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    • I’m currently on day 9 of mild symptoms  Starting about 5 days after My daughter had symptoms and subsequently tested positive.  she’s well over it now.   From my point of view I’ve had far Worse but Christ the symptoms are weird.    Anyway apparently if I’ve made it to day 9 or 10 without taking a turn for the worse , chances I’m on the road to recovery, so that’s some kind of relief.
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    • Firstly let me say that this is not a frustrated contract because in order to meet the requirements of the doctrine of frustration, the contract must be really impossible to perform.  Maybe because the house doesn't exist anymore or because there is a law against it etc. Here you are simply talking about delay. So please forget frustration.   Secondly the advice you have received from Citizens Advice I'm afraid is dangerous and could lead you into litigation which you might possibly lose. Ignore it.   One thing I am not clear on it is how long the installation work will take. What have you been told?   I understand that you made a contract which suggested that the installation might take place at any time before mid-november. I'm afraid that in these kinds of service or building contracts you have to accept a reasonable delay. A 1st of February deadline was completely unacceptable and would have been unreasonable. However I understand that under pressure from you they have now given you a deadline of 7th of December.   Firstly I think that a delay of a time up to the 7th of December is probably just within the bounds of reasonableness. Secondly because you effectively put pressure on them to have a shorter deadline and they came up with the 7th of December one could say that you have now been complicit in the delay and so I don't think you are in a position to reject it.   I understand that your confidence may have been undermined by what has happened so far and I think that you are justified but I'm afraid that I don't think that gives you  a reason or an opportunity to void the contract now.   I think you are going to have to accept 7th of December installation date but I think it would be reasonable now for you to write to the supplier and to let them know that time is of the essence and that the 7th of December deadline is the last date which you will accept for installation and if the installation does not occur on that date then you will consider that the contract has been terminated by their breach and you will take all necessary action to recover your money.   I think you should send this letter in the form of a letter of claim.   A letter of claim normally gives 14 days notice before County Court action will be commenced.   In this case I think that you can give them notice that if the installation does not occur by the 7th of December and if you then do not receive your full refund by the 14th of December you will start the immediate action in the county court to recover the money plus interest and without any further notice.   The advice above depends on what you have to tell me about the time needed for the installation. Also if you decide to send the letter of claim which I've suggested above then I think it will be a good idea if you would draft your letter of claim and post it here so we can check it.    
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
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      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Excel/BW/Elms ANPR PCN PAPLOC Now Claimform - But i paid! - Providince St Wakefield WF1 3BG


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they have sent you the wrong cut and paste letter and it is clear they havent spoken to their clients either. They are trying to blindside you into paying up as they get a wedge out of anything you send.

I would suggest that you wait for a lba and then tell them agin waht a bunch of wazzocks they are for being unable to read or count.

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yes other spies have found these out: note the last comment;;;   ELMS Legal Ltd 31 Handley Street Sleaford England NG34 7TQ   Company Number: 09160334   Dire

I found it a bit strange when reading it.

They repeated, almost verbatim, some of the contents of the responses from Excel.

They probably share the same documents to cut and paste from.

 

I'm going to have a good Christmas and New Year and look forward to their next feeble attempts at bullying.

All the best, and look forward to the next thrilling instalment.

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Will and John, the worlds cleverest solicitors at Gladstones are also Will and John, owners of the IPC, the worlds dodgiest ATA for parking. The reason the letters look the same is they probably wrote the originals for Excel to copy from.

 

Understand, they are not honest brokers, they act for their client and their cliet as solicitors are members of the club that charges then for pushing them towards the lawyerly aspect of their life. They amke money regardless of whether the parking co loses it for following their crap advice.

Edited by honeybee13
Paras
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  • 1 year later...

thread tidied.

 

elms … urm.. looks like a one man band armchair advocate..doesn't appear to be registered as a solicitor on mainstream authorities sites like SRA/FCA.

 

I can't find the real name behind the firm name.

 

let me pull a spies chain.

 

 

 

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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https://www.legalchoices.org.uk/types-of-lawyers/regulated-lawyers/legal-executives

 

read the bit about cilex practioners..a bit down..

