Notification of Instruction from ELMS Legal LTd

DWGrassman

Thanks for the advice
I’ve just received an email from EMLS advising me my case is on hold for 30 days from the 11th March 2022, so time to think about my defence. Is there any upto date guidance for my defence ?including the new laws that have come into force this year, regarding the false fees adding on and the 
maximum amount they can charge now? Or I’m still stuck with the £100?
Cheers

KeithP

DWGrassman said:

Is there any upto date guidance for my defence ?

Yes there is.

Read the sticky Announcement thread entitled 

Template defence to adapt for all parking cases where they add false admin costs - edited March 2022

jaydee121

Hi DWGrassman .   Please are there any  updates ?  I’m in a similar position with vehicle control services so would very much like to know if court day has arrived and outcome. Thanks 

Umkomaas

With a 30 day 'debt advice hold' expiring around 10 April, it's unlikely that the solicitors have got around to doing anything yet. The next step, should it materialise, will be the issue of a MCOL claim in the post. I expect @DWGrassman might be back then. 

DWGrassman

Hi everyone! Yes I’m back for the next episode  I have received the Claim Form from MCOL today, issue date 25th APRIL 2022. Amount Claimed £160 plus £85 court and legal cost. Could this rise if I lost the case in court? Or is £245 the max I would have to pay? Also would I receive a judgement order against me if lost? Which would effect my credit rating. Advice about my next would be much appreciated.

KeithP

You won't be surprised to hear that most of your questions are answered in the second post of the NEWBIES thread.

With a Claim Issue Date of 25th April, you have until Monday 16th May to file an Acknowledgment of Service. Do not file an Acknowledgment of Service before 30th April, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 30th May 2022 to file your Defence.

That's well over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

patient_dream

DWGrassman said:

Hi everyone! Yes I’m back for the next episode  I have received the Claim Form from MCOL today, issue date 25th APRIL 2022. Amount Claimed £160 plus £85 court and legal cost. Could this rise if I lost the case in court? Or is £245 the max I would have to pay? Also would I receive a judgement order against me if lost? Which would effect my credit rating. Advice about my next would be much appreciated.

AMOUNT CLAIMED = A FAKE ..... £60 FAKE ADD-ON.

Is this ELMS who issued the claim ?

You can read on here that government BANS the fake.  ELMS ARE OUT OF DATE

If you lost, you would pay the amount claimed and no more.  The judge will give a date when it should be paid.  Do that and that's it. NO EFFECT ON YOUR CREDIT

Why would you lose, it is Elms after all

I assume you know all about the fake and how it came about and you do know that Elms signed a statement of truth about the fake ...... the fake is just a fabrication from an unregulated industry and carries no weight in law
What is law, is the government BANNING the fake.
Who will the judge believe ???

DWGrassman

Thanks guys I will follow your advice. Yes it was ELMS who issued the claim on behalf of VCS. So why are ELMS still claiming the fake £60 add on? Where is this statement of truth? Is it in the public domain?

Umkomaas

Where is this statement of truth? Is it in the public domain?

Have you checked right down to the bottom of the Defence Template?

patient_dream

DWGrassman said:

Thanks guys I will follow your advice. Yes it was ELMS who issued the claim on behalf of VCS. So why are ELMS still claiming the fake £60 add on? Where is this statement of truth? Is it in the public domain?

Very good but do you know where this came from ?

The £60 add-on scam came from the MD of ZZPS and was added by the BPA in their 2018 version of the code of practice. The IPC to which VCS is a member, did the same

Is it in the public domain?
YES >>> https://parkmaven.com/news/gary-osner-zzps-interview

The MD of ZZPS is a board member of the BPA.  This is where the fake add-on scam started. This is a tangled web of deceit designed to extort money from motorists

No wonder the BPA are in desperate panic mode, their little game is over

From what we see from Elms, they are not capable of selling the fake story of fakes versus the government who have banned the practice

Maybe VCS/EXCEL/ELMS still think Judges are mugs