ELMS Legal (letter before claim)

Si_dean_2

Yes its old because i sent it years ago.

what would you suggest i send them instead ?

Coupon-mad

Not much, as the NEWBIES thread advises in the section about LBC stage.  However it's a good chance to state your defence position as the Judge will expect both parties to engage and narrow the issues.

Si_dean_2

You say judge will expect both parties to engage and narrow the issue, but this is if the issue where to go to court, but i thought the upshot here is that it wont come to that ?

when you say state my position, do you mean i do write to ELMS?
if im not to use all or even some of the content  of what I  previously sent then just need to clarify on what i need to write to them saying?

the newbies thread does indeed give pointers about the LBC stage however in this scenario where I've already wrote to the other company which did (for a small period) stop any further communication for a few years, im not sure about what exactly stating my defence entails here?

Coupon-mad

You state why you don't consider the PCN to have been fairly issued and what your defence is. The Judge (later) will expect to see these communications to show you acted reasonably.

Nothing will stop the inevitable claim.  IT WILL COME TO THAT.

Si_dean_2

So with this in mind, you are saying i WILL have to go to court for this?

Coupon-mad

Getting a claim ends with the ultimate fair appeal (by phone, not likely to be at court), where VCS often bow out and discontinue before the phone call hearing.

You need to read some VCS and Excel claim threads. 99% of people here win.

Si_dean_2

Not surprised, you just threw me when you mentioned the word “judge” thats all.
there are many post in the newbies thread but when you click on what to have a look at info / template to use they then seem to take you round the houses about something none related.

one thing i have found from the newbies thread is a draft put in there to appeal against which ive pasted below and adapted

————————————

 Re PCN number: xxxxxxx

I dispute your 'parking charge notice', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. 

You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.
******** now At this point as ive already challenged the photos they have already sent me along with the fact there is still no clear evidence of a contract with the land owners etc (as per copy of letters earlier) i could change this paragraph to reflect this.

Then send that to ELMS legal ?

Coupon-mad

You are reading the wrong part.
You are long past appeal stage.

There is a Judge at court claim stage which may come next. We see off almost every case and we can help at every stage.