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MPS/MIL collections

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  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    ok , clue time , who the hell is GCS ?
    Save a Rachael

    buy a share in crapita
  • HO87
    HO87 Posts: 4,296 Forumite
    edited 8 April 2016 at 11:49PM
    The issue here is that GCS are unlikely to have been the company that Millennium Services contracted with and was probably just a convenient means of identifying the site. Are you able to get GCS to give you a letter confirming that you were a bona fide visitor to their premises which you can then take to the landowner? Once you have their details take (send them a copy of) that letter and see what the landowner can do.

    Although MIL Collections are an entirely separate company from Millennium Services they claim they have legally acquired the debt - and that means they take on responsibility for it in all legal respects. So, if the landowner pulls the plug they have no grounds (aside from the rake of other things they lack any grounds for). Good luck.

    Edit:
    pappa_golf wrote: »
    ok , clue time , who the hell is GCS ?
    Post #15
    desres52 wrote: »
    The vehicle was parked at GCS in Swansea vale...
    Do keep up PG.
    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
  • desres52
    desres52 Posts: 37 Forumite
    To recap on the particulars of the claim from MIL, they state:
    The charge was for parking on private land, the claimant purchased the debt on 16/2/16, with assignment notice sent 17/2/16.
    The Defendant was the registered keeper and/or driver of the vehicle at the time, Offence - no permit displayed.
    In accordance with Schedule 4, the Protection of Freedoms Act 2012, notice outlining liability was sent by post to the defendant.
    The Claimant wrote to the defendant on 18/2 informing of an intention to issue a summons, no resolution achieved.
    I have read through Gan's generic defence items and am trying to get my head around champerty and maintenance at the moment. I received the
    court papers 2 weeks ago tomorrow, but am looking to get my defence sorted asap while I wait for info from GCS re the landowner. Hopefully I may
    not need it, but just in case....
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    as I have stated earlier and in other threads, you need to be taking any advice from HO87 and from Iamemanresu seriously if you wish to challenge this court claim, you will win using their advice and also if you get any of their pm,s , read them too
  • Umkomaas
    Umkomaas Posts: 43,369 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I have read through Gan's generic defence items and am trying to get my head around champerty and maintenance at the moment.

    Have you read The Parking Prankster's blog re MIL and champerty and maintenance?

    http://parking-prankster.blogspot.co.uk/2016/01/mil-collections-fail-in-court-champerty.html
    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
  • Coupon-mad
    Coupon-mad Posts: 151,888 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 April 2016 at 5:10PM
    desres52 wrote: »
    To recap on the particulars of the claim from MIL, they state:
    The charge was for parking on private land, the claimant purchased the debt on 16/2/16, with assignment notice sent 17/2/16.

    Did you get that?
    Offence - no permit displayed. In accordance with Schedule 4, the Protection of Freedoms Act 2012, notice outlining liability was sent by post to the defendant.

    No it wasn't - at least, a compliant Notice to Keeper was not served. And private land parking allegations are based on contract law, not any 'offence'. And the driver has never been identified have they? (keeper is not liable and must not/should not say).
    I received the court papers 2 weeks ago tomorrow, but am looking to get my defence sorted asap while I wait for info from GCS re the landowner. Hopefully I may not need it, but just in case....

    Have you acknowledged the court papers as explained on other court threads? That gives you an extension so (all told) you would have 28 days from receiving the papers (up to 33 days max from the date on the court papers). But ONLY if you acknowledge the claim now, immediately - online if MCOL - leaving the defence box completely blank but the acknowledgement completed.

    Process and paperwork explained here by bargepole:

    https://forums.moneysavingexpert.com/discussion/comment/61084955#Comment_61084955

    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • desres52
    desres52 Posts: 37 Forumite
    Hi Coupon mad, it appears my reply last night was not logged.
    I have done the acknowledgement, the papers were received 2 weeks ago.
    The letter before action and letter of assignment were sent together in the same envelope with the same barcode and both unsigned. The letter of assignment supposedly from MPS was on plain paper whereas in my previous correspondence with them, they have responded on their own headed paper with logo.
    I have pm'd Iamemanresu who is helping me with the defence.
  • HO87
    HO87 Posts: 4,296 Forumite
    You are in safe hands.
    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
  • Coupon-mad
    Coupon-mad Posts: 151,888 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    desres52 wrote: »
    I have pm'd Iamemanresu who is helping me with the defence.

    Good, safe hands indeed. :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • desres52
    desres52 Posts: 37 Forumite
    OK, defence submitted, thank you to all for your valuable help and assistance through what has been a trying time. disappointed that I haven't yet had a response from the landowner, time to chase I think.
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