UKCPS / Miah Solicitors (Ignored ticket, solicitors letter received)

zoonyx

Apologies, I'm posting without full info as its for a 3rd party.

Fine was 20th August 2014. Car was parked in communal parking area by resident of flat. Car had a permit but not displayed.

Ticket/NTK (not sure which or both) were ignored. All other letters ignored to this point. Recently received a letter from 'The Miah Solicitors' who are demanding the fine plus fees etc.

I've read the newbies thread, and various other threads involving Miah - so I know they're not exactly above board, but not sure what advice to give to the 3rd party.

Is continuing to ignore the best policy. Obviously POPLA and any other appeal is well out of timeframe, so just some clarification please Also should they consider appealparkingticket.co.uk or similar?

Thanks!

bazster

Debt collection letter, ignore.

Redx

its too late to be appealing

its not a fine , despite you typing it several times above

I thought that by reading the NEWBIES thread you would know its a speculative invoice

no appeals company will take it on IMHO, not one

use MIAH in the forum search box to see dozens of similar threads about these debt collectors

if it ever starts with an MCOL, try to get ADR by popla , as UKCPS were BPA members back then

also try to get a landowner cancellation too, asap

zoonyx

Sorry fine is just my shorthand, but I accept its a bit silly when everyone here is constantly trying to get it across that private land 'fines' are illegal and unforceable :P Noted for future!

It's not so much the letter itself either - more to find out options available ( and it seems, other than landowner cancellation, there are none! )

Bit boring then I prefer the ones where I get to send snotty emails to the parking companies!

Out of interest, if they do put in an MCOL, is there a realistic chance of getting a ADR vis POPLA this far along? What would the defence be - parking company not providing code?

Thanks for the advice, and the deserved chastising!

Redx

agreed on the above , lol

nothing much can be done as its in the PPC control, not the person "owing the invoice"

read post #5 of the newbies thread, tells you what you need to know

the point being the defendant defends the claim and asks the judge for ADR by popla (which should have been appealed and used 12 months ago, be over and done with last xmas)

the defendant also asks the judge for a stay pending the Beavis case outcome too

if the judge allows one or both, then its down to the defendant to appeal to popla once UKCPS provide the popla code and pay popla too (they have no choice, other than cancel the court claim)

but a judge would have to direct it so

popla defences are numerous on here , but some appeal points are the following

NTK flaws
no contract
poor signage
not a gpeol

zoonyx

The problem is, as with many cases, I suspect they won't want to goto court, or get involved in sending court papers etc

Redx

they dont have a choice, unless they paid the extortionate invoice, which then encourages these bullies to carry on bullying people

if UKCPS decide to issue an MCOL, that is up to them, your friend has no control over the proceedings at all

they should have appealed to UKCPS and then to POPLA 12 months ago, with help from this forum, they would have won at popla with out help, could still do so if the judge directed it to popla

bazster

UKCPS issues a steady trickle of claims. Not huge numbers like ParkingEye but more than most of these companies. The chances of this case becoming a claim are small but it could happen - but the receipt of a letter from Miah is no indication either way, it's just a standard stage in the debt collector bullpoo.

zoonyx

Yeah - I'd wait it out. But I do understand people aren't as clear about it as others that's all.

If it goes to MCOL, what is the max that can be 'lost'?

Umkomaas

£150 - £200 (which includes the parking charge). Costs are limited, unless unreasonableness is demonstrated by the losing party - not likely if everything is played 'down the line'.

Just a 'wait and see' for you now.

The_Deep

Miah are, how shall I put it, not a Magic Circle firm. Are they demanding a silly amount of money, including legal fees? If so, report them to The Solicitors regulation authority.

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

You should also be aware that one of their associates, a Mr Ian Brill wasw, some years ago, involved in a boiler room scam, and fined a tidy sum of money.

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

Could not pay it, and filed for bankruptcy.

This is NOT a firm to be reckoned with

https://forums.moneysavingexpert.com/discussion/5067178

There is also a question of v.a.t. Has it been mentioned by the PPC, it should. As this is UKCPS, it will probably be a contractual charge, on whichv.a.t. is payable. Have they accounted for vat on their paperwork? If not it becomes a breach of contract and GPEOL applies More reading here

https://forums.moneysavingexpert.com/discussion/5087925=

https://forums.moneysavingexpert.com/discussion/5033796=

https://forums.moneysavingexpert.com/discussion/5195437

If you suspect tax evasion go here

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/reporting-tax-evasion

I would say that, as this is a Miah case, there is a v.a.t. question mark, it is a residential site, so Beavis does not apply, and there is no commercial justification, the chances of it going to court are virtually nil, so you can safely continue to ignore..