Received Notification Of Instruction from Elms Legal - what now? Please help!

pomegranate45

Jenni_D said:

Have you read anything you've been advised to read? Have you looked at the 12 steps mentioned in the Template Defence thread? (You can't have else you wouldn't have tried to enter your defence on MCOL).

Thanks for all the help and advice, I couldn't have done it without you.

Jenni_D

Genuine feedback? Or did you forget the Sarcasm Meter?

BelladonnaTook

pomegranate45 said:

Johnersh said:

Some presumptions here. 

You can avoid naming the driver and ask them to prove it, that's fair game. But that will unravel in a hearing if it got there, simply because you'll be asked directly.

Factually, isn't there a case to say the signs and markings aren't that clear if it took you a week to work out where you were supposed to be? 

I see what you mean about the signs and markings. What happened was the driver noticed a sign within the gym itself (a week or two later) stating not to use the carparks outside; that the carpark for the gym was round the other side of the building with a different entrance/exit. 

The driver could still use it as a defence and just be completely honest - 'the driver presumed the car park was for the use of gym-goers as it is situated directly outside the gym', but that would be essentially admitting fault which could leave the driver open to more tickets from the other occasions.

At this point I'm leaning towards the main defence being the POFA non-compliance without making any comment on who the driver was/wasn't/could've been, let them take it to a hearing if need by, and let them ask who was driving.

Or should the driver take the chance and be completely honest?

What do you think?

If you've parked in a permit-only spot without realising that it is permit-only, the signage is clearly inadequate.
A warning sign inside (or even right outside) the gym is not enough either because the ANPR has already captured your number plate and VCS don't allow grace periods for the permit holder car parks at this site.
So if you see a warning sign at the gym entrance , turn round and drive back out to find the 'free' car park entrance, its too late. They've already trapped you. The signage on the approach to the site is also inadequate and confusing.
And just to confuse things even more, the gym has a 'forbidding' sign on one of its walls.

KeithP

pomegranate45 said:

Yes, and it looks like you need to read the rest of that template Defence again to discover that every point in there is relevant.

Hi, I've just attempted to post my defence on the money claim online portal but there is a maximum 122 lines so only half of the templated defence fits.

Do you have any idea what I need to do?

On 14 April at 4:02PM on your very own thread I wrote...

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'.

In that same post I wrote...

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread...

Notice the words by email in there?

BelladonnaTook

If you are still around, pomegranate45 - I now have a copy of the alleged VCS - Landowner authority contract and it may benefit your case, so stick around - don't pay  up. This one is worth fighting.

Le_Kirk

@pomegranate45 was last active 26th May, so likely is still around on the forum, suggest you send a PM, use the envelope symbol top right of the page.