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

Fergie58

I too have received a ccj claim form from MIL. Collections today for £190. My fine was given on 3/12/2014 by premier parking logistics. I promptly sent them a scanned copy of my ticket and they said appeal denied as it wasn't displayed correctly the pictures they sent clearly shows my ticket on the dash. I then received another letter from a debt collector and responded in the same way. No response. I then sent another email no response. I then received a letter from MIL In July saying intention to issue a summons. My question at this point is do they have grounds as the ticket was not stuck to the window. I displayed my ticket on the dash every day for months as did over 80% of the other cars. I don't want to start a defence if I have no chance

Please help thank you

Fergie58

Sorry first time posting if I should have started a new post ??

Woppyman72

Yes, best to start a new thread. The advice you will get here is exceptional, but one issue per thread. I'm now in consultation with the Parking Ticket Ninja's. Will report back when matter is concluded.

HO87

Woppyman72 wrote: »

Yes, best to start a new thread. The advice you will get here is exceptional, but one issue per thread. I'm now in consultation with the Parking Ticket Ninja's. Will report back when matter is concluded.

As is, I understand, Fergie58.

Woppyman72

As promised, I said I would report back when my matter was concluded.
As a reminder of my situation; .
In Jan 2015 a member of my family was taking my father-in-law to Staples to purchase a laptop. Whilst there they may have left the premises to get some cash from an ATM to complete the purchase.
No ticket was placed on car and no letters were received so I was unaware of any potential 'parking invoice' until November 2015. I then received a so-called 'Notice of Assignment' from MIL collections, unsigned and in the same envelope a letter from JAS Parking confirming same to the tune of £149.00. As this was the first correspondence I'd had over this matter I wrote to MIL, JAS & the BPA to complain. To no avail, but the BPA kindly sent me pictures of this phantom ticket on my car and 4 letters from JAS that I had never recieved - bizarre!
I took to this forum and was immediately advised not to call or write to MIL as they were a company only interested in receiving my money, not in resolving my issue.
MIL issued Court Summons and I went through the process of Acknowledging Service, of providing a brief defence and of ensuring Court hearing would be in my local court.
I obtained a receipt for the laptop being purchased, tickets for a flight proving I was not in the UK at the time of the event and a letter from Staples manager confirming no debt existed.
I had a lot of support from one individual in particular who has commented on this thread and who in my mind is an absolute expert in defeating MIL. He helped me construct a set of arguments, placing several hurdles for MIL to overcome;

- No debt ever existed
- If a debt existed then it could not have been assigned in the way it was
- If it could have been assigned then it was a debt not a right to sue

The month before the Court appearance, MIL supplied a 'Part 36' offer, saying if I paid them £100 they would cease action.
On the advice of my advisor, I counter-offered my own Part 36 that if MIL dropped the case I would not pursue for my costs and I would pay them £0, which was a great deal as their claim is fatally flawed and they were bound to lose.
Surprisingly, MIL have accepted this 'Drop hands' offer and have issued a notice of discontinuance.
My advice to all reading this, is take the counsel of the extremely knowledgable and generous people on this forum.
If you believe you have been issued a ticket unfairly be prepared to fight, but also be prepared to spend a couple of days learning court procedures and all the issues that are pertinent to current law on these matters - people will help you but you need to put effort in as well.
A great big heartfelt thanks to the British Motoring Parking Association (BMPA) and in particular ' the Ho'.

Good Luck - you can win!
:beer: :T

hoohoo

Excellent news. Do you mean "If it could have been assigned then it was NOT a debt BUT a right to sue"?

desres52

Well done! Can I ask how long it took to get the notice of discontinuance? I too have a court summons from mil but despite writing to them 2 weeks ago wirh the same request, they have not replied. The court date is already set for mid august.

Woppyman72

I received the first communication from MIL on the 3rd November 2015, went through normal process of Allocation of Service and Court papers (which MIL filed late of course), then we had a date set for the 3rd week in July 2016.

The trigger for discontinuance was a counter Part 36 'drop hands' offer where I stated that I was prepared to pay my own costs if matter was dropped. This was In last week of June, so 2 weeks before deadline of submission of full defence and disclosure.

In my case I was absolutely convinced I was in right, no ticket on car, no letters recieved before debt assignment. Even if I had gone to Court and lost with costs (£225+costs) I would have been happy I'd done the right thing.

Be prepared to go all the way, if you get a letter of discontinuance it will be a bonus. Great help on here from some knowledgable specialists.

Woppyman72

Yes, you're right of course HooHoo, no debt to purchase, just a right to sue which is champertous