The Miah Solicitors advice

Hi all,

I received a parking charge from UKCPS Ltd last year in July and since then I have followed the advice that was given back then to ignore there threats via there letters. All went quiet for nearly a year until just recently I received what looked to be a letter before action from The Miah Solicitors on behalf of UKCPS Ltd.

This letter stated that I was to pay a ridiculous amount of money to them on behalf of there client and if not they may persue legal proceedings. I returned a recorded letter stating a whole list of information they had not sent me under the practice direction and I also asked them for pre estimate profit lossess and evidence. Everything I had requested was ignored. I had read through the sticky thread on here about the LBA but it seems they are being persistent.

Over two weeks later I received this via E-Mail:

We refer to the above matter,


Our client has confirmed that it is too late for you to make an appeal at this late stage.


With regards to when our Client should deal with appeals; our Client is required to follow set rules, such rules are governed by their trade association, with sanctions imposed upon them, should they fail to comply.


We refer you to the Civil Procedure Rules, in particular, Annex A to the Practice Direction on Pre-Action Conduct, direction 1.1 states; ‘This Annex sets out detailed guidance on a pre-action procedure that is likely to satisfy the court in most circumstances where no pre-action protocol or other formal pre-action procedure applies…It is not intended to apply to debt claims where…the claimant follows a statutory or other formal pre-action procedure.’


Accordingly, as stated above, our client follows a set procedure with their trade association, our client is therefore, not required to reply to your appeal at this late stage, nor are they required to comply with pre-action rules, including the requirement to attempt to settle this matter by some form of (ADR) Alternate Dispute Resolution.



As you have failed to make payment of the charge due, our client has instructed us to issue legal proceedings.



Upon receiving papers from the Court, you will be provided with an opportunity to defend the claim.



If we do not receive full payment of £275.00, or any further correspondence from you, within 7 days of the date of this email we will issue legal proceedings immediately.



If you would struggle financially to pay the full sum due in one payment please contact our office as we are able to accept payment by way of instalments.



Payment can be made by cheque, made payable to The Miah Solicitors, by credit or debit card by contacting our office or by bank transfer using the bank details below:



Account number: 83774414

Sort code: 20-48-42

Account Name: TM Solicitors Client Account

Branch: Barclays Bank, Albion Street, Leeds



We await hearing from you within 7 days of the date of this email.



Yours sincerely,



Debt Recovery Team

[email protected]

Is what they have said correct do they not have to follow the pre action rules? Or are they just trying to scare me to pay up? Any advice on my next course of action would be greatly appreciated.

Thank you.
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Replies

  • QuentinQuentin Forumite
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    Djh55 wrote: »

    I received a parking charge from UKCPS Ltd last year in July and since then I have followed the advice that was given back then to ignore there threats via there letters........


    Any advice on my next course of action would be greatly appreciated......
    Read the newbies Q + A thread (sticky at the top of the forum) first.


    (You misread any advice last year that told you to ignore any correspondence)
  • FruitcakeFruitcake Forumite
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    As above. The advice on here has been NOT to ignore since the end of 2012, so I'm not sure what you were reading.

    Again, as abvove, read the NEWBIES thread especially the bit about court. It looks like this may well be a LBA so court papers may well arive soonly. Be prepared. Have a look at the Parking-Prankster's blogspot where you can purchase a very cheap guide to court for a few quid.
    I married my cousin. I had to...
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  • UmkomaasUmkomaas Forumite
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    last year in July and since then I have followed the advice that was given back then to ignore there threats via there letters.

    Oh no, here we go again! Please show us exactly where that advice was given!

    No forum dedicated to private parking charges has given that advice for almost 3 years. You cannot point your finger at any such forum without a challenge!
    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.
  • The_DeepThe_Deep Forumite
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    I suspect that they are bluffing, have you read this?

    http://forums.moneysavingexpert.com/showthread.php?t=5271141&highlight=

    BTW, UKCPS operate a contractual charge, so do not have to accont for losses, but Miah have to account for theirs, copy their letter to the SRA and suggest that their legal charges are a bit steep, and the rest of their letter is bollox.

    http://www.sra.org.uk/home/home.page
    You never know how far you can go until you go too far.
  • Djh55Djh55 Forumite
    3 Posts
    Thanks for the replies I have taken a read through the Newbies thread and will try to gain advice elsewhere also. I doubt they will back down now so paying up is probably going to be my safest option.

    Re the advice found back in 2014 was found all over the internet on previous threads so perhaps they where out of date! If I was fingerpointing I would have named specific forums, threads, dates, times ect so dont worry I blame only myself!
  • Djh55Djh55 Forumite
    3 Posts
    Thanks for your reply The Deep,

    Vincent709's thread is the first letter I receiced from the Miah Solicitors and after following the advice from the sticky thread on how to respond to an LBA they came back to me with the email above. So I'm alittle bit unsure on where to go about things now! It seems these Solicitors have suddenly sent a flood of letters out stating that case.
  • bazsterbazster Forumite
    7.4K Posts
    Paying up? Don't be so stupid, and ignore the mutterings above about court papers and such nonsense. UKCPS very rarely takes court action, Miah never does. You have received a debt collection letter, and like all debt collector letters you should ignore it.
    Je suis Charlie.
  • HO87HO87 Forumite
    4.3K Posts
    +1 ^^^^^

    And the one thing that Miah's entirely fail to make mention of? The alleged debt has never been proven - unless in your communications with them you have provided them some sort of acknowledgement that the debt existed and/or you were responsible for it. This is just one of the reasons why it is generally recommended that you do not make contact with DCA's unless you use a template response to a Letter Before Action.

    Even so, I would serious question why on earth you would want to be paying a solicitor posing as a DCA? They are no different from other forms of debt collectors at the end of the day and will happily send out threatening formulaic letters for a couple of quid.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • The_DeepThe_Deep Forumite
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    I doubt they will back down now so paying up is probably going to be my safest option

    In my opinion, they are almost certain to back down, especially if you turn the heat up my complaining strongly to the SRA. Have you read about Ian Brill, one of the solicitors who works for them and his involvement in a boiler room scam?

    Even if it did go to court, and you lost, you would probably end up paying less than Miah are asking, the judge is unlikely to side with a firm such as Miah.

    Call their bluff, you have nothing to lose.l
    You never know how far you can go until you go too far.
  • bazster wrote: »
    UKCPS very rarely takes court action
    According to FOI documents, UKCPS Ltd made 1,488 county court claims in 2014.
    New members, please refer to "sticky" threads that are alwasys "stuck" at the top of this forum
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