 

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Tel:
 
In-house Solicitor at:
Vehicle Control Services Ltd
2 Europa Court,
Sheffield,
South Yorkshire,
S9 1XE,
England
View in Google Maps
Roles at other organisations

 

https://solicitors.lawsociety.org.uk/person/67740/edmund-jonathan-garvey-shoreman-lawson

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yes other spies have found these out:

note the last comment;;;

 

ELMS Legal Ltd
31 Handley Street
Sleaford
England
NG34 7TQ

 

Company Number: 09160334

 

Director: Ed Jonathan Garvey Shoreman-Lawson

 

Companies House link: https://beta.companieshouse.gov.uk/company/09160334

 

Endole link: https://suite.endole.co.uk/insight/company/09160334-elms-legal-limited

 

BizDb link: https://www.bizdb.co.uk/company/landlords-lawyer-ltd-09160334/

 

CILEx Regulation ID: 2164466, Edmund Shoreman-Lawson
(at this link: https://cilexregulation.org.uk/firms/  click on 'Firm Directory' its an auto PDF download
then open PDF and go down to ELMS Legal Ltd

 

Authorised by CILEx Regulation for Civil Litigation: Authorisation No: 2164466

 

Law Society link (Edmund Jonathan Garvey Shoreman-Lawson): https://solicitors.lawsociety.org.uk/person/67740/edmund-jonathan-garvey-shoreman-lawson

 

SRA - ELMS Legal Limited (on the link check SRA-regulated people and roles whose name it is)
https://www.sra.org.uk/consumers/check-and-find-a-solicitor/solicitors-register/organisation/?sraNumber=630494#headingTwo

 

SRA - Edmund Jonathan Garvey Shoreman-Lawson (look at where this person works, VCS, MIL Collections)
https://www.sra.org.uk/consumers/check-and-find-a-solicitor/solicitors-register/person/?firstName=Edmund&lastName=Jonathan&sraNumber=537827

 

Linkedin link: https://uk.linkedin.com/in/edmund-shoreman-lawson-34557b127

 

This guy does use different versions of his name from full name to leaving some off name.

 

What you will notice is Mr Edmund Jonathan Garvey Shoreman-Lawson himself is SRA Regulated but ELMS Legal Limited, Vehicle Control Services Ltd & MIL Collection Limited are all not SRA Regulated.

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please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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A read of the legislation for county courts will provide you with conflicting info on who may represent a person at court 

 

My reading is this bloke may pitch up in person but not an employee of the company.

At this stage anyone can fill out letters as the representative.

 

Read up on MIL Collectiosnsand you will see that they have history and a track record of LOSING

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  • 2 weeks later...

I hope you all had a good Christmas and New Year!

Thanks to all for your input.

 

Here's my proposed response:

 

With reference to your letter of December 2019, reference as above, its contents are acknowledged.

The matter has been passed to yourselves after BW Legal’s failed attempts to bully me into submission; using lies, mistruths and threats of legal proceedings. Perhaps they saw the error of their ways - perhaps not!

As before, I’ll keep this simple so as to avoid confusion.

The Particulars of Debt in your letter are unsubstantiated.

We parked, I paid.


As your client insists on taking Court action, then please advise them that I will make a request to the Court for full costs due to unreasonable behaviour (CPR Part 27.14(2)(g)).

 

 

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Respnd as follows

 

Dear sirs,

I would look forward to seeing you in court but as you have no right of audience in the capacity you correspond in that wont happen.

Tell your client that they know there is no cause for action and they are in breach of the GDPR for obtaining my data so it should be me sending  them threatograms rather than some lickspittle earning a less than honest crust threatening me.

If they have any sense, which would be a very rare thing for a parking company, they will now drop the matter rather than suffer a full costs recovery order for their unreasonable conduct and vex

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Tell your client that they know there is no cause for action and they are in breach of the  GDPR for obtaining my data 

 

The data was obtained pre-GDPR. The PCN was issued on the 14th May 2018, with GDPR becoming effective on the 25th May 2018. Unless it can be applied retrospectively, I feel this is a moot point.

 

Just found an interesting article : https://www.vsec.infinigate.co.uk/blog/according-to-the-gdpr-it-is-in-force-already :

 

Quote

 

The final commandment that is article 99 reads:

  1. - This Regulation shall enter into force on the twentieth day following that of its publication in the Official - Journal of the European Union.
  2. - It shall apply from 25 May 2018.

