Flora St Sheffield Restricted Area - VCS / Elms Legal Defence

D_P_Dance

WRT DCA's  chsrges, read this and complain to your MP

https://forums.moneysavingexpert.com/discussion/6108153/template-defence-to-adapt-for-all-parking-cases-where-they-add-false-admin-costs-edited-march-2022/p1

Elaine_43

D_P_Dance said:

WRT DCA's  chsrges, read this and complain to your MP

https://forums.moneysavingexpert.com/discussion/6108153/template-defence-to-adapt-for-all-parking-cases-where-they-add-false-admin-costs-edited-march-2022/p1

Thanks, I have already sent a complaint email.

Elaine_43

Just received a letter from VCS stating that "Elms Legal are no longer acting on our behalf". On their notice of change of legal representative, they have not stated who is their new representative, just that all documents need to be sent directly to them.

I have forwarded my Defence as well as filled in N180 form to them by email.

I have also received an offer of settlement charge of £185. Which I will not accept.

Just wanted to share this information, in case it is useful.

Le_Kirk

Yes, this is happening a lot these days.  Did you send the N180 to the CCBC as well?

Elaine_43

Le_Kirk said:

Yes, this is happening a lot these days.  Did you send the N180 to the CCBC as well?

Yes I did, the same way as Defence: emailed to CCBC and cc'd ELMs Legals two days before deadline on working days and at working hour. Got reply from both recipients that email is received. Therefore now, just forwarded that email to VCS. In case they say that ELMS have not passed on my data or something like that.

Elaine_43

Dear all,

I have drafted a witness statement that I would like to be reviewed please.

The deadline for submitting it is end of September with telephone hearing scheduled for Dec.

https://www.dropbox.com/s/mhtd3pcez0fjgr0/Witness statement_v1.pdf?dl=0

In a meanwhile, I have filled in and sent bak N159 response ( not agreeing to the claim to be dealt with on the papers alone ). The form was emailed to local court as well as litigation team.

Total amount that VCS is trying to claim stands at £245 and is made of:

£100 - original fee
£60 - Debt recovery
£35 - Court Fee
£50 - Legal representative's costs
£245 - Total amount

Thank you in advance!

Coupon-mad

That's good.  Can you add an exhibit as proof where you worked in 2018?

Because there is no say you can possibly know as fact where your car was parked three years before you heard about the event, I'd start point 5:

'It appears from the Claimant's photographs that...'

Point 10 misspells ANPR.

Do any of the photos show a RED packet on the windscreen that says 'this is not a PCN'? If so, you need VCS v Adam Bryzynski (not sure of spelling) which is a court transcript kicking around this forum from a previous year, about those false red 'not a PCN' documents, that would help your case that you can't be held liable.

Even if none of the SAR photos show a dodgy 'PCN' thingy or 'privacy notice' you will need as exhibits:

- the POFA Schedule 4

- Excel v Smith (appeal)

- Excel v Lamoureux

Search the forum for @Lamilad (ALWAYS change the default on the right to 'newest' NOT 'best match') to find a reply I wrote to someone just yesterday, who is already ahead of you in writing some WS wording about Smith & Lamoureux exhibits. 

Elaine_43

Coupon-mad said:

That's good.  Can you add an exhibit as proof where you worked in 2018?

Because there is no say you can possibly know as fact where your car was parked three years before you heard about the event, I'd start point 5:

'It appears from the Claimant's photographs that...'

Point 10 misspells ANPR.

Do any of the photos show a RED packet on the windscreen that says 'this is not a PCN'? If so, you need VCS v Adam Bryzynski (not sure of spelling) which is a court transcript kicking around this forum from a previous year, about those false red 'not a PCN' documents, that would help your case that you can't be held liable.

Even if none of the SAR photos show a dodgy 'PCN' thingy or 'privacy notice' you will need as exhibits:

- the POFA Schedule 4

- Excel v Smith (appeal)

- Excel v Lamoureux

Search the forum for @Lamilad (ALWAYS change the default on the right to 'newest' NOT 'best match') to find a reply I wrote to someone just yesterday, who is already ahead of you in writing some WS wording about Smith & Lamoureux exhibits. 

Thanks a lot will have a look and include.

In regards to proving I was at work: I can try to find Dec month schedule where any holidays or days off work would be visible. I can also show an email I sent 1 hr later to another colleague. Other than that I am not sure how else I can prove it to be honest. As I work in the office doing emails, phone calls and meetings. At that particular time I did receive some emails, but don't know how to transcript showing that I read them at that time.

Elaine_43

As per Coupon-mad suggestion I have included:

-  the POFA Schedule 4

- Excel v Smith (appeal)

- Excel v Lamoureux

- VCS vs Burzynski

 I was just about to share the amended witness statement, when today I got a notice of discontinuance ( all claim )!

Thank you very much for all your help / support / guidance. I believe this happened only due to help received on this forum.

Again, your work is invaluable and very much appreciated.

Timing wise: two weeks ago received a letter from VCS stating that they believe they have got strong case against me, therefore giving me an opportunity to settle at just £195 ( original £245  ). Witness statement had to be sent by 23rd Sep, telephone hearing was dated 1st Dec. Notice of discontinuance received today.

Coupon-mad

Very good news! Discontinuance = a win.

ANOTHER VCS ONE BITES THE DUST!

Well done for winning.  And...

...please don't leave us yet!

We need you - as a genuine PPC victim of aggression, sharp practice and an 'extortion' attempt to add £70 - to respond robustly to the Public Consultation on the level of parking charges and banning of the false added DRA 'fee' that too many honest motorists currently fall victim to.

It will need consumer input (powerful voices) but change is afoot. It's taken about 5 years to get to this stage:
https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

And then the industry threw victims' money at it and blocked and delayed it - explained here:
https://forums.moneysavingexpert.com/discussion/comment/79310609/#Comment_79310609

Please now Bookmark BOTH threads and set up email alerts on your posting profile, so that you get an email alert when we post there, as we will, once the Public Consultation opens later this year, once the new Ministers are fully appraised.

We need people like you and your driving family & friends to respond in high numbers! You have a personal story to tell about the culture of getting a DRA to add a pointless £70 for their own profit, to be let loose to intimidate people.