Printfriendly

Thursday 6 October 2016

MIL chicken out of court. The curious case of the disappearing claim

MIL v X, Warrington 4/10/2016

Back in June, MIL had a hearing in Warrington where the hearing was adjourned and MIL's witness, Alan Davis, ordered to attend court and explain why.

1) He hadn't made it to court that day, despite making it to ParkEX the previous week.
2) Who Matt Murdoch/k was, and why his signatures changed more often than a Formula 1 tyre.

This was previously reported by the Prankster at
http://parking-prankster.blogspot.co.uk/2016/06/alan-davies-from-mil-colle
ctions-flunks.html


On Tuesday 4 October, this matter was due to return to court.

MIL Collections filed a Discontinuance to the court electronically on 28 September (less than the seven days required) and didn't sent it to the Defendant until the weekend - it arrived with her on Monday. As a result when Mrs X and Mr Wilkie walked into court on the day, the judge agreed that MIL's conduct was entirely unreasonable, and the defendant was awarded Ł199 to be paid within 14 days.

Prankster's Note

This is yet another discontinued claim from MIL where their evidence is "spectacularly deficient" and they failed to send an advocate, despite their claims in Parking News that "we always send an advocate to hearings" and their claims in court that "any advocate that attends on MIL's behalf is fully compliant with the requirements set out in the Legal Services Act 2007"

Alan Davis has now discontinued three claims known to the Prankster where he has either been ordered to attend personally, or has been ordered to cause Matt Murdoch/k to appear. As most courts do not have IMAX or Cinema facilities, it seems unlikely that Murdoch/k will ever appear before a Judge.

In the meantime, Mr Wilkie now has 12 consecutive wins against MIL, while Mr Bargepole also has no losses to date. Anyone with an MIL claim is recommended to notify MIL at the earliest opportunity that they will be asking Mr Wilkie or Mr Bargepole to represent them at any hearing. Mr Wilkie will attend any court in the country provided that he is available and his travelling costs are covered.

Happy Parking

The Parking Prankster

11 comments:

  1. Anyone got any money out of them yet ?

    ReplyDelete
  2. Anyone got any money out of them yet ?

    ReplyDelete
  3. Is the judge within his power to ignore the request for Discontinuance and demand that Davis and "Murdoch" attend him in session?

    ReplyDelete
  4. Perhaps the only way this sort of thing would be to mount a claim against them for damages due to harassment or some such. Ask for the attendance of the claimant and the "witnesses" so they can be questioned on the way they have mis-handled it all.

    ReplyDelete
  5. Someone has an FOI request in with the DVLA about their releasing details to MIL - answer due 21 October.

    https://www.whatdotheyknow.com/request/permission_to_disclose_data_to_m?utm_campaign=alaveteli-experiments-87&utm_content=sidebar_similar_requests&utm_medium=link&utm_source=whatdotheyknow

    ReplyDelete
  6. I have no idea whether a judge has the power Peter O is suggesting. Isn't it about time MIL was declared a vexatious litigant? This would prevent the filing of any claims whatsoever without the express permission of a judge which hopefully would not be granted.

    ReplyDelete
  7. I have no idea whether a judge has the power Peter O is suggesting. Isn't it about time MIL was declared a vexatious litigant? This would prevent the filing of any claims whatsoever without the express permission of a judge which hopefully would not be granted.

    ReplyDelete
  8. It is very clear the county courts are more than happy to continue with such obvious missuse of the courts , I can't help to wonder if they are on a bonus system for cases dealt with ?

    ReplyDelete
  9. It is very clear the county courts are more than happy to continue with such obvious missuse of the courts , I can't help to wonder if they are on a bonus system for cases dealt with ?

    ReplyDelete
  10. @Peter O, bit late but there is power to set aside a discontinuance which is usually made by application - see CPR 38.4

    ReplyDelete