is no blame here. I am just trying to understand what to do upon receipt of this letter.

bazster

I've never heard of Miah being involved in litigation for UKCPS, it's just a debt collection letter. UKCPS does their occasional court cases themselves (usually pretty badly). Just ignore it.

Captain_Leaky

Back to your original question. What exactly is the wording of the letter? IS? It a letter before court? OR? Is it just a prospecting letter in the hope that you'll pay up? We won't know this until you post the wording of the letter. If you scan and post it, then remove all identifying data because they read these forums.

Volcano82

Captain_Leaky wrote: »

Back to your original question. What exactly is the wording of the letter? IS? It a letter before court? OR? Is it just a prospecting letter in the hope that you'll pay up? We won't know this until you post the wording of the letter. If you scan and post it, then remove all identifying data because they read these forums.

Hi - this is the point I am trying to clarify after reading a thread published by zzzLazyDaisy.

Here is the letter recieved:


Our Client: UKCPS Limited of 1200 CenturyWay, Thorpe Park Business Park, Leeds, LS15 8ZA

Re: Unpaid Parking Charge

Sum Due: £275.00

We have been instructed by our above named client in connection with an outstanding parking charge.

We are writing to you with regards to the vehicle registration number . At hh:mm on dd/mm/yy at place name aparking charge notice, ticket number: ,was issued to you which remains unpaid.

The land where the vehicle was parked had various conditions for restricted parking which can be seen on signs erected on the land, in parking on the land you contractually agreed to adhere to those conditions.

As you were parked out of a marked bay you breached the conditions you agreed to, the signs erected on the land stated that a breach of conditions would result in a charge being issued and that in addition any fees incurred in the recovery of that charge would be payable by you.

Our client has informed us that the parking charge was not paid on the date due, therefore, you are in breach of the contractual obligation you entered into when parking at the above location.

This letter is being sent to you in accordance with the Practice Direction on Pre-Action Conduct contained in the CivilProcedure Rules. In particular, we refer you to paragraph 4 of the said practice direction concerning the courts powers to impose sanctions for failing to comply with its provisions.

Take note that if we do not receive any payment or contact from you within 14days of the date of this letter we will take our clients instructions regarding how they wish to proceed which may include considering issuing legal proceedings. Cheques should be made payable to the Miah Solicitors. Payment can also be made over the telephone by calling our office on

Yours sincerely
Signed as ‘The Miah Solicitors’
The Miah Solicitors

Debt Recovery Team



There are a few contradicting points that confuse the matter for me, one of which that springs out is they state I have 14 days to respond otherwise they 'may' issue court proceedings.

However, in the letter they reference Practice Direction and Pre-Action Conduct. I have looked at this today and section 7 (7.1) and it states this is the process followed for the claiment / defendent to exhcange details before court proceedings begun. I have also cross referenced the letter to the thread from zzzLazyDaisy and there seems to be information missing (which the thread states to expect).

Any thoughts??

BenefitMaster

This is not a LBCCC - Its a debt collection letter.

If you have ignored thus far, continue.

Otherwise treat it as an LBCCC and follow lazydaisy's template.