Notification of Instruction from ELMS Legal LTd

DWGrassman

Thanks Coupon is Para4 ok now?

4. The defendant received a letter before claim from VCS on XX/xx/xx

In the letter, there is no explanation of the contravention and the defendant having had no previous contact from VCS before in regards to the PCN this is something the defendant  is unaware of. Also The PCN which was photographed by VCS on the defendants windscreen may have not been attached properly and just fell off when the vehicle drove off. The defendant emailed VCS with regards their PCN and they replied by saying it was too late to investigate why the defendant had not received their previous correspondence and said they will be pressing on with further action against the defendant . 

Coupon-mad

Yes.  You could add in an extra paragraph after that:

This is clearly unfair and flies in the face of the best practice set out in the incoming statutory Code of Practice.  This not only reminds parking firms that the Consumer Rights Act 2015 (CRA 2015) obligation for 'consumer notices' to be prominently drawn to a consumer's attention includes more than just signage, but also letters sent by post, but it then goes further and states that where it is known that a PCN and letters were not received, the PCN must be re-issued because otherwise, the trite law tests of fairness and prominence (of letters: 'consumer notices') set out in the CRA 2015 are not met.

DWGrassman

That’s great love that coupon, so I will pop that in as para5 then renumber the rest of the template, then good to go? Unless anybody else has anything to add? 

Many Thanks

DWGrassman

Hi guys! Just an update
I emailed my defence to the court and ELMS last week,which they acknowledged.
I have received the Directions Questionaire form from the courts which needs to be sent back 17th June 2022. Today I received a letter back from VCS, which they have stated that ELMS legal are no longer acting on their behalf and all further correspondence would need to be sent their litigation Dept. Is this becoming a familiar pattern? Why are ELMS not wanting to proceed? Surely they must think there is little chance of winning against my defence? Is anyone further down the track with VCS with a similar case to mine? What do you think their next move will be?
They have offered to settle for £185 if I don’t accept they will continue to claim the full amount and bring this letter to the courts attention upon the question of costs. Just Bluffing??

Jenni_D

This is all very typical with VCS .. read some other VCS threads and you'll find that your situation is identical to 95%+ of other VCS cases.

DWGrassman

Thanks Jenni, Have ELMS actually taken any defended to court on behalf of VCS? Are maybe they are been used as a scare tactic?

Coupon-mad

No, Elms still pursue some.

DWGrassman

What do you think scares them off Coupon?

Coupon-mad

Nothing is scaring them.

VCS just take some cases back for practical purposes. They have a Legal Dept of sorts so obviously decide sometimes to handle the process from the point after service of court claim.

Or maybe in some cases, the arrangement between Elms & VCS is purely that Elms will file the claim only, then soak up (share) all the money scared people pay, pursue any default CCJs and hand back to VCS any that are defended (a minority of cases).

DWGrassman

Thanks Coupon 
Ive not heard the end of it yet then 
onto the next chapter I guess……