I am worried about this letter before claim

Senorb

Hi as you can see I received this letter, this has been ongoing for maybe the past year. I was ignoring the first one or two letters, then sent them this, 

I am emailing to inform you that I was not the driver of vehicle **** on the date and time alleged.

The identity and address of the driver is: ****

By naming the driver of the vehicle above any obligations as keeper have been discharged under the POFA 2012:

Right to claim unpaid parking charges from keeper of vehicle

4(1) The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.

(2) The right under this paragraph applies only if—

(a) the conditions specified in paragraphs 5 [are met]

Conditions that must be met for purposes of paragraph 4

5(1)The first condition is that the creditor—

(a) has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but

(b) is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

(2) Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.

Now you have actual knowledge of the driver identity (name and address), the conditions in paragraph 5 are no longer met, so the right to pursue the keeper is extinguished.

Now you are required to ERASE all personal details you hold for me under the GDPR.

Please let me know what I can do, do I need to pay this? Thanks 

Car1980

You sent that to VCS before getting the letter?

I'd just email a copy of what you sent to Elms. Or Oaks. Or wheover they are.

Senorb

Sorry I am new, what is VCS please, shall I send the below to elms? 

I am emailing to inform you that I was not the driver of vehicle  on the date and time alleged.

The identity and address of the driver is: , Boralesgamuwa, APR, Sri Lanka.

By naming the driver of the vehicle above any obligations as keeper have been discharged under the POFA 2012:

Right to claim unpaid parking charges from keeper of vehicle

4(1) The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.

(2) The right under this paragraph applies only if—

(a) the conditions specified in paragraphs 5 [are met]

Conditions that must be met for purposes of paragraph 4

5(1)The first condition is that the creditor—

(a) has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but

(b) is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

(2) Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.

Now you have actual knowledge of the driver identity (name and address), the conditions in paragraph 5 are no longer met, so the right to pursue the keeper is extinguished.

Now you are required to ERASE all personal details you hold for me under the GDPR.

Gr1pr

VCS is the initials of the actual  parking company named on the letter , in sentences 3 & 4

Johnersh

Don't take nonsense from them.

1. You need only nominate before they commence court proceedings, so even if they claim this is the first you've told them, it's still within time.
2. Nothing in PoFA requires the service address for the driver to be in England or Wales (it would be odd if it did, since that would restrict who could drive your car).

I've no idea what a Sri Lanka name and full address look like, but do double check that is complete, it looked as though it could be incomplete to me.

Car1980

I think Sri Lanka addresses are a bit unconventional. No postcode etc.


I'd email Elms this:


Dear Elms

I emailed your client on xx date to inform them I was not the driver the PCN refers to. The email is repeated below for you:


I am emailing to inform you that I was not the driver of vehicle  on the date and time alleged.

The identity and address of the driver is: , Boralesgamuwa, APR, Sri Lanka.

By naming the driver of the vehicle above any obligations as keeper have been discharged under the POFA 2012:

Right to claim unpaid parking charges from keeper of vehicle

4(1) The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.

(2) The right under this paragraph applies only if—

(a) the conditions specified in paragraphs 5 [are met]

Conditions that must be met for purposes of paragraph 4

5(1)The first condition is that the creditor—

(a) has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but

(b) is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

(2) Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.

Now you have actual knowledge of the driver identity (name and address), the conditions in paragraph 5 are no longer met, so the right to pursue the keeper is extinguished.

Now you are required to ERASE all personal details you hold for me under the GDPR. am emailing to inform you that I was not the driver of vehicle  on the date and time alleged.

This instruction has been unlawfully ignored.

1. You are now required to ERASE all personal details you hold for me under the GDPR. 

2. Your client's unlawful actions now lead me to file a formal complaint with them, with a view to escalating the breach to the Information Commissioner's Office. 

3. Please confirm you have erased all details otherwise I will have to repeat the same with regards to Elms Legal Ltd.

4. In the event of a court claim against myself, costs will be sought against your client for unreasonable behaviour. I refer you to Excel Parking Ltd v Robinson and remind your client of the same.

patient_dream

ELMS LEGAL ..... what a joke

THE PRINCIPAL DEBT £170 ???
The pricimal amount is £100
EMLS LEGAL LIE and if this goes to court, such a claim will be a lie

The added £70 is the famous OSNER scam which was approved by the BPA and an urngeulated members scam club, copied by the IPC. ALSO UNREGULATED

INTEREST @ 8%
This is an outdated court system ... who getd 8% interest nowfays ..... 

Elms Legal again living in in the clouds