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PCN with County Court N1 form (Excel (ELMS Legal))

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Comments

  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    edited 22 August 2022 at 11:38AM
    Ed2022 said:
    I agree with Johnersh in principle however did you actually received a PCN on the car on the 25th or a PCN through the post on the 25th?  My understanding is that this car park is monitored by ANPR. 
    The PCN was for the 25/01/2022 and that is what the photographs show for the DPA.
    On the timeline this is what you wrote.

    Timeline:
    • 25/01/2022 - PCN issued for event on the 
    • 21/07/2022 - CCBC form received (attached)
    • 27/07/2022 - Made a CPR 31.14 request to ELMS Legal (not received)
    • 27-28/07/2022 - Offer without prejudice, declined so told to fill CCBC admitting liability
    • 28/07/2022 - DPA request files received - the letters sent out, no photographs of actual signage
    • 31/07/2022 - AOS online on the MCOL site

    If the date of the transgression is 25/01/2022 and the photographs also evidence the car on the 25/01/22 and the claim is for a transgression on the 2/01/22 and the car was not there on the 2/01/22 I agree entirely with Johnersh. 

    These PCN's are being issued like confetti so it does not surprise me if some are incorrect.    

    Nolite te bast--des carborundorum.
  • Ed2022
    Ed2022 Posts: 175 Forumite
    100 Posts First Anniversary Name Dropper
    Ed2022 said:
    I agree with Johnersh in principle however did you actually received a PCN on the car on the 25th or a PCN through the post on the 25th?  My understanding is that this car park is monitored by ANPR. 
    The PCN was for the 25/01/2022 and that is what the photographs show for the DPA.
    On the timeline this is what you wrote.

    Timeline:
    • 25/01/2022 - PCN issued for event on the 
    • 21/07/2022 - CCBC form received (attached)
    • 27/07/2022 - Made a CPR 31.14 request to ELMS Legal (not received)
    • 27-28/07/2022 - Offer without prejudice, declined so told to fill CCBC admitting liability
    • 28/07/2022 - DPA request files received - the letters sent out, no photographs of actual signage
    • 31/07/2022 - AOS online on the MCOL site

    If the date of the transgression is 25/01/2022 and the photographs also evidence the car on the 25/01/22 and the claim is for a transgression on the 2/01/22 and the car was not there on the 2/01/22 I agree entirely with Johnersh. 

    These PCN's are being issued like confetti so it does not surprise me if some are incorrect.    

    Correct. Reviewing the correspondence again, the files for the DPA request as above on the 28/07/2022 was received. The ELMs legal representative also advised the DPA information sent is also the CPR 31.14 information that they seemingly rely on.

    Will finalise and submit the CCBC before 4pm. 
  • Ed2022
    Ed2022 Posts: 175 Forumite
    100 Posts First Anniversary Name Dropper
    @Castle exactly, maybe I should bill them for £100.

    Thanks everyone submitted it on Monday and got the reply from CCBC.

    A question I should have asked earlier, does a copy have to go to the Caimant too?
  • Le_Kirk
    Le_Kirk Posts: 24,722 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The CCBC will send your defence to the claimant.
  • Ed2022
    Ed2022 Posts: 175 Forumite
    100 Posts First Anniversary Name Dropper
    Le_Kirk said:
    The CCBC will send your defence to the claimant.
    Perfect thank you.
  • Ed2022
    Ed2022 Posts: 175 Forumite
    100 Posts First Anniversary Name Dropper
    Apologies as promised, a letter from Excel advising that ELMS has ceased to act for them.
  • Coupon-mad
    Coupon-mad Posts: 152,996 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Ed2022
    Ed2022 Posts: 175 Forumite
    100 Posts First Anniversary Name Dropper
    Thanks @Coupon-mad

    I do like the statement that they will "bring it to the court's attention", the without prejudice offer as I had sent my own to which the reply was just fill in the CCBC claim form. Absolute clowns.
  • Ed2022
    Ed2022 Posts: 175 Forumite
    100 Posts First Anniversary Name Dropper
    I haven't applied to mediation, I suspect it was the firm.


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