Mil collections county court claim

Markh68

Hello

I am currently in the process of defending a claim against Mil collections for a very spurious parking ticket I received on private land over two and a half years ago.

Mil have recently bought the debt.

I want to get my defence right and was hoping that maybe someone could point me in the direction of a thread, similar to this scenario.

Basically, in May 2014 I got a parking ticket in Hove, West Sussex from One Parking LTD, Trading as Capitol 2 Coast Parking. The signs indicated controlled parking were hidden behind scaffolding and not visible. When the demand for money came thro the post there were no supporting photos so I ignored it. 6 months later I got another identical demand, again with no photos so I ignored that. I never heard from Capitol 2 Coast Parking again.

Scroll forward to October this year and I get letter from Mil saying they’d bought the debt, followed by a Letter Before Action.

On 20th October I replied to this Letter Before Action, using a template from Pepipoo, in which I which denied the debt and also requested :

Details of the contract upon which they rely
Details of the breach of this contract
Time stamped photos of the car
Time stamped photos of the sign
Time stamped photos of the location of the sign
Copy of a signed and dated Deed Of Assignment

I requested this information within 14 days and failure to supply it would result in me requesting that the court strike out any claim for want of a cause of action.

I duly sent this off the Mil (with a proof of posting)

I heard nothing

On the 10th November I received a County Court Claim Form.

I’ve sent off the Acknowledgement of Service and have until 13 December to submit my defence

Thus I want to know what to put in my defence as I realise I cant change my defence and obviously want to get it right.

Any help or pointers you can supply would be very gratefully received

Many thanks
Mark

Carthesis

https://forums.moneysavingexpert.com/discussion/5542413 - same stage, same debt collectors. Same page as your post.

The_Slithy_Tove

As well as all the usual defence points, you must include:
- Deed of assignment from original PPC to MIL is a false instrument (MIL generated both letters, and they are unsigned, thus of no more worth than toilet paper)
- PPC and MIL are in breach of DPA. You must separately write to MIL stating the DPA breach and telling them they MUST stop processing your details.

As well as defending, you should raise a claim for the DPA breach.

System

One Parking appears to have dropped out of the parking industry and sold their "portfolio" to MIL.

You will likely find they didn't get your details from the DVLA (so ask the DVLA if they supplied it)

You should also consider sending a Subject Access Request to MIL to get the information which is likely to show the missing signs.

Since One Parking are no longer ATA members (http://www.theipc.info/aos-members/o) the DVLA will say they cannot sanction but you may have a claim in tort for any misuse of your personal details. Have a think about a joint (counter) claim against One Parking and join in MIL too. AFAIR £750 is the favoured amount.

Coupon-mad

Markh68 wrote: »

On the 10th November I received a County Court Claim Form.

I’ve sent off the Acknowledgement of Service and have until 13 December to submit my defence

Thus I want to know what to put in my defence as I realise I cant change my defence and obviously want to get it right.

Same as this one:

https://forums.moneysavingexpert.com/discussion/5567150

In fact, send me a pm and I will help you as I have a similar one (MIL and C2C in 2014) on the go and am local enough to you. Click on my username and send me a private message and I will assist with your defence. It would be very good if you have the original PCN.

Others can vouch for me being trustworthy.

Castle

IamEmanresu wrote: »

Since One Parking are no longer ATA members (http://www.theipc.info/aos-members/o) the DVLA will say they cannot sanction but you may have a claim in tort for any misuse of your personal details. Have a think about a joint (counter) claim against One Parking and join in MIL too. AFAIR £750 is the favoured amount.

Back in May 2014 it would be Coast2Coast Security Ltd who had the contract and the ATA membership. One Parking Ltd didn't join the IPC until 13/8/2014.

Coupon-mad

Yes - and I have seen two PCNs from early Summer 2014 where the company number is the dissolved C2C, yet the assignment was done by 'OneParking' in October. This should be fun; I will help this OP if he/she pm's me.

HO87

When was the alleged assignment (when did One Parking "sell" the debt to MIL)?

Capital 2 Coast Security Ltd were dissolved on 20 September 2016 as the result of a compulsory strike-off (Companies House closed them down as a result of their failing to make their annual return). One Parking Ltd t/a Capital 2 Coast Parking Management are an entirely separate legal entity and will need to demonstrate how they acquired the "debt" before they could possibly have then "assigned" it to MIL.

This all assumes that the original offer of parking was made by Capital 2 Coast Security Ltd.

Markh68

Hi

The letter Before Action states that One Parking Ltd t/a Capital 2 Coast Parking Management sold the debt to Mil Collections on 11/10/2016.

Does this have any bearing?

Many many thanks for any advice

Grimble

Read above again, it is not signed.

Coupon-mad

Markh68 wrote: »

Hi

The letter Before Action states that One Parking Ltd t/a Capital 2 Coast Parking Management sold the debt to Mil Collections on 11/10/2016.

Does this have any bearing?

Many many thanks for any advice

Got your pm and I will contact you shortly.

I can help you with this off-forum like I am some others.