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MIL Collections Court Action after Mediation Failed

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  • MIL Collections Court Action after Mediation Failed

    Hi All

    On 9 June 2016 I had a mediation in line with the court process and looks as this will be going to court as the DCA want their money.

    Around Dec 2015 I parked on basically what is private land forming part of the public road next to a building and to all intents and purposes the land does not look like a carpark but merely and extension to a road in a cul de sac. The building has signs placed on it and I got a fixed charge notice which I ignored.

    I later received a letter from the parking enforcement company that they had sold the debt (now £160) to the DCA. The DCA then sent me a letter befor action which I responded to and also requested CPR 18 disclosure of further information. This was not provided but I did receive a claim form from the county business ctr at Northampton which I acknowledged and promptly filed my defence and CPR31.14 which again was ignored and no proof was provided.

    Today I was told by the mediator that they will rely on the Beavis case to get a CCJ.

    My question is - I was under the impression that a DCA cannot issue court proceedings for alleged parking infringements on private land so why is this going further? I clearly asked for how assignment was served and put them to strict proof on other particulars of claim so i am now wondering if this is worth my while as i understand the judge deciding on the Beavis case had little knowledge of parking legislation and went ahead regardless setting a precedent for other claimants to follow.

    What are my options now as I am waiting for a hearing date and feel there is nothing further to do until then?

    Regards
    Tags: None

  • #2
    Re: MIL Collections Court Action after Mediation Failed

    tagging [MENTION=5354]mystery1[/MENTION] [MENTION=6]Amethyst[/MENTION] xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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    Comment


    • #3
      Re: MIL Collections Court Action after Mediation Failed

      Originally posted by jaysinc111 View Post
      Hi All

      On 9 June 2016 I had a mediation in line with the court process and looks as this will be going to court as the DCA want their money.

      Around Dec 2015 I parked on basically what is private land forming part of the public road next to a building and to all intents and purposes the land does not look like a carpark but merely and extension to a road in a cul de sac. The building has signs placed on it and I got a fixed charge notice which I ignored.

      I later received a letter from the parking enforcement company that they had sold the debt (now £160) to the DCA. The DCA then sent me a letter befor action which I responded to and also requested CPR 18 disclosure of further information. This was not provided but I did receive a claim form from the county business ctr at Northampton which I acknowledged and promptly filed my defence and CPR31.14 which again was ignored and no proof was provided.

      Today I was told by the mediator that they will rely on the Beavis case to get a CCJ.

      My question is - I was under the impression that a DCA cannot issue court proceedings for alleged parking infringements on private land so why is this going further? I clearly asked for how assignment was served and put them to strict proof on other particulars of claim so i am now wondering if this is worth my while as i understand the judge deciding on the Beavis case had little knowledge of parking legislation and went ahead regardless setting a precedent for other claimants to follow.

      What are my options now as I am waiting for a hearing date and feel there is nothing further to do until then?

      Regards

      Good afternoon,

      The situation is that the " parking company " has sold the " debt" for an unknown sum to the " DCA" and now they can pursue it as a straight forward debt, they pursue it by any means including court action,
      they are not acting on behalf of the parking company.

      nem

      Comment


      • #4
        Re: MIL Collections Court Action after Mediation Failed

        Thanks Nem

        I get that but are there not rules/safeguards against this type of thing? I'm thinking along assignment etc.
        Do I just follow their lead and try to negotiate settlement?

        I'm a little confused now.

        Regards

        Comment


        • #5
          Re: MIL Collections Court Action after Mediation Failed

          Originally posted by jaysinc111 View Post
          Thanks Nem

          I get that but are there not rules/safeguards against this type of thing? I'm thinking along assignment etc.
          Do I just follow their lead and try to negotiate settlement?

          I'm a little confused now.

          Regards
          Have you had a notice of assignment just a letter saying XXXXX has sold/bought the debt?

          nem

          Comment


          • #6
            Re: MIL Collections Court Action after Mediation Failed

            I had a letter stating the parking company had sold the debt onto the DCA and that they would be dealing with matters. I still cant get my head around this being a lawful debt at all as the landowner has not served any assignment of the debt to a third party and this is where my contention lies (along with other things)...

