Court papers from MIL collections.

troubled_newbie

Hi again,
I have just received county court claim form from MIL COLLECTIONS LTD , PALACE BUILDING, QUAY STREET , TRURO, CORNWALL,TR12HE. Who purchased a £100 "debt" from Parking Awareness Services Blackpool . Amount claimed on County Court Papers is £100 debt amount , £50 Administrative costs, and £25 Court fee Total £175.00 .

The debt or parking charge ( or consideration, wording used on parking sign )was for not parking fully within the confines of a marked bay, in Central Reads Secure Car Park Blackpool FY1 4DQ .

I posted a thread regarding the P.C.N and got brilliant advice from this forum , which i followed and ignored all coorespondence from P.A.S and MIL until these papers arrived today ( Sat 9th April 2016 ) the court papers are dated 07/04/2016.

The next step is to fill in defence and counter claim form, and fill the Acknowledgment of service? , this is where i become unsure , boxes need signed by Defendants Legal Representative or Litigation Friend , any help on the next steps would be much appreciated .

Timescale of events :-

19/09/2016 Park car overnight in named car park (£6.50 24hr fee paid )

10/10/2016 First letter ( notice to keeper i believe ) From P.A.S .

10/10/2016 Appeal to P.A.S lodged

14/10/2016 Appeal failed from P.A.S. (1photograph supplied, of a car offside rear tyre touching back T-Bar of a parking bay ) .

Date unknown Two letters from P.A.S requesting payment of debt . ( ignored ).

07/02/2016 Received envelope containing two letters , one from P.A.S informing me of Assignment ( selling interst of debt £100 ) to M.I.L Collections Ltd. And one from M.I.L informing me of debt purchased and letter before action .

09/04/2016 County Court papers from Northampton.

I was the guy who went back to Blackpool and took the Photos of the V. Short parking bays and car park . Which i still have , also spoke to a man who said he owned the car park , i showed him the P.A.S photo and he said the car parked was acceptable although parked slightly to the right.

Any help Greatly Appreciated Guys

Troubled Newbie .

Marktheshark

Research your defence points, cut and paste templates will not work so well on this.
Here are two good strong legal points to place ahead of the normal template defences, however be careful not to admit to been the driver, or to argue about what it said signs or that they were read by the driver or the car was at the site on the day in question.
This mistake makes it easy work for parking firms.

Point 1 Locus Standi : Claimant has no Locus Standi to bring a claim for damages or contracts against the registered keeper when they have no propriety interest in the property at which the parking event is disputed.

Right Of Audience : Claimant is not a a registered litigation, legal or law company but a third party debt collecting interloper and therefore the defendant is of the belief that the claimant has no Right Of Audience to bring a legal representation claim in to court on behalf of any client as they are not a registered legal practice governed by the SRA.

No Contract : No Contract exists between the registered keeper (defendant) and no CCA agreement or service contract is in place for any debt, funds or monies owed in any way between the claimant and defendant thus no such debt as claimed exists.

Redx

HO87 may send you a pm about this sc@m, so take anyu advice given seriously

as for filling things in , acknowledge online but dont put anything in the defence box yet, give yourself an extra 14 days to sort out the holding defence

read the bargepole link in the NEWBIES sticky thread , post #1 , it tells you what to do at the early stage

also search the forum using MIL COLLECTIONS to see all the other similar court claim threads

troubled_newbie

Thanks Marktheshark for quick reply ,
Before i found this website i appealed and sais i was driver ( Big error ). Schoolboy error as coupon mad pointed out at the time .

Thanks
Troubled N.

Marktheshark

Not to worry, They will have trouble claiming for a debt they claimed to have purchased.
There is no CCA agreement or service contract for them to produce so they wont be able to claim they are pursuing a debt.
They are not a legal firm so can not act on behalf of another firm, only in there own interest.
I can not really see how they will have any proof of any debt ?

beamerguy

troubled_newbie wrote: »

Hi again,
I have just received county court claim form from MIL COLLECTIONS LTD , PALACE BUILDING, QUAY STREET , TRURO, CORNWALL,TR12HE. Who purchased a £100 "debt" from Parking Awareness Services Blackpool . Amount claimed on County Court Papers is £100 debt amount , £50 Administrative costs, and £25 Court fee Total £175.00 .

The debt or parking charge ( or consideration, wording used on parking sign )was for not parking fully within the confines of a marked bay, in Central Reads Secure Car Park Blackpool FY1 4DQ .

