ELMS Legal - Letter Before Claim threating court

StopMakingPoorPeoplePay

I have queried the £60 charge to which they have responded that they can do this in line with IPC.
I have also requested a SAR from VCS requested the SAR on 16th Dec.  I received a response from them the next day saying they have forwarded to correct department and not heard anything since. I emailed ELMS today letting them know I have requested a SAR and not received asking to put case on hold for 30 days.

Once I've received the SAR is the next step court?

Ralph-y

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

Ralph

Umkomaas

I emailed ELMS today letting them know I have requested a SAR and not received asking to put case on hold for 30 days.

Did you tell them you were seeking debt advice?  If you didn't, they won't put anything on hold. 

Once I've received the SAR is the next step court?

Not necessarily, depends what VCS/ELMS do next. 

beamerguy

StopMakingPoorPeoplePay said:

I have queried the £60 charge to which they have responded that they can do this in line with IPC.
I have also requested a SAR from VCS requested the SAR on 16th Dec.  I received a response from them the next day saying they have forwarded to correct department and not heard anything since. I emailed ELMS today letting them know I have requested a SAR and not received asking to put case on hold for 30 days.

Once I've received the SAR is the next step court?

VCS and ELMS are kissing cousins and not a very good match

Elms are totally misguided even thinking that the scam IPC code of practice has anything to do with the motorist.  Fools that they do ?
You see, VCS contract with the IPC to obtain your info from the DVLA. The code of practice is only applicable to the PPC and does not and cannot form a contract with you, unless of course you are a member of the IPC, WHICH YOU ARE NOT and you would not enter into a contract with a scammer.  VCS however do.  

They fall foul of the famous Beavis case, POFA2012 and the courts own double recovery rules

So, we can establish that Elms are talking rubbish and you can see how this pans out in the courts

A LOT OF GOOD READING FOR YOU whilst chilling over covid
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

PS: You will also see EXCEL who are a sister company of VCS .... SAME OWNER, SAME FAKE £60 ADD-ON

Redx

StopMakingPoorPeoplePay said:

I have queried the £60 charge to which they have responded that they can do this in line with IPC.
I have also requested a SAR from VCS requested the SAR on 16th Dec.  I received a response from them the next day saying they have forwarded to correct department and not heard anything since. I emailed ELMS today letting them know I have requested a SAR and not received asking to put case on hold for 30 days.

Once I've received the SAR is the next step court?

Your SAR gave 30 days to comply from the 16th December , so come back after 13th January 2021 unless a court claim pack from the CCBC in Northampton arrives ! , Meaning 2 weeks over the Xmas period is no time at all

StopMakingPoorPeoplePay

Received SAR from EXCEL (guessing part of VCS?) on 11th January.  It included letters they had sent me and photos they had.  I believe ELMS have put case on hold until 29th January and yes I did state I was seeking legal advice.  Do I now just wait for ELMS to contact and see if they proceed with court?

I realised back in March 2020 I (accidently and naively) ignored a LBC from VCS.  They then handed the case over to ELMS which is the company I'm dealing with now.  I ignored their letters until their LBC.  I doubt there is much I can do about that now but just to give you more history to the case.

I have looked at other threads and am starting to get an idea of how to put together my defense.  I have seen some have included photos of signage however I am fairly confident Bristol Airport have amended their signage since.  Any advice on this? I also have a witness who can confirm I did not drop off/pick up in a restricted zone however she is not in the country.  Is it worth them writing a witness statement?  If so where would they need to send this?  I have acquired a receipt from Bristol Airport proving I used their express pick up/drop off parking area that day which I will include.  Is it worth challenging that I have received a PCN for a matter unrelated to parking (definitions of stopping and parking are different)?  I will continue with the route of abuse of process.  Any other advice?  I'm still looking at other cases but have been through the links you have shared with me and they have been extremely helpful and informative, so thank you for that!

D_P_Dance

Have you complained to your MP.

beamerguy

So Excel answered your SAR when you sent it to VCS ??
These are two different entities and that now presents a data breach even though they might share a bed with each other

Who are Elms representing ...... do they know ?

nosferatu1001

Excel is one company, VCS another. They must not share data. DPA Breach.

Yes, you use the docs you've got to make sure you know how you will write your para 2 and 3, you could even do it now. SHould take 20 minutes at most. THat way if and when a court claim form turns up you arent under ANY pressure. 

Ralph-y

some reading for you

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

and  

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph