Letter before claim ELMS Legal

Olive_j

My mum received a parking fine from vehicle controls services ltd as she stayed on in a carpark for over two hours. The carpark had just changed from a three hour use and she hadn’t noticed. She has ignored their letters but has now recieved a letter from ELMS Legal on behalf of Vehicle Control Services for £160. Does she need to pay this? Is it likely it will be taken to court? My mum obviously doesn’t want to get a CCJ but i don’t want her to have to pay £160 if it is unnecessary. Many thanks in advance. 

KeithP

It is now time for your mum to read the NEWBIES thread. Probably starting with the second post.

Redx

No she does not NEED to pay this

Yes it's likely to go to a court claim

If she does get a CCJ she should pay it IN FULL within one month so that it is expunged and no problems with her credit rating

Read the newbies FAQ sticky thread near the top of the forum

Fruitcake

In addition to the above, check with the local planning office to see if there was a maximum parking time limit when planning permission was granted for the car park. This wouldn't be the first time that a parking scammer has arbitrarily reduced the parking time in breach of the original planning approval.

What happened when the vehicle keeper complained to the landowner?

Has the keeper complained to their MP yet about his unregulated scam?

beamerguy

now received a letter from ELMS Legal on behalf of Vehicle Control Services for £160.

VCS and ELMS still have not learned the lesson of faking ???

The added £60 IS FAKE AND UNLAWFUL.   VCS know this and they think the courts are mugs.
IT'S CALLED ABUSE OF PROCESS.

See what happens to these fakers in the courts ..... VCS INCLUDED
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

You say this is a LETTER BEFORE CLAIM ?   Does it give you 30 days to respond and provide proof

Olive_j

The letter sounds ridiculous to me. It says to make payment within 30 days. No my mum hasn’t written to the land owner or an MP and she won’t be doing so. She will either ignore it or pay it. If it did go to a CCJ would it be a much higher fee to pay off? 

Here’s the letter:

KeithP

Olive_j said:

The letter sounds ridiculous to me. It says to make payment within 30 days. No my mum hasn’t written to the land owner or an MP and she won’t be doing so. She will either ignore it or pay it. If it did go to a CCJ would it be a much higher fee to pay off? 

Does your mother understand that complaining to the landowner is often the simplest, and cheapest, way of getting rid of these annoyances?

Does your mother understand that complaining to her MP is probably the only way of getting rid of this entire unregulated industry?

You are asking on the wrong forum if your only options are "ignore it or pay it".

Good luck to your mother whatever you decide.

Umkomaas

If it did go to a CCJ would it be a much higher fee to pay off? 

It would be around £175-£200 total. Ignore the fantasy Monopoly money they are trying to squeeze out of her via their letters. 

But - it's not a question of sitting and doing nothing then rocking up in court on the day, rant in hand.  There's lots of work to do leading up to a court hearing, and if you drop the ball anywhere along the line, VCS/Elms will pile in and will be awarded the full amount (currently showing at £272). There's no easy 'out'. 

Fruitcake

If this is not defended and goes to court, the defendant will have to pay whatever has been claimed. If that is not paid within thirty days then a CCJ will be issued. If that is not paid then a court order will be raised to obtain monies or seize goods.

If the case is defended properly, but the defendant loses, it will cost about £175 - £200.

If the case is properly defended and the defendant wins, they could get up to £95 in their favour.

Even if someone helps the defendant and acts as a lay rep, the defendant will still have to appear in court. However, I don't see how anyone on this forum can help if the defendant is unwilling to do anything themselves.

This is a self help forum. Nobody here is going to give up their time for free if the victim isn't going to help themselves.

Olive_j

KeithP said:

Olive_j said:

The letter sounds ridiculous to me. It says to make payment within 30 days. No my mum hasn’t written to the land owner or an MP and she won’t be doing so. She will either ignore it or pay it. If it did go to a CCJ would it be a much higher fee to pay off? 

Does your mother understand that complaining to the landowner is often the simplest, and cheapest, way of getting rid of these annoyances?

Does your mother understand that complaining to her MP is probably the only way of getting rid of this entire unregulated industry?

You are asking on the wrong forum if your only options are "ignore it or pay it".

Good luck to your mother whatever you decide.

My mother isn’t currently in a fit state to be dealing with the pressures of a court letter and all that goes with it thanks Keith. Ignoring or paying are therefore the easiest options so that’s what we will need to go with. 

Olive_j

Fruitcake said:

If this is not defended and goes to court, the defendant will have to pay whatever has been claimed. If that is not paid within thirty days then a CCJ will be issued. If that is not paid then a court order will be raised to obtain monies or seize goods.

If the case is defended properly, but the defendant loses, it will cost about £175 - £200.

If the case is properly defended and the defendant wins, they could get up to £95 in their favour.

Even if someone helps the defendant and acts as a lay rep, the defendant will still have to appear in court. However, I don't see how anyone on this forum can help if the defendant is unwilling to do anything themselves.

This is a self help forum. Nobody here is going to give up their time for free if the victim isn't going to help themselves.

Would it be too late to email the car park? My mum parked two days after the change from 3 to 2 hours. She ignored the letters as I had told her to, after doing the same thing not long ago. After the threatening letter before court letter, they simply stopped.