Have been dealing with UKCPS, now got a letter from a solicitor. Advice?

fairleee

Hi all,

I'm still dealing with a ticket given to me back in February by UKCPS. All I've been receiving from them are form letters, to each of which I've dutifully sent off a response asking for a fully compliant LBCC. After my most recent letter (as of two weeks ago), I've just received a letter from a solicitor's firm in Leeds, saying they have been instructed in this case. It doesn't explicitly state that it is, but as far as I can tell it's an LBCC (particularly as it makes reference to the Practice Direction).

The letter itself is nothing more than a brief rehash of the claim, a ridiculous demand for £275, and then a statement that if they do not receive any payment or contact from me within 14 days, "we will take our client's instructions regarding how they wish to proceed".

My question is, how best to proceed with this? So far I've written a letter that's basically another version of LazyDaisy's LBCC response letter. I've pointed out the areas where they have failed to comply with the Practice Direction, pointed out their client's continued non-compliance with the Practice Direction (including their refusal to consider any form of ADR), and have asked for them to provide me with a fully compliant letter. Is that the best way to go about this, or should I be doing something different at this stage? Furthermore, is the fact that they've now got a solicitor involved (instead of continuing to correspond with me directly) a sign that this is more likely to go to court?

Thanks for your help!

ManxRed

Which solicitor is this?

fairleee

ManxRed wrote: »

Which solicitor is this?

The Miah Solicitors, office based in Leeds.

ManxRed

A well known set of lowlife solicitors.

Does the letter mention £150 worth of charges that they have invoiced their client?

If so, then a strongly worded formal compliant to the SRA might be in order, or at the very least a response to Miah asking if they genuinely charged their client this, given the lack of effort that went into the template letter they've sent you and the fact that they supposedly do £150 worth of work for EVERY case they draft up that letter for.

Misleading you about charges they HAVEN'T incurred for their client might and ought to get some interest from the SRA. Especially given that your letter won't be the first they've received about this.

Herzlos

Firstly, get in a complaint to the SRA for the misleading letter and all the breaches of the practice direction. It's not an LBC ("we will take our client's instructions regarding how they wish to proceed" gives it away), and is purely intended to intimidate you into paying.

Presumably they've also added £150 in fees for the service so far? That's also very dodgy, as there's no way they've billed the parking company £150 for sending out a template letter, and they can't just make up costs.

Miah have form for this (have a search on here).

I'm not sure how you want to respond to Miah, if at all, but complain to the SRA and you can hopefully get this entire practice to stop.

Half_way

does the latter mention Beavis?

The_Deep

The Miah Solicitors are almost certainly acting in this instance as debt collectors, and in all probability in a manner which the Solicitors' regulatory body may well disapprove or forbid.


Much has been written about them, (none to their credit) on here and peppipoo. Until recently they had links with a solicitor who was fined a large sum of money for a boiler room scam. He was declared bankrupt and struck off.


As you will see TMS sail very close to the wind, so complain immediately to the SRA

http://www.sra.org.uk/solicitors/handbook/code/content.page

copying all correspondence to them

Also, does anything from the PPC mention v.a.t.? UKCPS seems to have a problem with vat.

If, as they claim, this is contractual charge, it is a fee for parking, and thus vatable. If not it becomes a claim for damages for breach of contract. No vat is payable but it can only be sufficient to compensate them for losses arising from the breach, i.e., no staff uniforms, N.I. contributions, no electricity, business rates etc., a GPEOL in fact. In many cases this loss amounts to nil.

Ask then for a vat invoice. If they ignore your request, (which they probably will), it is a useful stick with which to beat them if it ever gets to court. You could argue ex turpis causa.

More reading here

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

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

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

If you suspect tax evasion go here

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

fairleee

Half_way wrote: »

does the latter mention Beavis?

Nope, now that I've had a quick search on the forum for them, it appears to be an identical form letter to those received by plenty of others on here. No mention of Beavis at all; just a demand for money!

Having had a look around, I think in terms of response I'll go with Gan's letter to them, and at the same time will make a complaint to the SRA - one more complaint can't hurt! On that matter, can anyone advise if there is a guide/form letter to the complaint to the SRA? Been reading through a lot of forum pages and it's all a little overwhelming!

Herzlos

I don't think there is a standard letter. Just tell them you've been sent what appears to be a debt collectors letter masquerading as a letter before claim, and point out all of the issues with it, including the £150 bill for sending a template letter.

It's probably also worth pointing out that Miah is pretty famous for these dodgy letters and bringing the industry into disrepute.

ManxRed

Might be worth stating that from public forums you are led to believe that the letter you've received is a template sent to dozens of other people, and that you have the firmly held belief that Miah cannot possibly have run up £150 in legal fees for sending identical letters to so many people.

The_Deep

Spooner or later the SRA will realise that the profession is better off without firms like Miah.