One number short of an upside-down mark of the beast, the 99th article suggests that the GDPR has been in force since the twentieth day subsequent to its publication, that being the 17th of May 2016. Yet, its application is not honoured until two years after.

 

 

 

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I wouldn't worry 

they won't know any diff send the snotty letter.

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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  • 6 months later...

Open

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It's been all quiet since my last posting, but it appears the sleeping giant has decided to wake up.

 

This morning I received the County Court Claim Form from Northampton - attached.

 

As you will see from the particulars they have gone down the avenue of 'parking without payment', despite having provided them with the proof that I did pay.

 

Naturally, I'm going to defend and am starting to put it all together.

 

Do I have grounds to put in a counter claim or not, and would it be worth the cost and effort?

 

Any advice on how to proceed would be greatly appreciated.

CCClaim.pdf

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In any event send the acknowledgement or service straight away and that will give you 28 days before having to file the defence

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follow this sticky and do AOS online with  Defend All ticked  The team will be along soon with further advice, they have already made a mistake, they haven't indicated who they are suing keeper or Driver, if Keeper £60 of that total is void anyway.

 

 

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Not a good idea to go for a counter claim-that prevents them from discontinuing their claim. 

 

They are taking you to Court for the wrong reason.

You did pay even if not within their imaginary ten minute payment period when you were able to stay there for 12 hours And you would have paid within their time period had their system been working proficiently. It is not equitable that you are penalised for the shortcomings in their system. 

 

As you paid then they had no reason to apply to the DVLA for your data-a clear breach of Data Protection regulations and should

attract a penalty of around  £500 at least.

 

They do not say whether they are pursuing you as the driver or keeper.

I have not seen their NTK to see if the POFA regs were followed though you inadvertently have revealed during your appeals that you were the driver.

 

In addition they have added an extra £60 to the charge which has been referred to as an abuse of process by many Judges including this case which you should mention in your WS.

Look at post 1 and the actual summing up of the case by the Judge on the last section of post 1.

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you have grounds for going after them but do this as a separate action if you are minded to.

Win this one first and you make that journey much smoother and you may get a payout from them when you slap them with a LBA, it has happened before.

 

So for the moment, acknowledge the claim and prepare your draft defence, which at this point will be just bullet points such as

 

" the prescribed fee was paid by the driver at the time so no breach of contact has occurred.

 

The defendant has the parking receipt issued at the time and the claimant has known this from the outset.

 

The defendant invites the court to use its management powers to strike out the claim under CPR 3.4 as the claim is vex and order a full costs recovery order under CPR 27.12.2(g) should the matter go further"

 

now this may or may not get read and acted upon at this stage  but chances are by the time it gets to a local court ordering both sides to produce their full statements it will be on the top of the pile and Excel's ring  will be twitching

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Hi,

Thanks for that.

I have acknowledged the claim and indicated I intend to defend.

 

I've been looking at all the communications on this and the various differing claims - "didn't pay for the first 90+ minutes", "contravention time 18:01 (when leaving car park)" etc. and was trying to decide whether to defend purely on the Particulars of Claim - "Parked without payment...", or whether to also bring into it the afore mentioned different allegations.

 

I think your suggested draft defence answers this (PoC), but any other thoughts and guidance would be appreciated.

 

 

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  • dx100uk changed the title to Excel/BW ANPR PCN PAPLOC Now Claimform - But i paid! - Providince St Wakefield WF1 3BG

you can only defend the claim they have made so stick to the simple couiple of sentences. WHEN it gets to exchanging documants and statements you can chuck in the kitchen sink.

Tr and write about somehting they arent claiming for and they might get your defence thrown out and thus you lose by default.

 

 

keep it simple

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Less is always More at this stage, give them nothing to chew on and they are stuck with their rigid roboclaim POC.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Thanks ericsbrother and brassnecked.

 

That's the way I was thinking, but just need to be sure. Your confirmation is greatly appreciated.

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  • dx100uk changed the title to Excel/BW/Elms ANPR PCN PAPLOC Now Claimform - But i paid! - Providince St Wakefield WF1 3BG

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