Notification of Instruction from ELMS Legal LTd

Coupon-mad

 So why are ELMS still claiming the fake £60 add on?

Because they can until a Judge stops them, in existing cases.  The new Code is damning but not legally retrospective.

jaydee121

Hi.  Following you as similar to my situation.  Ive just received letter from VCS saying Elms no longer acting for them and that I should correspond directly with VCS litigation department.  And offering settlement for just £195.  Not likely!  I wonder if VCS are going to get a different legal company or just sort of giving up and trying to go to court themselves without legal company?? Any ideas people?

Coupon-mad

They just carry on themselves as they have a so-called legal dept headed by a CiLex.

DWGrassman

Hi I’ve not received a letter stating ELMS are not acting on behalf of VCS, maybe I will get one after I email ELMS my defence? 

My defence has to be filed by 30th May 2022. I would appreciate if you guys could take a look at it for me and tell me
if anything needs adding or omitting. Many Thanks

IN THE COUNTY COURT

Claim No.:  xxxxxx

Between

Xxxxxxxxxxxxxxxxxxxxxx

- and -  

Xxxxxxxxxxxxxxxxxxxxxxx                        

 (Defendant)

_________________

DEFENCE

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver gave rise to a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or to form contracts in their own name at the location.

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

3. I received a letter before claim from VCS on XX/xx/xx

In the letter, there is no explanation of the contravention and having had no previous contact from VCS before in regards to the PCN this is something I am totally unaware of. Also I never received the PCN which was photographed on my windscreen which may have not been attached properly and just fell off when the vehicle drove off. I emailed VCS with regards their PCN and they replied by saying they said it was too late to investigate why I had not received their previous correspondence and said they will be pressing on with further action against me. As VCN don’t have any proof that I received their PCN I believe it should be deemed null and void due to the fact that I had not received it in my hand or at my address within 56 days of the time stated on their notice.

              Having since visited the site I found the following;

There is no signage at the entrance to the car park/ land stating the restrictions in force.

There are not sufficient signs in place around the carpark covering every parking spot  stating the restrictions that are in force.

The signs that are attached to the fencing in the car park area are not well lit in the dark and can easily be missed.

The requirements are that clear signage must be erected at all entrances to the carpark stating the restrictions in force. Therefore anybody who was driving the vehicle at the time has not entered into a contract with VCS

VCS’s Civil Parking Notice online constitutes an invoice for payment. Accordingly their invoiced charge must include an element of VAT. However, their civil parking notice does not state a breakdown of VAT, and an invoice reference number and so cannot constitute a lawfully valid demand for payment.

Having examined VCS’s parking charge notice online I believe it is a non compliant demand for payment for the following reason;

Their  notice refers to a “contravention” which is misleading for implying it to have been issued by a statutory authority.  The term "contravention" which is usable only in penalty charge notices issued by local authorities is neither correct nor appropriate terminology for a civil parking notice. 

I understand that, as a legal minimum, the Parking Charge Notice must include a prescribed set of information.  The following is not shown on your notice online and therefore it is invalid. 

I understand that a Parking Charge Notice must also include the following which is absent from the notice online you have provided and therefore it may be invalid. 

A detailed location of the vehicle within the carpark

An identifier number of the warden who issued the ticket

Any additional charges which may be levied.

I asked VCS in an email for the following information which was not provided to me.

A copy of your contract with the land owner which authorises you to act on their behalf in the management of this car parking area.

A copy of the contract which you allege I entered in to when I parked.

Photographic evidence of the actual signs in situ, together with identification of the locations around the site where these signs are currently placed. Please also confirm the date when the photographs were taken (if not evident from the photographs themselves) and whether you have made any alterations to the signage since the photograph was taken.

A copy of the full terms and conditions for use of the land where I was allegedly parked wrongly.

A copy of your certificate of membership to any trade bodies

A copy of your protocol which your enforcement and CCTV operators are required to follow. 

A copy of your standard appeal procedure and confirm whether or not it complies with the Arbitration Act 1996.

Full details of the owner of the parking area (if it is not already stated in the copy contract above) as I wish to send them a copy of my letter to you.

A copy of your protocol for handling personal data such as images of my vehicle. I assume that such data is not disclosed to any third party (other than POPLA in the event of an appeal) but please confirm this.

All correspondence between me and VCS / ELMS can be provided to the court as evidence. Also photographic evidence can be provide that there is no signage at the entrance to the carpark which warns the driver that the site is private parking only.

In my opinion VCS have made no attempt to resolve my complaints and have just sent me copies of their paper chain template letters that they must send out to thousands of other motorists trying to distort money off them.

Rest of template to follow?

KeithP

There is no place for the word 'I' in a Defence.
You will have surely noticed that everything in the Template Defence is written in the third person.

1505grandad

"A copy of the contract which you allege I entered in to when I parked."

I well leave it for the experts to comment on the contents but you are apparently stating that you were the driver.

DWGrassman

Thanks for pointing my mistakes out I knew it would need editing and I wouldn’t have no idea how to defend myself without all the help from you guys. When the judge asks me who the driver was? What should be my response? Im not really looking forward to a day in court, would I have little chance of winning if I decided not to go?

Umkomaas

When the judge asks me who the driver was? What should be my response?

The truth. 

Im not really looking forward to a day in court, would I have little chance of winning if I decided not to go?

You'd have no chance, and, should you not inform the court in advance, you leave yourself exposed to costs for unreasonable behaviour for non attendance.  The Claimant's solicitor will certainly pile in for their full pound of costs flesh - potentially hundreds. Now is definitely not the time to run and hide. 

Coupon-mad

If you know you were driving, then your defence para 2 should say so, and so should para 3, which needs to be more concise.

Just state as the defendant in para 3, briefly, any facts you do know, or (alternatively) state that you honestly have no idea nor recollection but have gone to look at the site (or you know it from local knowledge) and ...and what?...the signs are pants? Newspaper articles show that countless people have been caught here by the unfair trap? Whatever you have been able to ascertain.

DWGrassman

Thankyou for your comments.
With regards to who the driver was at the time, this is not known. As the PCN was not brought to my attention until a few weeks afterwards and somebody else has access to the vehicle which could have been them driving that day. My vehicle is parked in that area once a week for an hour due to my son having football practice at the site next door. The Vehicle has been parked in the car park before when there is no room at the site next door to park, but as my photos prove there is no signage at the front/ entrance to the carpark where the vehicle is normally parked. I visited the carpark after been made aware of the PCN, i didnt notice any signs until deeper into the carpark.

Should I put the above in para3 or is it too much information? Thanks