Advice needed please

shannys_taxi_driver

I've just (today) received a Notification of Instruction from ELMS Legal who have been instructed by Excel Parking regarding a PCN issued on 20/07/2019.

I don't recall ever receiving anything regarding this PCN in the past and have moved twice since this date.  The alleged offence was for 83) Parked Without Clearly Displaying A Valid Ticket/permit.

With the date being over 5 years ago, is this contact valid? 

If so what do I need to do as I can't prove that I did have a valid ticket (I always buy one but it is in a very windy location and there were times the ticket blew over as I closed the door).  I can't afford the £170 fine either and feel stuck.

I had a look on this forum and couldn't find a similar query, so I apologise if it has come up before.

Fruitcake

It is not a fine nor has an offence been committed.

What has Elms Legal been instructed to do? Please show us, but redact all personal data.

Where did the alleged event occur? 

In which nation was the vehicle registered at the material time?

You should instruct the DPO of Excel and Elms to erase the keeper's data and replace it with their new address for service. Make sure to use the word erase as it has a specific meaning where data processing is concerned.

The PPC has up to six years to issue a claim in England and Wales, or five years in Scotland, so yes, the contact is valid.

Nellymoser

The parking company will have requested vehicle keeper details from DVLA. If you didn't inform DVLA each time you moved house then this maybe reason you didn't receive pcn letters.
Check your V5C details are current. You can be fined up to £1000 for failing to update.

Coupon-mad

But the good news is that you might be able to time it out part the 6 years (without a claim form) if you reply SLOWLY and only saying one thing each time.

Use delaying tactics. Nothing this month!

If the Notification of Instruction (which means nothing much at all, by the way) is dated December, then reply - 2nd class snail mail - yes a letter, not an email - half way through January and talk about them 'erasing' the old address and just confirm which address is correct and ask for Elms to confirm they have updated their records.

Then wait for their reply.  If nothing by the END of Feb, send another 2nd class letter asking for VCS' evidence because this is too long ago to recall, you don't even recognise the location and want their photos to try to identify who may have been driving. 

Come back and show us each reply.

Do NOT yet send the usual LBC response - you are not yet there - and don't ask for a '30 day hold' yet (see the second post of the NEWBIES thread).

Do not phone them.

Do not email them.

Do not do nothing ... as that might see a claim form arrive in time. Use the delaying tactics.

We assume you and the location are not in Scotland?

shannys_taxi_driver

Thank you everyone for your help, I appreciate you taking the time to reply.

@Fruitcake I'll dig out my scanner so I can show you the letter but it reads to me like a standard letter asking me to phone them to 'discuss the matter' while saying further (unspecified) action may be sought after the deadline of 15 January.

The alleged event was in the Iceland car park in Folkestone, Kent.

The vehicle was based in England at the time.

I'm not sure a letter regarding erasing the address is relevant because this letter is addressed correctly.

@Nellymoser Thank you for the advice, I have the correct address on the V5C so I'm not in danger of that fine.

@Coupon-mad As above I'm not sure I can send the first letter (although I love the idea!) as this one was addressed correctly.  Should I start with the VCS evidence request instead?

You're correct I'm not in Scotland, I'm in England.

Fruitcake

shannys_taxi_driver said:

Thank you everyone for your help, I appreciate you taking the time to reply.

@Fruitcake I'll dig out my scanner so I can show you the letter but it reads to me like a standard letter asking me to phone them to 'discuss the matter' while saying further (unspecified) action may be sought after the deadline of 15 January.

The alleged event was in the Iceland car park in Folkestone, Kent.

The vehicle was based in England at the time.

I'm not sure a letter regarding erasing the address is relevant because this letter is addressed correctly.

@Nellymoser Thank you for the advice, I have the correct address on the V5C so I'm not in danger of that fine.

@Coupon-mad As above I'm not sure I can send the first letter (although I love the idea!) as this one was addressed correctly.  Should I start with the VCS evidence request instead?

You're correct I'm not in Scotland, I'm in England.

@shannys_taxi_driver Do you mean to say you will be happy for a claim to be sent to your old address, the one they officially have on file and will therefore use so you never get to know about it until you find you have a default CCJ against you?

The PPC or one of their agents will have done a soft trace to locate you, a trace that will not show up on a credit report so you wouldn't know it has been done.
If you fail to respond, a claim will be sent to your old address in the hope you won't know about it, especially as they will assume you no longer live there.
If you respond but don't instruct them to erase your old data, they may still use the old address they bought from the DVLA to send a claim, again hoping you won't know about it until it's too late, and won't know what to do about it or consider it too difficult to try for a set-aside.

shannys_taxi_driver

@Fruitcake Put like that, of course I don't want that, thanks again for your help.

Coupon-mad

shannys_taxi_driver said:

@Coupon-mad As above I'm not sure I can send the first letter (although I love the idea!) as this one was addressed correctly.  Should I start with the VCS evidence request instead?

No. I already knew that this letter came to the right address. That's not the point.

You aren't doing anything for a month anyway. Enjoy the Xmas/New Year season and do not send any letter until mid (not early) Jan.

shannys_taxi_driver

Happy New Year everyone,  I'm going to send the first letter by snail mail next week, still haven't worked out the wording yet but here is the one they sent me.

Coupon-mad

First one can just tell them to erase your old address and add for the LOLS that, in your experience and as is well dicumented, 10 out of 10 people who get advice on moneysavingexpert parking forum win defended cases so they may as well give up now.

Then wait for a reply.

Then slowly reply asking for evidence under the PAP for Debt Claims.

By this time you'll be closer to the 6 year limit without even getting a LBC yet, but don't tip them off.

shannys_taxi_driver

This is a draft of the letter I intend to send tomorrow (with name, address and ref redacted)

                                                                                                                       

31 Handley Street

Sleaford

Lincolnshire

NG34 7TQ                                                                                                                                                                                           

13th January 2024                                                                                                                                                                                

Dear Sir/Madam,

 Your Reference: EPS********

 

Regards,

 

Mr X

Any good?


edited as letter now sent by snail mail