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Wednesday, 11 April 2018

MIL Collections - £750 awarded against them for “Unreasonable conduct in litigation”.

MIL Collections v George. D8QZ60RM Truro 10/04/2018. DDJ Rutherford

Guest report from Mr George. MIL Collections were represented by Danielle Metters from LPC Law  Mr George was represented by John Wilkie.

This case has also been reported on the Cornwall Live website.

Court report

DDJ Rutherford has quashed a parking charge and seriously rebuked debt collection company MIL Collections Ltd. The Truro based company were also ordered to pay £750 in costs to the defendant because of their “unreasonable conduct in litigation”.

The exceptional order came after Cornwall based Llawnroc Parking Services and MIL Collections had pursued motorist David George for payment despite Mr George having bought a parking ticket and proved this to the private parking company. Mr George was helped by the Parking Prankster, along with the BMPA and Private Parking Appeals director John Wilkie (acting privately as a Lay Representative) in his defence of a claim from MIL Collections for £215 after the alleged debt was incorrectly assigned to it by Llawnroc.

MIL Collections Christopher Barrett, who calls himself “Head of Legal” for the firm, under cross examination from John Wilkie, admitted the company often provided fictitious names or pseudonyms on documents used in evidence. He agreed Paul King, G Watson and Matt Murdoch and Matt Murdock, names which often appear on MIL litigation, were all made up. In finding for the defendant and awarding exceptional costs Deputy District Judge Stephen Rutherford said:

“If a professional debt agency brings a claim it must get the basic facts right…………
Many of the letters were written by fictitious people or the names they used are pseudonyms, the problem is these letters were produced (in evidence) and that information would never have come out without the astute questioning of Mr Wilkie. They included wrong dates and wrong amounts, I can forgive one mistake, when it get to two or more I become worried.”

The judges criticisms of MIL continued:
“Debt has to be properly assigned and a notice properly given. I’m not satisfied notice of assignment was properly given. I’m not satisfied this was a proper assignment in the first place. It was undated ……. and signed by a Mr Haddock which is a resemblance to a fictional character”.

When awarding costs to Mr George, Deputy District Judge Rutherford said in a small claim court case;

“Costs are only awarded if there has been unreasonable conduct. Late service of the (evidence) bundle, failure to comply with the pre-action protocols, breaking the Financial Conduct Authority rules, failure to comply with court orders, adding additional administration charges twice, effectively a way of trying to get back costs over and above small claims costs by the back door, all of that puts MIL Collections as having a cost order against them. It amounts to unreasonable conduct in litigation”.

Costs of £750 were awarded.

After the case the defendant, David George, said “ MIL Collections appears to use claims to the small claims track to scare people into paying debts which maybe disputed, they use tactics which are, at best misleading to individuals like myself, and the judge has found them out and rebuked them in court”. Mr George also said he was extremely grateful for the help provided by John Wilkie, and to the BMPA and the many Private Parking blogs and websites for their help and encouragement.

Prankster Note

MIL's habit of using fictional comic book characters to sign their legal documents has now hit them hard. Although Matt Murdock may be a successful fictional lawyer, he is not in real life. At this time it is not known whether Capt. Haddock, the harbour master who signed the notice of assignment is real or false.

As MIL have never been known to win a parking case against John Wilkie, the Prankster has no hesitation in condemning their business model as being built on a tissue of lies, relying on intimidating motorists into paying amounts which have no basis in law.

MIL owner Alan Davies is therefore nothing more than a con man, relying on bluster and scare tactics to fleece unsuspecting motorists who do not know the true legal position.

If any motorists have paid MIL they have up to 6 years to sue them to get their money back. As MIL have no basis for pursuing these motorists it is likely they also have a valid data protection claim against MIL, and also possibly personally against Alan Davies and Christopher Barrett for using personal data unfairly and unlawfully. From 25 May 2018 any further incorrect use of personal data would be an offence against the new GDPR legislation, for which  companies can be fined up to €20 million, or 4% annual global turnover.

As Alan Davies will by now have no doubt his business model is entirely bogus, it is possible the courts would award large amounts if they find against him.

Happy Parking

The Parking Prankster

21 comments:

  1. Matt Murdock, Daredevil, Margaret Thatcher, your boys took a hell of a beating.

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  3. Of course in MIL Letters, “G Watson” is, of course, Emily Watson, “Paul King” is David Kemp, and “Matt Murdoch/k” was either Chris Barrett or Alan Davis, depending on who received the paperwork to forge/sign.

    This was a good result, and while it is often said that any "Blind Badger" could win an MIL case,normally by those claiming a "99% success rate" at court, this case does show how much damage can be done by an experienced advocate assisting an otherwise unrepresented client.

    PPA will be applying for the full transcript of both the Judgment, and Mr Barrett's cross-examination, which will be hosted in the usual locations.

    One correction - I have lost a single MIL case in court, making my personal record against them 94% wins.

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  4. Shirley, producing forged documents in court as evidence is perjury

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  5. An argument PPA has been making for over two years, and the BMPA for over two years before that

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  6. Hopefully, this will enable others who have spent hours dealing with the claims, to obtain costs for unreasonable behaviour.

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  7. Looks like "Lord Justice Wilkie" is back in the swing of things - good to see you back, John.

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  8. So is MIL illegally handling data?

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  9. Wish I'd known you guys were in Town. Would have been pleased to ferry you around and show you some of the local sites.....Perranporth, Fistral Beach, Tower Rd Car Park..... :-)

    Good win chaps and power to your elbow.

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    Replies
    1. With apologies, it was a long day and My colleague and I needed to get back to Glasgow.

      We have another case coming soon, drop me an email to the published company address and I'll make arrangements.

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    2. When you get the tran' send it to the FCA and ask if they are fit and proper to hold a licence.

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  10. Nice result, shame it wasn't £750 MIL.

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  11. Welcome back Parkie. Missed you

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  12. i have just got a cheque from parking awareness of blackpool for £535 who sold my details to mil collections ie the con man alan davis now i will take this man to court a real bunch on inbreds frkm cornwall thanks for this information see them in court

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  13. thanks to parking prankster i wrote to DVLA and they confirmed parking awareness had not had written confirmation to sell my data to mil collections so they had broken the 1998 data protection act didnt defend court summons sent me a cheque £500 plus £35 court fee now look out mil here i come you comic characters and con men

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  14. Me and my wife have had to defend 3 small claims court claims from mill colections they made our lives hell for about 2 years , i have stacks of witness statements signed by matt Murdock, unbelievable that they've got away with this for so long

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  15. Isn't it funny how MIL haven't mentioned either this blog, or the public press reports...

    But if someone is not paid by them, they supply banking details on their website, so freezing their accounts is easy enough with the right application.

    Just for the record, that's Natwest Bank: Sort code 60-21-37, Account No: 57090084, but you name the Nat West in general to freeze ALL their accounts, just before payday :-)

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  16. Let GDPR sort them out, hopefully MIL will breach GDPR and have the book chucked at them.

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  17. According to http://privateparkingappeals.co.uk/company-news/mil-collections-fail-to-pay-their-debts-again-instead-attack-ppa-again/ this has only just been paid, earlier today.

    I wonder if Mr George is now going to pursue Llawnroc and MIL for a Data Protection breach. If so, I have first dibs on the popcorn.

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