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Miah - Is this a LOA?

vincent709
vincent709 Posts: 16 Forumite
edited 27 June 2015 at 9:40AM in Parking tickets, fines & parking
Hi,

I've just received the following letter (re-written with original formatting and grammar) from Miah and I'm unsure if it is a Letter of action or just a scare tactic, I've been through the newbie section and wasn't sure what stage I was at. (Text removed)

I'd appreciate any advice

The letter:

Dear Mr Blogs,

Our Client: UKCPS Limited of 1200 Century Way, Thorpe Park Business Park, Leeds, LS158ZA
Re: Unpaid Parking Charge
Sum Due: £275

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 (TIME) (DATE) at (NAME OF SHOP) a parking charge notice, ticket number: (NUMBER), was issued to you which remains unpaid. Irrespective of the reasons for parking the Court of Appeal ruled on the 23rd of April 2015 that a charge for parking on private land is not extravagant or unconscionable.

Our client has informed us that the parking charge was not paid on the date due, therefore on or around the time of parking, the parking charge notice and the signs erected upon the land in question, both specified that a charge of £100 would be payable. In addition to this sum, our client has incurred a £25 administration fee which under the terms of the contract are payable by you. In addition to the above charges, legal costs in the sum of £150 have now been incurred, these fees are also payable by you under the contract 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 Civil Procedure Rules. In particular, we refer you to paragraph 4 of the said practice direction concerning the court's 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 14 days 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 (PHONE NUMBER).

Yours sincerely,
(Signed" The Miah Solicitors")
The Miah Solicitors
Debt Recovery Team
(PHONE NUMBER)
«1

Comments

  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You should treat it as an LBA and respond accordingly. See http://forums.moneysavingexpert.com/showpost.php?p=62445019
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    also bear in mind that the BEAVIS CASE is being appealed at the Supreme Court in 4 weeks time so cases are being stayed for the result later this year

    plus offer ADR by POPLA , especially in the pre-court paperwork , as well as a stay for the BEAVIS CASE outcome

    MIAH is another desk along in the UKCPS portakabin afaik, plenty of MIAH threads on here if you use the forum search and the keyword MIAH
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    Scare tactic. UKPC isn't going to bring a claim and nor is Miah. Liars both.
    Je suis Charlie.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    UKCPS not UKPC ... but yeah. :)
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    Ha ha, UKCPs according to the OP. All too small on my 'phone!
    Je suis Charlie.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 25 June 2015 at 5:29PM
    There is lots of stuff on here about Miah I suggest that you do some research and take the offensive

    First this

    the Court of Appeal ruled on the 23rd of April 2015 that a charge for parking on private land is not extravagant or unconscionable.

    Is a gross distortion of the truth, their Lordships found no such thing, and this therefore may well constitute deliberabe malfeasance, it is also under appeal, and Miah should not have mentioned it. You should report this immediately to the S.R.A.

    http://www.sra.org.uk/home/home.page

    The "!legal costs" may also be a matter concern to them too so send the whole letter

    UKPC are a mickey mouse outfit, they never take people to court, but have been taken there themselves by a barrister and Trading Standards.

    http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

    Finally, Miah employ as one of their associates one Mr Ian Brill, a man involved some years ago in a boiler room scam and fined a large amount of money.

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

    Make your own judgement how likely it is that this gers to court.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 44,526 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    bazster wrote: »
    Scare tactic. UKPC isn't going to bring a claim and nor is Miah. Liars both.

    Miah, Miah, pants on fire!
    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 Street
  • Umkomaas
    Umkomaas Posts: 44,526 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    rrespective of the reasons for parking the Court of Appeal ruled on the 23rd of April 2015 that a charge for parking on private land is not extravagant or unconscionable.

    Both a nonsense statement and a complete misunderstanding of the Beavis case (notwithstanding the fact that all of this is up for appeal at the Supreme Court).

    So by their logic a charge for parking on private land of £500 is not extravagant or unconscionable. Yeah, right!
    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 Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    I am sure that, if someone reports this to the SRA, they will have little choice but to take action. I would do it myself, but I am known to them as a bit of a complainer.
    You never know how far you can go until you go too far.
  • vincent709
    vincent709 Posts: 16 Forumite
    Ha ha, UKCPs according to the OP. All too small on my 'phone!

    Sorry Bazster I've amended that.

    I did search for Miah but it all seemed to pertain to older stuff and no mention of the validity of their "Court of Appeals Ruling" statement.

    I appreciate the replys though, I'm just worried that if I brush this off as a scare tactic and they do take me to court the Judge may look unfavourabley at me for not following the Practice Direction.
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