MPS/MIL collections

pappa_golf

sorry I know you are getting lots of help . now page 3 can you fill in the blanks


date of offence
date info applied for 27/2/15
date NTK received


PCS are just doing the back office work for millennium , I bet PCS paperwork was a gem

HO87

It may well be Page 3 but it is perfectly possible to return to the first post which reveals that the date of the parking event was 19 January (2015). The DVLA would seem to have disclosed data to DR+ (aka PCS) as a result of an application on 27 February but the NtK was dated either Day 57 or 58 (depending on which post you go with).

For whatever reason it seems that either PCS or Millennium have sat on the keeper data which they almost certainly had in time with which to issue a compliant notice. Then failed dismally - hardly a surprise.

On that basis MIL (who for the purposes of debate here are effectively Millennium from a legal perspective) have no grounds on which they can legally pursue the keeper for the alleged debt.

Not that that will stop them of course. They will just plough onwards. You may be lucky enough to receive a Notice of Discontinuance (NoD) but as there is no definable logic as to which cases receive them or not there is no point in worrying about it.

Some people have written to MIL (or in at least one case phoned them - and spoken to a "Matt Murdoch) and demanded a NoD and then received one. There is nothing to be lost in investing in a first class stamp.

If you do, tell them that you know all about the adjournments at West Cumbria and Oldham and the investigations ordered into the existence of a member of their staff and the veracity of some photographs that had been provided by MIL. Tell them that you will pursue them for costs and that it would just be easier for them to issue a Notice of Discontinuance. Nothing ventured, nothing gained.

desres52

Court date set for 10/8 despite me advising tbat I would not be available for that month. Anyway as regards writing to MIL to ask for a notice of discontinuation, how should I word this so as not to give them any ammunition to use against me?

Coupon-mad

I would write robustly, pointing out the costs they had to pay in MIL Collections v Ms G – case no. B0QZ3H5F – before District Judge Cross at St Albans County Court.

http://parking-prankster.blogspot.co.uk/2016/05/another-mil-case-another-no-show.html

As this is the usual MIL unreasonable and vexatious claim with no proper Deed of Assignment specific to any defendant or amount, and with a ‘witness statement’ signed by the ephemeral ‘Matt Murdoch’, there are no prospects of success at a hearing.

Tell them that if forced to attend a hearing you will apply for costs, both ordinary costs for loss of earnings, travel etc., and further costs due to the claimant’s unreasonable conduct. In the recent case of MIL Collections v Ms G – case no. B0QZ3H5F, DJ Cross asked on what basis unreasonable conduct was alleged and agreed that MIL had pursued the case with no cause of action. Further evidence of persistent abuse of the court process by MIL is proven in copies of other judgments (Bowker, Capaldi, Singh) where full costs were also awarded under CPR 27.14 (2) (g).

And encourage them to discontinue.

If/when they do, check that the court have also been informed and only believe it if the court say the case is indeed over.

desres52

Thank you for your response. I've put a response together quickly and wondered if anyone has any comments on what I should add or remove. I will include the reference when I send the letter:

I have received a court date relating to the claim you are making against me as the keeper of the vehicle.
a) I believe that your case is flawed and that you are only continuing it vexatiously with no proper Deed of Assignment and no prospects of success at a hearing.
b) I wish to receive a Notice of Discontinuance within 7 days or I will be writing to the court with a list of recent discontinuances and adjournments involving yourselves to demonstrate your persistent abuse of the court process as proven in copies of judgments (Bowker, Capaldi, Singh).
c) Should you wish to continue to court, I will be seeking costs from yourselves in addition to a wasted costs order to reflect your unwillingness to discontinue at an early stage, and merely continue to court with no cause of action. In the judgments quoted above, I note that full costs were also awarded under CPR 27.14 (2) (g). I also note costs awarded in the recent case MIL Collections v Ms G – case no. B0QZ3H5F –before District Judge Cross at St Albans County Court.
I look forward to your speedy reply.

desres52

sorry ... the 'Speedy reply' at the bottom of my post above is on the letter, not for comments on here

Coupon-mad

Yes you could certainly send that - keep proof of posting.

desres52

I have sent my request for discontinuation to MIL. Today I received a 'Final Settlement' from them, with the same date that I posted my letter, so I know they would not have received my request at that time. The letter has a typed signature for Matt Murdoch and offers me to settle by paying £50. The usual wording then of, costs to attend court, time spent preparing documents, etc. They still have until next Thursday to send me the notice of discontinuation, but do you think they are now worried that they may lose if it does go to court? I'm monitoring the Prankster's blog as well to see if there is any update on MIL having to prove the existence of Matt Murdoch...

Northlakes

You have them on the ropes as they say. Turn up in court on the day even if they say they're discontinuing just to make sure. Even if they discontinue at this late stage they are liable for your reasonable costs if a judge decides that's appropriate.

Coupon-mad

Everyone gets that letter now:

http://forums.pepipoo.com/index.php?showtopic=105272

If that's not you, then that poster is neck and neck with you for timing. You may want to compare notes by registering on pepipoo and sending them a private message.