UKCPS Miah Letter before Action 3 years on & new name

Miahhater

Hi everyone
After spending 4 days going through all the forums about Miah Debt Recovery and UKCPS I am afraid I still need help as our circumstances are not covered anywhere else.
The claim is against my daughter, who I have advised for 3 years to ignore, following research on here.
In Feb 2013 she parked her car in Ravenhead Retail Park car park in the evening, she ate in a restaurant there (paid cash & didn’t keep receipt) and then went to watch the rugby nearby. She did not know there was a time restriction as she didn’t see any signs, and the shops were all closed on her return and the car park deserted. She was shocked to find a PCN for £100 for overstaying a time limit, and came home in tears. I researched, and told her to ignore it as was the advice at the time. She then received a NTK which we also ignored.

Being confident that this would go no further if ignored, we thought it had, and heard no more for over a year. We don’t even have the original ticket or NTK any more. Then, in June 2015 she received the first letter from Miah (Debt Recovery) stating that the debt was now £275 due to legal costs. I checked MSE again, and the advice was to definitely ignore Miah debt recovery letters, so we did.
Another year passed and she has now received the (almost) same letter, but with a reduced price of £160 and stating it is a “letter before action”. She is panicking beyond belief despite my assurances it’ll be ok.

There is a twist to this though, in that my daughter has since changed her name and moved into her own home two years ago. The car was registered at my home at the time of the incident, but was written off in an accident last year, so no longer exists. The letters still come to my address, so should I just respond to them that no-one of that name lives here or that car and to stop sending mail here? They would have to pay the DVLA again to find out her change of name and address.
If I am to write any of the template “get lost” letters to Miah, who would I write them from without giving away her new name and address? OR do I sit tight still, and assume they will send a debt recovery letter every year for 6 years until they can’t pursue any longer?
Your wise advice is most welcome.
Both Miah letters are available but I cannot see how to attach.

Coupon-mad

Another year passed and she has now received the (almost) same letter, but with a reduced price of £160 and stating it is a “letter before action”. She is panicking beyond belief despite my assurances it’ll be ok.

There is a twist to this though, in that my daughter has since changed her name and moved into her own home two years ago. The car was registered at my home at the time of the incident, but was written off in an accident last year, so no longer exists.

The letters still come to my address, so should I just respond to them that no-one of that name lives here or that car and to stop sending mail here? They would have to pay the DVLA again to find out her change of name and address.

NO. They cannot reapply to the DVLA so she needs to give her new address when responding robustly to the Letter of Claim. Read this:

https://forums.moneysavingexpert.com/discussion/5524075

https://forums.moneysavingexpert.com/discussion/5524754

The fact the car no longer exists is completely irrelevant.

Have a look at other threads talking about replies to 'Letter of Claims' - there are some Gladstones and plenty of BW Legal ones to read recently (not Miah ones but the response is generic). If she has never said who was driving, DO NOT start now.

You could write the letter in her name - and if you all agree, she *could* leave her address for service at your house as long as you don't move and miss a future claim within six years of the parking event.

She should write a complaint to Mrs May, her current local MP and Sir Oliver Heald as shown in the links. She should send the snail mail, copies of the threatograms and ask, how is it considered acceptable that notorious ex-clamper firms are now allowed to ''credit clamp'' by waiting years then trying to get a default CCJ by court proceedings to old addresses, whilst also doubling the £100 PCN which was never even the liability of the keeper anyway (due to non-compliance with the POFA and unclear signs in the car park).

Get angry and attack this robustly.

You can show us links and letters by changing http to hxxp.

Miahhater

Thanks Coupon-Mad
So to clarify:
1) we (she) should write to Thresa May, Sir Oliver Heald & our local MP outlining the points above.
2) By sending "snail mail" do you mean reply to Miah using their delayed time as our attack? There are so many template letters on here, I do not know which one is the best so late in the day. They mostly seem to refer to the inflated charges and providing proof of costs to UKCPS, but I guess that wouldn't be our best defence?

Sorry if I appear thick, there's a lot to take in with all the posts and I cant afford to get it wrong.

The_Deep

They want £275? Oh dear, they have shot themselves in both feet with this totally unethical demand. Even if you lost in court, the most you would be likely to pay is about £225.

This is a company which operates at the very fringes of the law, and IIMU that they are currently being investigated by the SRA for overcharging.

They are, or were until recently, associated with a solicitor names Ian Brill who was fined a very large amount for his involvement in a boiler room scam.

http://www.ftadviser.com/2011/10/04/regulation/regulators/fsa-fines-firm-over-m-boiler-room-scam-OxBhKHfJzBlhOHeOuJaI7J/article.html

You should immediately copy Miah's letter to the SRA

http://www.sra.org.uk/consumers/problems/report-solicitor.page

complaining that they are demanding monies to which they have no entitlement. Such action must surely bring the profession into disrepute as the amount allowed for solicitors costs in the SSC is limited to £50.

There are lots of similar instance of Miah acting thusly here and on ppp, serach for posts by GAN.

Miahhater

Hi Deep
The latest letter has reduced it to £160 claiming £60 legal costs. (I've tried changing to hxxp to upload scans, but it doesn't seem to work on my laptop?)

I read a lot of the posts on here and PPP about Mr Brill, but thought I still have to send some kind of reply to them now? Do I just send them copies of the letters I will send to SRA and politicians? Thanks for the links.

The_Deep

Send as much as you can, the longer it takes them to read, the more it costs them.


Also, they will realise that you are making things difficult for them so may back away. They would be foolish to take this to court imo.

Coupon-mad

Miahhater wrote: »

Thanks Coupon-Mad
So to clarify:
1) we (she) should write to Thresa May, Sir Oliver Heald & our local MP outlining the points above.
2) By sending "snail mail" do you mean...

The term 'snail mail' just means don't email Mrs May or Sir Oliver or your MP because in my view, a letter is harder for them to brush under the carpet. Send them copies of the threats and complain. She could do it or you could in your own name as her father, saying something like:

How on earth can the Government consider it OK that my daughter (whose life is hard enough because...you can choose what to say here about her finances or situation, if you want) can be hounded by ex-clampers in an attempt to ''credit clamp'' her by writing to her old address many years after she believed the unfair 'parking charge' extortion attempt had gone away? How is it OK that she has to live with this threat hanging over her all this time? She is lucky you still live there - if you'd moved away then she too would be in danger of being the latest ''CCJ victim'' of a private parking company. This is like clamping all over again but far worse, wrecking the credit rating of thousands of ordinary people.

However, the response to Miah MUST come from your Daughter (not you) and can be sent in any way that she can prove service of (email if she has it, or letter with a free certificate of service from the PO Counter which she then keeps, stapled to a printed copy of her reply).

:mad: