MIL/JAS Parking - Small Claims Summons yesterday - Some advice please?

Woppyman72

Hi all,

I could do with a few words of wisdom from the experts here.
In November 2015 I received a letter from MIL collections about an alleged debt they had purchased from JAS parking. It related to a parking infringement that supposedly happened at Staples/Curry's car park in January 2015.
I spoke to the person who drives the vehicle regularly and received confirmation that the vehicle was parked in the referenced car park on the date specified - however a laptop was being purchased for a relative at the premises, which we have a receipt for.

There was no ticket on the vehicle when the driver returned, confirmed by driver and passenger at the time. No correspondence was received until November.
This means that I could not follow the appeals process that has been well documented on this site with regard to POFA and establishing keeper liability.

As soon as I received the first letter I contacted MIL and explained the situation, but they have decided to progress their claim.

I received an LBA and responded in writing, sent by recorded delivery, conveying my intention to defend myself vigorously - hoping this would not come to Small Claims, no such luck.

Yesterday I received the small claims court documentation. I’m planning on my defence being in the following priority;

1 The driver never owed any debt to a parking company - driver was a legitimate customer at the time acting within the implied contract of using the premises.
2 Even if there was a debt to be settled, the parking company never met the conditions to hold the keeper liable - no correspondence received by keeper until the debt was transferred to MIL, with initial contact some 300 days after the alleged infringement.
3 As no debt has been established, it is impossible that MIL acquired a debt, merely a potential lawsuit. This falls under champerty/maintenaince.

On these three grounds I wish the case to be dismissed.


Here are my questions;

Is this the best line of defence? I intend to flesh these out a little but keep the defence in plain English.

Should I request an ‘in person’ court appearance at my local court, over a paper assessment at the bulk court mentioned in the paperwork (Northumberland).

If I wish to claim for all the time and effort, recorded letters and phone calls thus far, what can I legitimately claim for and do I need to launch a counterclaim to do so?

Any help that can be offered would be gratefully received. I am no parking angel but I feel quite aggrieved about this situation!

Wops

Tilt

I take it that the court have suggested mediation? Has that happened yet? If mediation isn't an option, then it will be listed for a hearing and statements to be filed. The applicant and yourself will need to serve your respective statements to each other as well as filing to the court.

I also think the court will allocate the case to your nearest County Court if you enter a defence and request it.

YES you have a defence for being a legitimate customer so make sure you keep the ORIGINAL receipt. Scan it and submit a copy with your statement.

YES you have a defence that you didn't receive any correspondence from the PPC BUT they maybe able to prove that it was sent to you.

YES you can claim out of pocket expenses if your defence is successful but I would ask the court office which is the best way and at what stage should you indicate that you will be doing so.

Please keep us posted on what happens. It maybe useful to others.

Redx

read previous threads on here about this and follow the same advice , like this one https://forums.moneysavingexpert.com/discussion/5425648

also read parking pranksters blogs on this topic, plus his court book too

4 blogs in jan 2016 http://parking-prankster.blogspot.co.uk/2016_01_01_archive.html

see post #1 court section in the NEWBIES sticky thread too

if HO87 contacts you by pm, take his advice too

and yes to "in person" at the local court etc

Woppyman72

Thanks for your quick replies. I will take the action you suggest.


I have been in touch with the BPA who are local to me, they have sent me a picture of my vehicle with a parking ticket attached to it, and 3 letters that JAS claim they sent me. As I trust the driver and their father when they say no ticket was on the car and I can speak with certainty there have been no letters received at my home address before the debt being sold, I am suspicious of foul play.


My suspicion is that the ticket was photographed on my vehicle then removed by the parking firm or another party (presumably to inflate the parking fine when I don't respond). The fact I received none of the letters from the parking firm, but have received every one from MIL looks suspicious as well. I have never lost any mail before or since, the car was registered to me from new, and I have lived in this house since new as well (over 3 years). Whilst I cannot prove any of this, I am in the security business so naturally suspicious when things don't add up.

Redx

yes your assumptions will be correct

JAS didnt send out NTK,s and used to pass to debt collectors after 28 days , but have sold these alleged debts onto MIL who are chancers and dont have legal standing anyway

I would think you will get that pm I mentioned and help from those who wish to see MIL fail on each and every one that is contested

Ralph-y

to help your case go back with evidence to the store and speack to the manager ...... he may not be able to stop the claim at this point but ask him to confirm that you where a customer and ...

even better (if he / she will)

get him to say / write that he / the store do not want this case to proceed ...

remind him that you will never buy there again , and that you will leave social media on facebook as such ...

follow the advic you are being given

and

good luck

Ralph:cool:

The_Slithy_Tove

Woppyman72 wrote: »

2 Even if there was a debt to be settled, the parking company never met the conditions to hold the keeper liable - no correspondence received by keeper until the debt was transferred to MIL, with initial contact some 300 days after the alleged infringement.

You probably also need to question the assignment itself. Most of MIL's assignments from other companies are dubious in the extreme (more often from UKCPM). Check that the assignment has been legally made, i.e. a formal notice from both assignee and assignor, and that each is boan fide (i.e. not both created by MIL, both signed by a named individual ...)

Woppyman72

Thanks, I've kept all the paperwork for this as I thought it might get nasty.


The JAS 'Debt Sold Under Agreement of Assignment' letter came in the same envelope as the introductory MIL letter. The JAS letter does not have a named individual just 'accounts department' whereas the MIL letter has a Mr. Paul King's name -although neither have been signed.


On a slightly separate point, when I rang MIL to discuss this matter (pointless as you might have guessed), I asked the MIL representative what they would do if they were in my shoes in my circumstances - he said he would fight it tooth and nail and not pay. I guess at least he was honest!

HO87

Hi Woppyman

Before you do anything else you need to log on to MCOL using the claim number and password supplied in the box on the centre right of the Particulars of Claim (you will need to create a Government Gateway ID first - if you don't already have one - go here if you don't).

Having logged on using those details you should select the options to acknowledge service of the claim and to defend the case in full - do not attempt to put in a defence now - there is no rush for this just yet. Having acknowledged service you will then have a total of 28 days from the date you received the papers to submit a defence. Doing this
does not prevent you from paying the sum claimed - or negotiating a settlement - later on should you change your mind.

For future reference do not call MIL. You will undoubtedly have provided information that they would not otherwise have had and they are interested in only one thing - your money. Nothing else. Nada. Nix.

By the way - you have a PM

Marktheshark

There is no debt to sell, no credit agreement, no service agreement, NO DEBT.
The main defence will be Locus Standi, no contract , no debt.

HO87

Marktheshark wrote: »

There is no debt to sell, no credit agreement, no service agreement, NO DEBT.
The main defence will be Locus Standi, no contract , no debt.

The main argument is actually likely to be that the debt represents a bare right to litigate and that is incapable of being assigned.

The fact that the so-called assignment relies on a notice that is suspected to have been written by the claimant and may therefore represent a false instrument is just one of the other arguments that are likely to be advanced.