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Letter before claim ELMS Legal

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  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 August 2020 at 4:27PM
    A complain to the landowner should always be plan A, and it is never too late to do so.
    Do contact the planning department as well, as that will add weight to your complaint if the original planning approval for the site stated three hours. If that has happened them complaints to the council planning department and landowner should be made about a breach of planning order.
    This will keep on happening if nobody ever does anything about it.

    As for ignoring a PCN, that has not been advised here since the law changed in 2012.
    I married my cousin. I had to...
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  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
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    edited 12 August 2020 at 6:14PM
    They have up to six years to make a claim and this company have been known to let claims go dormant for a while and then resurrect them.

    I don't think that you will cut any ice with the car park. Excel and VCS (same directors) are likely to pursue this through the courts. You may have some luck with the landowner it's worth a try.

    It is possible that if your mother does not want to attend court you could ask for the case to be heard on papers only. It's not recommended on this forum but it's better to put in a defence and a WS and have it heard on papers than ignore it.

    I would also point out for the benefit of yourself and other posters that the interest calculation is greatly overstated. Five months interest on £160.00 (of which £60.00) is a fake add on works out at about £5.00.  

    Nolite te bast--des carborundorum.
  • Umkomaas
    Umkomaas Posts: 43,420 Forumite
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    Olive_j said:
    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. 
    Who are 'they'?  Don't fall asleep on this particular case, they have 6 years to pursue, and at the moment all PPCs are suffering COVID impoverishment!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
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    edited 12 August 2020 at 6:39PM
    Did your mum keep any of the letters from the collection agents? If so were they DRP or Zenith?  There has been quite a lot of success against VCS  and Excel (same directors) on this forum but there is no guarantee. 

    Nolite te bast--des carborundorum.
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