Notice to Keeper from PPS

PPSLayer

Hello all!
Didn't want to make a new thread for this as it's related here and can be simply solved.
I had a letter come from ELMS Legal from breaching conditions from Apr. 2017!!!!
The 'breach' in question was completely false. Another car was using my plates and the photos I have from the front of my car vs the car they showed as evidence were completely different although same model/make.
I appealed instantly as well and went to the police to inform them that someone is using my plates. They never responded. Up until now.
They sent a LETTER BEFORE CLAIM claiming if I didn't respond within 30 days they'll move to court.
Firstly)
Is this even legal??? Surely, they have some sort of window because what the hell?
Can I counter-sue for harassment or anything because this has genuinely made me mad?!

I assume the procedure is the same, send 1 SAR and 1 holding letter to the respective companies, right?

Thank you!

nosferatu1001

2017 is fine. They have 6 years. 
Yep, you can sue them as clearly it isnt your car, and you have proof of such. £900 would be a good sum - they lost cause to process your data once you proved it was a cloned car, and the harassment which WOULD inc filing a claim that MUST fail - it never had any hope of success - and so in your response to the LBC state you will do so, should they be foolish enough to file a claim! Inform them they have this one time, never to be repeated, offer of a drop hands, if they confirm so within 7 days of this response. If they proceed to a claim, you will counterclaim., and yuou will not accept a drop hands at that point
WHy a holding letter to Elms? Go on the bloody attack! 
Similarly to the PPC, send a SAR AND instruct them to cease and desist their harassment

Redx

They can do whatever they like , it's not illegal , just immoral 

Getting it past a judge is a different matter altogether !!

As well as doing the standard replies , add in those facts and also issue an LBC of your own into those replies , warning them of a counter claim for misuse of data and for harassment etc .. fight fire with fire , but pre warn them so they cannot say that you did not tell them

PPSLayer

nosferatu1001 said:

2017 is fine. They have 6 years. 
Yep, you can sue them as clearly it isnt your car, and you have proof of such. £900 would be a good sum - they lost cause to process your data once you proved it was a cloned car, and the harassment which WOULD inc filing a claim that MUST fail - it never had any hope of success - and so in your response to the LBC state you will do so, should they be foolish enough to file a claim! Inform them they have this one time, never to be repeated, offer of a drop hands, if they confirm so within 7 days of this response. If they proceed to a claim, you will counterclaim., and yuou will not accept a drop hands at that point
WHy a holding letter to Elms? Go on the bloody attack! 
Similarly to the PPC, send a SAR AND instruct them to cease and desist their harassment

6 years!! That's criminal, they can claim all-sorts 6 years later and people would pay out of fear. That's a joke.
So I'll send them both (Vehicle Control Services and ELMS) a SAR and a notice to counter-sue if they proceed?

PPSLayer

Redx said:

They can do whatever they like , it's not illegal , just immoral 

Getting it past a judge is a different matter altogether !!

As well as doing the standard replies , add in those facts and also issue an LBC of your own into those replies , warning them of a counter claim for misuse of data and for harassment etc .. fight fire with fire , but pre warn them so they cannot say that you did not tell them

Okay, so would it be okay to send the same letter to both? 

nosferatu1001

No, SAR to the PPC. Elms have nothing of use
You send a response to the LBC which denies debt etc , reiterates this was not your vehicle and that you will counter claim if they proceed to a court claim
Show us your draft. 30 minutes work

PPSLayer

nosferatu1001 said:

No, SAR to the PPC. Elms have nothing of use
You send a response to the LBC which denies debt etc , reiterates this was not your vehicle and that you will counter claim if they proceed to a court claim
Show us your draft. 30 minutes work

I was under the impression that the response in regards to denying debt was sent to the firm's lawyers as I did above for PPS?

I thought I'd send them both a letter so they both put the case on pause? But here is the draft anyway:

To Whom It May Concern,

 I'm emailing as the registered keeper in regards to Parking Charge Reference (PCR): -------- 

First and foremost, I deny any and all debt.

I am requesting:

1. ALL photos that were taken in regards to the PCR
2. ALL letters/emails sent and received including any appeal correspondence made prior
3. As the car park was Pay and Display, I am requesting a PDT machine record from that day, payments made on the PDT machine
4. ALL data held, any and all evidence that you will rely on and a full copy of the NTK
5. A list of all PCRs outstanding for the VRN mentioned in the PCR and please note that any claim must be for all PCRs and not several separate claims.

As appealed prior, the car in question was not the car that I was the registered keeper of! I had sent photo evidence to prove this and heard no response which I took to be your acceptance of my appeal.
As it has been proven that the car and charge aren't related to me, I consider any further action as harassment as well as misusing my data and will be looking to counterclaim.

Thanks and Best Regards,

What'd you guys think?

PPSLayer

PPSLayer said:

nosferatu1001 said:

No, SAR to the PPC. Elms have nothing of use
You send a response to the LBC which denies debt etc , reiterates this was not your vehicle and that you will counter claim if they proceed to a court claim
Show us your draft. 30 minutes work

I was under the impression that the response in regards to denying debt was sent to the firm's lawyers as I did above for PPS?

I thought I'd send them both a letter so they both put the case on pause? But here is the draft anyway:

To Whom It May Concern,

 I'm emailing as the registered keeper in regards to Parking Charge Reference (PCR): -------- 

First and foremost, I deny any and all debt.

I am requesting:

1. ALL photos that were taken in regards to the PCR
2. ALL letters/emails sent and received including any appeal correspondence made prior
3. As the car park was Pay and Display, I am requesting a PDT machine record from that day, payments made on the PDT machine
4. ALL data held, any and all evidence that you will rely on and a full copy of the NTK
5. A list of all PCRs outstanding for the VRN mentioned in the PCR and please note that any claim must be for all PCRs and not several separate claims.

As appealed prior, the car in question was not the car that I was the registered keeper of! I had sent photo evidence to prove this and heard no response which I took to be your acceptance of my appeal.
As it has been proven that the car and charge aren't related to me, I consider any further action as harassment as well as misusing my data and will be looking to counterclaim.

Thanks and Best Regards,

What'd you guys think?

Forgot to add "Please confirm receipt within 7 days of this email!"

PPSLayer

Also, in regards to the PPS claim I have.
I have received their SAR and everything.
If I'm correct, my next steps would be to create a defence.
Does this mean that after sending the SAR and Holding Letter and letting the 30 days go by, I just wait until they actually issue a claim?
Thank you!

KeithP

Replace To Whom It May Concern with Dear Sirs.
Replace Thanks and Best Regards with Yours faithfully.
This somebody about to sue you and your are offering them your best regards?


You start by saying " I'm emailing as the registered keeper...", but later state "the car in question was not the car that I was the registered keeper of".

Clarity and unambiguity are important.