LBA - Miah solicitors

Chuckie1910

My mum has received a LBA letter from the Miah Solicitors. We was given the advice to ignore them when she first received the ticket and we naively did so. I have read both the newbie thread and zzzLazydaisys thread on how to respond, yet I am still feeling a little overwhelmed with all the information and I am unsure on how to proceed. The letter she received says:

We have been instructed by our above named client in connection with an outstanding parking charge. We are writing to you with regards to the vehicle number: XXXXX. On xx/xx/xxxx at xx:xx, a parking charge notice: XXXXX, was issued to you which remains unpaid. Irrespective of the reasons for parking, a charge for parking on private land is no extravagant or unconscionable. The Supreme Court ruled on the 4th November 2015 that charges for parking on private land are enforceable and we believe our clients charge is proportionate. You should therefore arrange to make payment of the sum due as a matter of urgency to prevent legal proceedings being issued against you.

Our client has informed us that the parking charge was not paid on the due date. Therefore, on or around the time of parking, the parking charge notice and the signs erected upon the land in question, both specified that a charge of £100 would be payable. In addition to this sum, legal costs of the sum of £60 have also been incurred, these fees are payable by you under the contract entered into when parking at the above location. In addition to the above charges, should we proceed to issue legal proceedings; a £25.00 court fee would be incurred, which under the terms of the contract are also payable by you, which totals the sum of £185

This letter before action is being sent to you in accordance with the Practice Direction on Pre action conduct contained in the civil procedure rules. In particular, we refer you to paragraph 4 of the said practice direction concerning the courts power to impose sanctions for failing to comply with its provisions.

Take note, that if we do not receive any payment or contact with you in 14 days of this date of letter, we will take our clients instructions regarding how they wish to
Proceed which may include considering issuing legal proceedings. please include our reference number so we can allocate your payments. Payments can be made by cheque, made payable to Miah solicitors. By credit or debit card by contacting our office or by bank transfer using the details below.

Yours sincerely,
Miah solicitors,
Debt recovery team

My mum has been away on holiday and come home to find this letter, which has left me today/tomorrow to respond within the said 14 days, which has left me panicking! My response is to remind them that they have no entitlement to recover legal fees and to ask for a breakdown of the charges.

Am I heading in the right direction, any advice will be gratefully received!

The_Deep

IIMU that this firm is currently being investigated by the SRA over allegations of attempting to obtain monies to which they are not entitled. Read this

http://www.pepipoo.com/forums/lofiversion/index.php/t98605.html

There is a huge amount of stuff detrimental to Miah on the net, google Miah and Ian Brill, Ian Brill boiler room scam.

I would not take threats from this firm too seriously, they operate at the very fringes of the law

Half_way

There is some advice on the sticky thread, although time may be short don't panic.
Also where was the car park where the original parking charge was picked up? the Principal, usually the landowner can instruct his/her agents ( the parking company and its associates) to drop the case.
If the PPc is acting without landowner authority then this will kill any court action something roughly like
I______________(name or representative of the landowner) do not wish our agents (Name of parking company) to pursue this matter in court, and are giving formal notice that any court proceedin(s) by our in regards to this parking charge notice are not authorised
signed____________ date:_____________


However you shouldn't take your eye off the ball

Chuckie1910

the letter states it's a small surgery in Leeds that has issued the parking charge, shall I get in contact with them then and see if they are aware of the situation?

Thanks again

Chuckie1910

Do you think I should still respond to them, or continue to ignore them?

Thank you!

The_Deep

Definitely reply to them. Ask them in what capacity they are writing, as a solicitor, or as a debt collector? Use some of Gan's ppp letter at post 10 in my link. .

Chuckie1910

Yes, I've gathered plenty of research to inform my response.

Wish me luck!

Coupon-mad

Chuckie1910 wrote: »

the letter states it's a small surgery in Leeds that has issued the parking charge, shall I get in contact with them then and see if they are aware of the situation?

Thanks again

A GP's surgery? This goes against the NHS Parking Principles then, to penalise patients. As well as a letter written to the Miah Solicitors in your Mum's name (as keeper) you need to complain as well - vociferously - to the Surgery for your Mum if she is elderly/vulnerable and insist that the Practice Manager or landowner steps in to cancel it.

Also, please see this important thread:

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

Please take an hour or so out this week, to write about this pathetic harassment and attempt to 'credit clamp' your Mum's finances and scare a vulnerable person who was merely visiting an NHS Surgery, to Mrs May and your MP. Template is linked there, can be adapted - it mentions the NHS Parking Principles(Government Guidelines, totally ignored by PPC World).

As well as complaining to the SRA. There is a SRA complaint here, modified by me, posting there as SchoolRunMum (I didn't write it though, hat tip to a legally-qualified contact and occasional poster who knows the score re PPCs):

http://forums.pepipoo.com/index.php?showtopic=107836

Obviously, make sure anything you send is applicable to your own case and your own letters and if you wish to write your own, do so!

kinotara

hi im wondering how it went? im pretty sure im in a similar boat to what you were in. Burton Croft surgery by any chance? Headingly Medical center? I have just received my letter from miah i live on the high road but the difference is i wasn't visiting the surgery i was loading into my house after the surgery was closed for all of 20 mins (im pretty sure UKCPS sit and wait for people to park there because it is so fast) the surgery was closed but seems your still not allowed to park in there...been doing my research on miah and wondering how it went in your case so i can see the best way to tackle mine from September 2016. May start my own post if i cant find anything else on the forums.

Thanks in advance

DoaM

The OP was last online on 4th October 2016 ... I doubt OP will see your post. Please start your own new thread if you need further advice.