ELMS Legal - Letter Before Claim threating court

StopMakingPoorPeoplePay

Hellllloooo kind helpers of the debt world

In 01/2020 I received a PCN/NTK from VCS regarding a charge of £100 for stopping to pickup/drop off in a restricted zone.  I have proof that I used the correct zone as I have receipt of payment.  There are 3 pictures of my van attached to this letter however no proof of anyone entering the vehicle (as they didn't).  I ignored as I did not believe the charge to be correct and I received 3 additional follow up letters from VCS demanding payment which were also ignored.
In 10/2020 I received a 'Letter Before Claim' from ELMS Legal.  It includes a mention of para 13-16 of the PD on Pre-Action Conduct and Protocols.  It states how much they want me to pay and that apparently I breached terms and conditions but does not give specifics around this.  Included is a table breaking down figures e.g. principle debt. estimated interest...
I responded with a basic letter (similar to template 1st template on https://forums.moneysavingexpert.com/discussion/4754020/parking-letter-before-county-court-claim-lbccc-fight-back-guidance-thread/p1).  I received a response saying that case was on hold for 30 days for my response and they asked me which parts of the Letter Before Claim does not apply.  I responded with my own version of the next template, clearly outlining why they don't meet PD going through points in annex A para 2 going point by point stating whether I accept or not and reasons why.  I have received a response which has now made clear that they are a debt recovery company.  They say that Annex A para 2 does not relate to them as it is not in relation to debt claims.  They claim to have met all requirements in the Pre-Action Protocol for Debt Claims which I do not believe is true; they have not sent me documents which they plan to use against me in court, nor full details of the claim nor possibility of ADR.  I have 30 days to respond (until 07/01/2020) but I am not sure how to respond.  I was thinking of refusing the debt again and explaining how they haven't met the 'Pre-Action Protocol for Debt Claims' and explaining further contact from them would be counted as harassment but I am unsure if this is the correct route to go. 

Please give me some guidance, any would be extremely helpful.   

P.S. This company seems to be especially slimy as they have also sent my mum an email regarding an outstanding debt to an energy company however this cannot be true as the energy bill is in my name!  for now we have ignored this email but I'm sure I will be asking for your advice on this soon.

Umkomaas

I received a PCN/NTK from VCS regarding a charge of £100 for stopping to pickup/drop off in a restricted zone.

Exactly where was this?  Have you performed a forum search on that location - there's hardly any 'no stopping' location that hasn't been covered previously here. Someone is bound to know it. 

As you've received what seems to be a formal LBC, please follow the advice in the NEWBIES FAQ sticky, second post, in particular getting off a SAR to VCS as an immediate step.

Fruitcake

If you have received a LBC and have responded, the next thing you can expect is a LoC.

The thread you quoted is seven years old and a bit out of date.

The advice to ignore a PCN has not been given here since the law changed in 2012.

What happened when you complained to he landowner?

Where did the alleged event occur?

Start by reading the guide to court written by bargepole you will find in the second post of the NEWBIES.

StopMakingPoorPeoplePay

What is a Loc?

I will refer back to the Newbie post and start request for SAR.

Location was Bristol Airport.

I have not complained to the land owner.  Should I?  And If so how should I go about this?

Umkomaas

You definitely haven't done any forum searches based on Bristol Airport as it will have thrown up a very recent case (last week) where VCS were operating (albeit within the airport boundaries) outside of their contracted zone. The maps included in that thread were critical. Check the thread out and read how this can be done. 

LoC - Letter of Claim. 

beamerguy

I received a 'Letter Before Claim' from ELMS Legal.

These are "kissing cousins" of VCS, THEIR CLAIMS ARE VERY WEAK

To start with, you must reply to an LBA.  You reply by denying any debt and as they will have added a fake £60, you ask them what is their legal authority to add this amount.
There is no legal authority and this is when the game of bluff starts.
If they bother to reply, it will be full of rubbish, perfect for a judge to read and if they don't reply, you have letter from you to show a judge.

Elms get spanked by the courts and VCS get spanked at the same time

DO READ THIS
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

Ralph-y

some more reading

direct link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

Ralph

StopMakingPoorPeoplePay

Great, you guys are awesome, will check this stuff out later tonight.  Do I just keep this thread alive if I have more questions?

Coupon-mad

Yes.  Best to read all the zillions of other VCS Airport threads first as well as the NEWBIES thread. 

We've seen Defendants win recently v VCS about Airports - don't just read about Bristol Airport because the cases are all the same and good research for you.  But you have to familiarise yourself with the fact VCS will throw VCS v Ward at the case (a person stopped for 4 seconds...and lost in court at appeal stage when the VCS rep managed to convince a Circuit Judge, somehow, that the Beavis case was not dissimilar!).

Fruitcake

This is ginger_bread_man's thread about Bristol airport including maps of the area where they are contracted to scam. Have a look to see if your car was on or off the red line. He beat the scammers at his court hearing.

Vehicle Control Services, No stopping in a queue... — MoneySavingExpert Forum

Here's another poster who won.

VCS No Stopping at Bristol Airport - Witness Statement — MoneySavingExpert Forum

Whilst these were both stopping claims, the principle is the same. The car was not in an area controlled by the scammers in both cases.

As for abbreviations and acronyms, there is a list of the commonly used ones in the fifth post of the NEWBIES that asks people to read it first. Print it off or write it out as it will save you having to ask, and save us from having to respond to questions already pre-answered in the NEWBIES.

StopMakingPoorPeoplePay

Umkomaas said:

You definitely haven't done any forum searches based on Bristol Airport as it will have thrown up a very recent case (last week) where VCS were operating (albeit within the airport boundaries) outside of their contracted zone. The maps included in that thread were critical. Check the thread out and read how this can be done. 

LoC - Letter of Claim. 

I'm new to this, can barely navigate around the forum but am slowly working it out with the help of you lot