            Regards

            Comment


            • #7
              Re: MIL Collections Court Action after Mediation Failed

              http://parking-prankster.blogspot.co...champerty.html

              http://www.parkingcowboys.co.uk/mil-collections/


              Without further details like the claim form, ticket, signs etc it's hard to say more.

              M1

              Comment


              • #8
                Re: MIL Collections Court Action after Mediation Failed

                Attached is the claim form - also correction on my last post - this is from December 2013 (not 2015 as previously stated). The car park in question is still a private carpark and in all honesty I do not remember getting a ticket for this and cannot produce one. I will try and get some photos but I guess the signs may have changed since 2013.
                Attached Files

                Comment


                • #9
                  Re: MIL Collections Court Action after Mediation Failed

                  Well aside from not containing a valid statement of truth (which stands unless struck out, sadly) they have confirmed that they bought with the sole intention to sue. Assigned one day 040316 and a letter sent 050316 with an intent to sue. Doesn't get much clearer than that.

                  M1

                  Comment


                  • #10
                    Re: MIL Collections Court Action after Mediation Failed

                    I'm still struggling with the point regarding assignment. Please see my defence below and let me know if this is going to stand up
                    or whether I would be wasting my time....


                    1. I am the Defendant and reside at XXXXXXXXXXX

                    2. Save as specifically admitted in this defence the Defendant denies each and every allegation set out in the Particulars of Claim or implied in Pre action correspondence.


                    Preliminary Matters

                    3. The claimant failed to send the particulars of claim within 14 days as per Practice Direction 7C 5.2(4).

                    4. The claimant failed to include a copy of the written contract as per Practice Direction 16 7.3(1) and Practice Direction 7C 1.4(3A) and failed to provide details of absolute assignment under Section 196.4 of the Law of Property Act 1925

                    5. The particulars of claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached. Indeed the particulars of claim are not clear and concise as is required by CPR 16.4 1(a).



                    The Claim

                    6. Paragraphs 1and 2 are outside my knowledge. The claimant is put to strict proof that the defendant was driving.

                    7. Paragraph 3, the claimant is put to strict proof.

                    8. Paragraph 4 - is neither admitted nor denied. The claimant is put to proof

                    9. Paragraph 5 The claimant is put to proof that they have any right to escalate the costs. The claimant had the choice not to litigate.

                    With reference to the Consumer Rights Act 2015 Schedule 2 part 1 para 6 (or UTCCR 1999 SCHEDULE 2 REGULATION 5(5) 1 (e) the charge is clearly an unenforceable contract term as the Operator is seeking to impose a charge in compensation that is vastly disproportionate to the parking tariff of only a few pounds that the Operator believes should have been paid.


                    10. The claimant has not pleaded anything about keeper liability. The charge is unfair and an unenforceable penalty and as such the claim should be dismissed.




                    Statement of Truth


                    I believe that the facts stated in this Defence are true.



                    Signed

                    Comment


                    • #11
                      Re: MIL Collections Court Action after Mediation Failed

                      Have you entered a defence already ?

                      M1

                      Comment


                      • #12
                        Re: MIL Collections Court Action after Mediation Failed

                        Yes the defence was entered within the time period

                        Comment


                        • #13
                          Re: MIL Collections Court Action after Mediation Failed

                          And that was what you wrote above ?

                          M1

                          Comment


                          • #14
                            Re: MIL Collections Court Action after Mediation Failed

                            Yes it is

                            Comment


                            • #15
                              Re: MIL Collections Court Action after Mediation Failed

                              Points 3 & 4 are wrong. The PoC are on the claim form and they do not say they will send them separately.

                              Aside from that, 6 is a bit wooly as it should be clear whether you were the registered keeper. You are able to admit that or indeed deny it if it's crap.

                              7 & 10 would appear to be contradicting somewhat. They have clearly pleaded at their number 3 about keeper liability.


                              I would seek the agreement from the claimant to enable you to amend your defence, personally.

                              https://www.justice.gov.uk/courts/pr...l/rules/part17

                              Amendments to statements of case

                              17.1
                              (1) A party may amend his statement of case at any time before it has been served on any other party.
                              (2) If his statement of case has been served, a party may amend it only –
                              (a) with the written consent of all the other parties; or

                              M1

                              Comment

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