UKCPS and Miah Solicitors LBA

-BigDave

Hi all,

Have read through the great advice and information on here would appreciate some regarding my own situation.

I had a PCN stuck to my car on the 26 March 2016 and subsequently received multiple letter about this issue up until the most recent, an LBA, which was sent from Miah solicitors.

I have attached the letter sent and, as far as I can tell using the advice in the newbies thread, it seems pretty legitimate.

I remember that there was no lighting in the car park around the signs and the only sign at the entrance read 'Park here at own risk'. I think the best approach wold be to dispute on the grounds that there was not adequate or prominent signage with no lighting or relevant signs at the entrance regarding the 'contract' that was being entered into by parking there. The land is private and I had contacted my brother, whom I was visiting at the time, numerous times to question parking restrictions and he informed me that there were no restrictions on site, obviously he was completely oblivious but he does not drive and so wouldn't be actively looking for these signs.

The car park was empty the entire time I had parked at the complex and there are no designated spaced. The office at the housing complex had provided me with a handful of permits after we had questioned the ticket and so I think this also works in my favour as £100 is arguably irrelevant as the landowner has not suffered any measurable losses.

UKCPS have made an error in their correspondence also, is seems as though they are trying to appear as if they are making reasonable efforts to settle out of court as the last letter sent by them, dated 12 December 2016, directly was 'offering' a reduced payment of £85 if I had paid by 16 November 2016. Not really sure how to reference this !!!! up.

Another issue is that I do not have pictures of the signs and I live about 2 hours drive away

I'm prepared to dispute this however am also chasing for this to be cancelled by the landowner who I am currently awaiting response from as, should they decide to try and get the ticket cancelled, I might want to include what they say in my email.

https /postimg .org/image/ 66a6flkfr/

Any advice would be appreciated.

Coupon-mad

it seems pretty legitimate.

What, a Miah letter about a UKCPS charge? Hmmm...search the forum for the word 'Miah' and you might decide otherwise!

so I think this also works in my favour as £100 is arguably irrelevant as the landowner has not suffered any measurable losses.

That argument would have worked in 2014 but not since the Beavis case at the Supreme Court in 2015, the Judges in their infinite wisdom moved the goal-posts and decided a parking charge doesn't have to equate to loss if there is a legitimate interest/commercial justification for the penalty (...when is a penalty not a penalty? when the Supreme Court Judges find in favour of Capita-owned ParkingEye and bends the law to allow their punitive business model).

A bloody shocking decision, IMHO. Means you can't argue 'no loss' and the ex-clamper brigade like UKCPS are all engaged in a feeding frenzy of threats & court claims, jumping on the bandwagon on the back of that excuse of a court case. Surely the Supreme Court Judges saw this consequence and wider implications of supporting this sort of business? Well no, most of the Judges generally showed no sign if having the foggiest clue about the truth behind this 'industry'.

Your letter:

https://postimg.org/image/66a6flkfr/

is covered here by the BMPA (free charity advising about these scams):

https://bmpa.zendesk.com/hc/en-us/articles/203637731-Miah-Solicitors

''Though they are solicitors, these letters are from their debt collection department and as such can be ignored or if you feel the need, send a Part 18 request for better and further particulars. They won't have them but it strengthens your case later.''

https://bmpa.zendesk.com/hc/en-us/articles/206864395-3-Part-18-Request-Easy-

HTH

-BigDave

Thanks for the reply Coupon, I had sent the part 18 yesterday via email (a new address i had created).

I received some good news today though, the housing company have contacted UKCPS on my behalf and have had confirmation from them that the PCN has been cancelled, i naturally requsted this information in writing and have received an email to that effect.

Just want to thank you for your advice and help Coupon, you do a great job on here and i'm sure you'll continue to help others.

If there are any complications, I'm sure i'll be knocking on your door again.

All the best,

Dave

Coupon-mad

Great news - we've had another court win reported today too (Bobby2k2) after months of shenanigans! A good day for you too.

safarmuk

i naturally requsted this information in writing and have received an email to that effect.

Was this email from the UKCPS or the Housing Company? It needs to be from the fomer as we have had situtations where the "Housing Company" have said they have voided a PCN only for the PPC to start sending letters again 3 months later.

The_Deep

There is a lot of very bad stuff on the Internet about Miah. At one time they were closely connected with Ian Brill. a conviceted boiler room scammer, bankrupt and struck off solicitor


https://www.google.co.uk/search?sourceid=navclient&hl=en-GB&ie=UTF-8&rlz=1T4GUEA_en-GBGB707GB707&q=miah+solicitors+complaint&gws_rd=ssl

They tend to put in claims for silly money, how much are they asking for this time?

-BigDave

-Safarmuk, unfortunately the email was sent from a nice lady at the housing company. Although she has been brilliant and assured me that if I receive any more correspondence about this matter, to contact her and she will get on it.

-The Deep, they were requesting the initial £100 with £60 of solicitors fees in top.

I might send a further email to them warning them that the client has advised that the ticket has been cancelled and that anymore correspondence about this will be considered as harassment.

Nixci

I won in Court on Monday against UKPC too, whoop! 🙌🏽

safarmuk

Ideally get the confirmation from the PPC themselves ... I've seen it where it all kicked off again months later without that.

Well done Nixci, do you have a thread on your case? Email the Parking Prankster about your case - he can blog about it and make you (somewhat) famous!

Nixci

Thanks, I might do that lol. I started one in October, but some got a little cross with me as I couldn't respond quick enough...so I gave up and went it alone ��

Coupon-mad

Nixci wrote: »

Thanks, I might do that lol. I started one in October, but some got a little cross with me as I couldn't respond quick enough...so I gave up and went it alone ��

Oooh, do tell us more about your court win though, or the Prankster. You could write a guest blog in your own words.