I posted a thread regarding the P.C.N and got brilliant advice from this forum , which i followed and ignored all coorespondence from P.A.S and MIL until these papers arrived today ( Sat 9th April 2016 ) the court papers are dated 07/04/2016.

The next step is to fill in defence and counter claim form, and fill the Acknowledgment of service? , this is where i become unsure , boxes need signed by Defendants Legal Representative or Litigation Friend , any help on the next steps would be much appreciated .

Timescale of events :-

19/09/2016 Park car overnight in named car park (£6.50 24hr fee paid )

10/10/2016 First letter ( notice to keeper i believe ) From P.A.S .

10/10/2016 Appeal to P.A.S lodged

14/10/2016 Appeal failed from P.A.S. (1photograph supplied, of a car offside rear tyre touching back T-Bar of a parking bay ) .

Date unknown Two letters from P.A.S requesting payment of debt . ( ignored ).

07/02/2016 Received envelope containing two letters , one from P.A.S informing me of Assignment ( selling interst of debt £100 ) to M.I.L Collections Ltd. And one from M.I.L informing me of debt purchased and letter before action .

09/04/2016 County Court papers from Northampton.

I was the guy who went back to Blackpool and took the Photos of the V. Short parking bays and car park . Which i still have , also spoke to a man who said he owned the car park , i showed him the P.A.S photo and he said the car parked was acceptable although parked slightly to the right.

Any help Greatly Appreciated Guys

Troubled Newbie .

A very foolish company who purchase a debt without knowing much or anything about it especially a scam debt.

In the real world of debt collecting (parking scammers are not the real world), banks etc sell off debts in blocks but they fail to give the full story to the company they assign the debt to.

You should have responded to the LBA but in this case you did not.
To accept an assignment of debt, MIL have taken the place of the PPC and they are now legally responsible to answer the same questions you asked the PPC WHO IGNORED YOU

As said, it's one thing when a debt can be proven such as banks, it's another thing when as you say, you actually paid for time

Others will be along to give you the best advice

System

19/09/2016 Park car overnight in named car park (£6.50 24hr fee paid )

10/10/2016 First letter ( notice to keeper i believe ) From P.A.S .

Defences are built on accuracy - or the lack of it.

How do you think you stack up?

Does the MIL claim mention Keeper Liability using the Protection of Freedoms Act?

troubled_newbie

Yes point 2 on the claim form . quote

The Defendant was the registered keeper and or/driverof venicle xyz at the time . The charge is as follows ref: 0000000 offence : not parked fully within the confines of a marked bay LOCATION at the said car park . date and time . Make and model of car.

point 3 .

In accordance with Schedule 4, The protection of freedoms Act 2012, notice outlining liability was sent by post to the defendant.

beamerguy

troubled_newbie wrote: »

Yes point 2 on the claim form . quote

The Defendant was the registered keeper and or/driverof venicle xyz at the time . The charge is as follows ref: 0000000 offence : not parked fully within the confines of a marked bay LOCATION at the said car park . date and time . Make and model of car.

Any Judge who allows such rubbish to waste the court's time, should be sent straight back to school

Umkomaas

IamEmanresu wrote: »

Defences are built on accuracy - or the lack of it.

How do you think you stack up?

Does the MIL claim mention Keeper Liability using the Protection of Freedoms Act?

@OP - have you understood the significance of this very helpful post?

Hint - check your timeline!

HO87

Whilst advice here is very useful there are better resources available at Pepipoo.com's Private Parking Ticket forum.

Take yourself across there and use the forum search function for "MIL Collections" and read through the numerous threads.

As for:

beamerguy wrote: »

Any Judge who allows such rubbish to waste the court's time, should be sent straight back to school

Unfortunately BG this reveals a degree of ignorance of how MIL operate and of the small claims court process.

In the last 12 months MIL have (reputedly) purchased multiple "debts" in the shape of unpaid PCN's at the rate of £1 a shot (we understand). These are purchased with the intention of issuing proceedings immediately if the "victim" does not pay up on receipt of their LBA/so-called notices of assignment.

Once the remainder are in the system unless the defendants choose to fight their cases then none of this passes in front of a judge. The small claims track is effectively an administrative system and undefended cases will never have been looked at by a judge. That is why MIL are able to get away with such Gruyere-like cases and have been defeated (and had costs awarded against them) at every single hearing - where defendants have sought advice here (and at Pepipoo) first.