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Everything posted by Turtleton

  1. Regarding pre-action correspondence from ELMS Legal, I just received this email off of themselves: Thank you for your email. I can confirm that I have sent you everything that we at ELMS Legal hold on file. It would have been Excel Parking Services Ltd who sent out the pre-action protocol documentation as we were passed the case after the county court judgment had been entered against you. Please also be advised that the case is now closed with ourselves and any further correspondence should be directed to Excel Parking Services Ltd.
  2. Okay, I will fire an email off to ELMS this evening. Is there a chance Excel would have used a different solicitor aside from ELMS to issue prelegal documents? There's nothing alluding to this in the SAR. Thanks
  3. Quick update, I received this email today off of Excel's paralegal regarding the incomplete SAR: We maintain our position that we have provided you with full disclosure and will not engage in any further communication in this regard. As you had been emailing myself, you had full disclosure of the email communication already and hence why copy emails were not provided to you in our response to your SAR. Please note that we do not hold copies of the communication between yourself and Elms Legal as this was sent to you from them directly, and not from ourselves.
  4. It doesn't indicate in the SAR where they got this new address from or why it was updated, maybe this is something I could find out?
  5. Just gone back through the SAR. On the 20th October 2016 there is a letter addressed to my correct address outlining the appeal procedure. The next correspondence was on the 04/11/2016 - 'Notice to the keeper/driver'. This was to the amalgamated/incorrect address. In the space between those 14 days between letters the address change. There is no reference in the SAR that would explain where this amalgamated address came from except for an event titled 'Ticket address updated'. In regards to any attempts made by Excel to comply with pre-action protocol, there are no scanned documents/letters that were sent to me. The only thing that may be relevant is again in the events log - 30/12/2019, prelegal issued. It doesn't indicate that any letters were sent out. Thanks
  6. Yes, definitely happy to try the routes suggested to get this sorted! I did not receive a response for the second letter that was sent to the paralegal. Thanks
  7. I have just received the following response from the paralegal at Excel that I am dealing with: Dear XXX, We can confirm that we have furnished you with all of the data we hold on file. Kind regards. I wasn't expecting such a quick response. Thanks
  8. Yes sorry, I sent off an email to the litigations department at excel yesterday. I also sent a recorded letter off from the post office too. I didn't fancy just sending a normal first class one. Should I have sent the letter to Excel's paralegal who was dealing with the issue also? Thanks
  9. Thanks, will get this all sorted and printed out this weekend. I'll send it off on Monday due to the bank holiday yesterday. That'll give me a clear two weeks to work with to read up on putting a claim forward, setting up accounts and getting a draft sorted!
  10. Yes, okay. I had a good look through the SAR once more last night. There was quite a lot of communication missing: - Only one email was included in the SAR. This was on the 9th September 2016, the rest of the conversation was not included. Future emails and correspondence either from Excel or to myself were not included. -No documents relating to Excel's correspondence with ELMS Legal. - There was a query included in the SAR from Northampton County Court querying the address, however the SAR didn't include Excel's response back. - Many of the screen shots have been cut off so I'm not able to see the full text. Thanks
  11. This was the last correspondence I received off of them (20th April 2020), around 16 days after I submitted the initial SAR. Does it make a difference at all that they've acknowledged there will be a delay due to COVID-19?
  12. A month has passed since I sent the request off to the DVLA regarding the SAR and nothing has returned so far. Would it be worth sending off a reminder to them? Thanks
  13. I'm hoping to send out an email today regarding the incomplete SAR, however I wasn't sure whether to hold fire on this until I received the DVLA SAR also? Thanks
  14. I sent a reminder email today to the DVLA regarding the SAR. Hopefully will soon receive a response. I've also gone through the SAR from Excel and found a lot of inconsistencies, missing documents etc. I've compiled a list and will keep adding to it every time I feel something has not been included - started composing a file. In regards to the £155, the only information on file is a note on the account from the 31/03/2020, that I phoned to make payment and they provided me with bank details via email. No notes at all acknowledging that I had emailed twice previously asking for a copy of the claim form. There is nothing at all throughout the whole SAR which shows how Excel (paralegal) asked for payment before providing me with a consent order. Thanks
  15. I waited until around 6pm today in order to receive any SAR documents off Excel. Nothing was received. I emailed a letter of claim over to their litigation department.
