Mil collections ltd - county court

markkelly112

HI,
MIL Collections LTD have just issued count proceedings against me for a debt that purchased from JAS Parking LTD. The particulars on the claim for state the following:
Charge for parking on private land at staples car park in Luton.
1. The claimant (MIL Collections LTD) purchased the debt on 02/11/2015. Assignment notice sent on 03/11/2015.
2. The defendant was the registered keeper and or/driver of the vehicle I owned at the time. The charge is as follows:
Ref: JAS***** Contravention: Customer parking whilst using premises only LOCATION: Staples Luton DATE NAD TIME: 05/05/2014 16:50
3. In accordance with Schedule 4, The protection of Freedoms Act 2012, notice outlining liability was sent by post to the defendant.
4. The Claimant wrote to the defendant on 11/12/2105 informing of an intention to issue a summons. No resolution achieved.
THE CLAIMANT CLAIMS:
1. Debt Amount £149.00
2. Admin and collection fees £50.00 plus court costs.

I have read various posts on here about these cowboys but can someone advise where I stand on this please?

Thank You.

peter_the_piper

Have you checked to see if this is a genuine claim or just a part of the paper trail?

The_Deep

There are lots of these MIL cases, have you done any googling?


https://www.google.co.uk/?gws_rd=ssl#q=MIL+parking+taking+me+to+courtt

ManxRed

Also have a search on the Pepipoo forum too, there are plenty of MIL cases on there.

Most defences focus on the false instrument used by MIL. Is there a copy of the letter of assignment from JAS to MIL? Is it signed (I'm guessing no), and does it contain a barcode similar/identical to the one on the MIL letters? It indicates that the letter was actually mocked up by MIL themselves and is therefore a false instrument. Using that to make a claim is not going to be looked upon favourably by a court (it is misrepresentation at best, fraud at worst).

There will also be issues around the Legal Standing of MIL and JAS relating to the original ticket.

Do some Googling.

markkelly112

Hi People, I have a claim form with a county court stamp on with the necessary paperwork, i.e. income and defence etc on. I have done lots of googling but nothing pacific on how I could prepare a good defence. I feel that they are just trying to bully in making me pay and why should I.
Again any help would be so much appreciated.

HO87

What you have appears to be the standard MIL claim format.

MIL Collections Ltd have purchased a number of JAS Parking's allegedly unpaid PCN's dating back into 2014 and are aggressively pursuing them through use of very early court action. Their aim is to bully you into paying up quickly.

It is known that they were offering to buy similar alleged "debts" from other companies at £1 each meaning that if they collect £149 they stand to make a substantial profit. And that is their sole objective.

They have gained a reputation of not actually appearing at court and so far have lost every case where the defendant has had a lay representative (from PePiPoo) to guide them. There have been a number of other defeats for MIL where the defendants have been assisted from here and PePiPoo in preparing their defence.

Apart from the fact that MIl seemingly make no effort whatsoever to meaningfully enforce their claims (they are not currently putting forward anything other than the most basic of claims) they have specifically been unable to prove that the company they have acquired the debts from had any rights to enforce anything in the first place; cannot support the assertion that POFA was complied with and have been unable to demonstrate that the assignment of the original "debt" is genuine.

It has been argued from the outset that their claims offend basic public policy and in years gone by would have constituted a criminal offence known as Champerty and Maintenance which, boilking it down to gravy means that they are speculating in litigation and simply buying up the rights of others to sue.

In a case earlier this month in a case where a defendant represented himself (armed with an assisted defence) we were able to get that element tested. The judge agreed and dismissed the case and awarded costs against MIL.

PM me if you would like further details.

It is a shame that PePiPoo is currently down as I would have guided you to that forum.

Coupon-mad

markkelly112 wrote: »

Hi People, I have a claim form with a county court stamp on with the necessary paperwork, i.e. income and defence etc on. I have done lots of googling but nothing pacific on how I could prepare a good defence. I feel that they are just trying to bully in making me pay and why should I.
Again any help would be so much appreciated.

Nothing pacific? LOL...nice typo.

Come on, Google and read stuff from the Parking Prankster for starters. No-one is going to re-write what you can find in seconds.

markkelly112

do u have the link for this please?

thank you

4consumerrights

markkelly112 wrote: »

do u have the link for this please?

thank you

Google is your friend and you will need to know how to do some research in this matter.

The first step is that you should complete the acknowledgment of service of the claim and there are plenty of threads on this for how to do this.

I am not sure if your typo errors are down to anything specific or if you may need more assistance?

Quentin

markkelly112 wrote: »

do u have the link for this please?

thank you

www.google.co.uk


Try parking prankster for starters

Coupon-mad

Hope you found what you needed from the Parking Prankster? See this thread too:

https://forums.moneysavingexpert.com/discussion/5368840

HTH