Lease wording MIL COLLECTIONS COURT CLAIM

happy4mike

Hi all,
I've been reading through the goldmine of threads but just had a question I couldn't find the answer to. A bit of background first..

My residential flat complex, of which I am a leaseholder, owns a private road leading up to it, with visitor permit parking available on it, where I park managed by CPMS. I forgot to display my permit one day, got a ticket, ignored the demands for money and this debt was then sold on to MIL who have now issued court proceedings. I did send them an appeal (prior to court proceedings), stating I had a permit but had forgotten to display it but they obviously weren't interested. The street permit parking signs are:

hxxp://s000.tinyupload.com/?file_id=76704444521533278671

I'm aware the apartment lease plays an important role in defence here and this is where I'm a little unsure as mine states "The estate owns the street which has spaces for visitor parking, subject to parking permit "

My question is, given the lease makes no mention of a requirement to display the permit, simply to have one, is this a reasonable defence?

I'm also aware that MIL often gain car ownership through a breach of the data protection act. Is another alternative to simply pay the £150 fine and then sue them for the £700 for breaching this, still coming out tops?

Thanks in advance,

Mike:j:beer::j

Umkomaas

What issue date is shown on the court papers?

Getting your acknowledgement of service (AOS) in is the important issue right now - you defence comes later.

In short, your lease being silent on any requirement to display a permit, or having to pay a third party a punitive sum because you didn’t, plays more into your hands than theirs.

KeithP

happy4mike wrote: »

Is another alternative to simply pay the £150 fine and then sue them for the £700 for breaching this, still coming out tops?

That's a risky tactic.

I would only take that course if I was sure I could convince a judge that I had suffered £700.00 worth of stress.
If you fail to do that - you lose.

happy4mike

Thanks - The issue date was the 11/12/17 so I've got some time to play with - I've not acknowledged it yet as part of me was wondering if I should give in and just pay the cowboys their money rather than run the risk of losing in court! But then I get angry at the thought of someone charging me to park somewhere I have a right to so still weighing it all up!

pappa_golf

date of incident?

happy4mike

The initial ticket was issued on 13/08/16, the debt was sold to mil on 11/10/17

KeithP

Was the alleged debt actually sold to MIL, or are MIL just acting as debt collectors on behalf of CPMS?

happy4mike

The court document states the claimant (MIL ) purchased the debt yes. Does this differentiation make a difference?

Redx

it certainly does

use the forum search box (in the drop down menu) and use search words like MIL COLLECTIONS to find previous cases

alter post #1 thread title and add MIL COLLECTIONS COURT CLAIM to it

read parking pranksters blogs about MIL COLLECTIONS too

you may even get some help from a regular forum member who specialises in helping out on MIL court claims (HO87)

did you ever name the driver or give the keeprs details to the PPC or have you ignored them all until now ?

ie:- did the PPC apply to the DVLA to get keeper details or not ?

if in doubt , ask the dvla

KeithP

happy4mike wrote: »

The court document states the claimant (MIL ) purchased the debt yes. Does this differentiation make a difference?

Yes it certainly does.

Have a read of this parking prankster blog:

DVLA confirm massive data protection breach to MIL Collections

Umkomaas

Have a search over on PePiPoo too. There was a rash of MIL cases (many involving CPMS) that were dealt with there around 12 months ago. Do some digging there to give you some ideas on how to handle it.

http://forums.pepipoo.com/index.php?act=SF&s=&f=60

From recollection there were issues about the legal status/name of CPMS.

But do get your AOS sorted, soonest. It won’t preclude you from settling later if you wish - but you can beat MIL.