  16. Okay, will do just that. Nothing came in the post, but will hold on to see if anything comes via email by close today. Does it need to be an email or a typed up and signed letter? Thanks
  17. Hi all, December 20th 2014 - August 1st 2016 I lived in Sxxxr Road August 1st 2016 I moved to 18 AXXX September 6th 13:00, I parked in the SA1 carpark in Swansea that was managed by Excel. The machine within the carpark was faulty and did not produce a ticket even after inserting money. I phoned the phone number that was located on the sign in the carpark and spoke to the operator named Sandra. Sandra gave me a fault code and was advised to place it on my windscreen (I wrote the fault code on a piece of paper and put it in my windscreen).Returned to the car at 15:00 to find I had a ticket. Found the car parking attendant, explained the situation and he said there was nothing he could do. I was issued with a PCN. I came home on the 6th September 2016 and sent an email to Excel Carparking advising them of the situation. Within the email I included the operator's name (Sandra), the employee number of the parking attendant and the fault code. 9th October 2016, I replied to the automated email with my full details: 18 AXXX etc. I also included my car registration and again explained the issue. After this email was sent off, I did not hear anything else. Two and a half years later 16th February 2019 I moved from 18 AXXX to 14 BXXX Road, 20th March 2020, I came across the owner of the cornershop (13-14 AXXX on the road where I used to live) in the hospital. The owner said a letter had been delivered to the shop but was addressed to me. 23rd March 2020 I go to the cornershop after work to pick up the letter. The letter was addressed to me but the address on the envelope was '18 13 - 14 AXXX'. (In other words, the number of my old address plus the number of the Cornershop) It was from ELMS legal advising me that a judgement had been made against myself against myself by default on the 16th February 24th March 2020, I made a phone call to Northampton Court Business Centre and was advised a CCJ had been inputted against me by Excel 24th March 2020, I phoned up Excel and enquired what the CCJ was regarding. They said it was for a PCN dated 6th September 2016 in the SA1 carpark. They noted that they were in receipt of emails I had sent to them at the time (6th September 2016) 24th March 2020 SAR request sent off to EXCEL via email and post. 25th March, SAR request signed for by Excel 25th March 2020 SAR request sent off to ELMS Legal 26th March 2020, I phoned Excel and tried to obtain a copy of the CCJ. I spoke to an employee called Jake Burgess, the court site was down so he was unable to obtain a copy. He provided me with his personal email address to request a copy of the CCJ when the site was back up. 26th March 2020, I tried emailing the address Jake had given me but it was invalid, so instead I emailed the litigation department at Excel. 30th March 2020 SAR request received via post from ELMS Legal. Throughout the SAR documentation that had my address down as '18 13 - 14 The Avenue'. There were also some letters that I was in receipt of from ELMS that were not included in the communication log section of the SAR. 30th March 2020, I received an email of Ambreen Arshad, a paralegal for Excel. The email offered me the option to have the CCJ set aside by mutual consent as long as I paid the £155 to Excel. This was the first email I had had off Excel after sending the email requesting a copy of the CCJ to the litigation department. At this point I still had not seen a copy of the CCJ. 31st March, received a signed consent order from Excel. Still no sign of the copy of the CCJ I had requested 31st March 2020, I phoned Northampton Business Centre once again asking for a copy of the CCJ. They said that because they had already given Excel a copy, I would have to pay for one. 31st March 2020, I emailed Ambreen asking for a copy of my CCJ 31st March 2020, I once again emailed Ambreen requesting that Excel file the consent order and pay any associated fees. This request was declined. 1st April 2020, I received a copy of my CCJ from Excel via email. The address on the CCJ was '18 13 - 14 The Avenue'. An amalgamation of my old address and the corner shop address. 2nd April 2020, I send another email to Ambreen following up the SAR. I enquired about whether it had been received to which Ambreen replied 'Yes we have received it and it will be dealt with in a timely manner'. I have not heard anything off of Excel since this point. 6th April 2020, I sent a SAR request off to the DVLA 7th April 2020, I was advised by the court there was no time frame in which I needed to submit the consent order. I advised the court I was still in the process of tying some loose ends up. 20th April 2020, I received an email off the DVLA notifying me that they are currently dealing only with key workers. I replied that I am a key worker and that I would like to continue with the SAR. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ So the current state of play is that Excel issued a claim against the address which was not the registered address of my vehicle because I had moved home by the time they issue the claim – over two years after the PCN had been issued. Furthermore, the address on the claim form is not a correct address because it is an amalgam of my old address and the address of the Cornershop I'm trying to find out how how Excel came by this incorrect composite address. I sent an SAR to ELMS legal – and they have already responded with the disclosure which suggests that they received the incorrect address from Excel. I have sent an SAR to Excel and although it has been acknowledged, they have not yet complied. That SAR disclosure is due on 24 April. I have sent an SAR to the DVLA on 6 April and that is due in about 6 May. I have held off asking for the judgement to be set-aside on the basis of the consent order because it seems that Excel has probably issue the claim against the incorrect address – and also by effectively selling me a consent order, it is my view that they have abused the court process because they consented to the set-aside only on condition that I paid them the money that they were seeking under the claim. It seems to me that this is an abuse of process. Many thanks
  18. Yes, Excel did acknowledge the SAR. This was via an automated response as well as a direct response from one of their paralegals around 2 weeks later.
  19. Hi everyone, Just a quick update. I put a SAR request in on the 24th March to Excel Parking. Haven't yet received anything back from them. Hopefully will have heard off them by the end of the week, 30 days expires tomorrow and the end of the calendar month expires on Friday. I'm not sure if things are delayed because of the virus. Thanks
  20. Just received this email: We have done what was necessary by providing you with a Consent Order. It is your responsibility to file the Consent Order with the Court and we would advise that you liaise with the Court on the correct procedure in doing so. Unfortunately, we will not be covering any of your costs in relation to the matter. You were advised in a previous email that we would be willing to consent to any Application subject to you paying the Judgment amount of £155.00 by the specified date and each party bears their own costs. Please be advised that it was mutually agreed at Paragraph 3 of the Consent Order that there shall be no order as to costs. Kind regards. So do I continue on with the set aside by mutual consent OR do I file a seperate N244 motion?
  21. The original judgement in default was the 13th Feb so the 30 days would have expired on the 13th March
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