Backdoor CCJ - Excel - Broken machine - SA1 car park, Swansea

[Turtleton]

Hi all,

Sorry for the lengthy post in advice. A bit of a back story to start.

Last week (18/03/2020) I was working on the hospital wards and the owner of the corner shop near to where I used to live approached me. 

He mentioned that there was a letter in the corner shop for me which had my name on, but his address.

He did not have my up to date contact details so had kept hold of it.

 

I picked up the letter yesterday (23/03/2020).

He apologised and said that he had already opened it as his address was on it.

It was from 'ELMS legal' requesting recovery of 245 pounds.

There was no mention of who their client was.

This morning I rang up ELMS legal and I was told that their client was Excel Parking.

I mentioned on the letter that I was now in receipt of, that it had both my old house number and the corner shop number on.

I also mentioned that they had been delivered to the corner shop.

ELMS said that this was the address they had been given by excel parking.

I then rang up Northampton Court Business Centre and found that a judgement was entered by default on the 13/02/2020.

I now have the court reference number.

This morning, I rang up Excel to find out where and why this PCN was put against me.

It was from the 09/09/2016.

 

The lady on the phone said that I had sent an email to them (Excel) on the 9th September 2016 and the 9th October 2016, explaining that the pay and display machine was broken in the carpark and that the operator had given me a fault code '30410' and that I was instructed to place this on my windscreen (which I now remember I did).

 

However I was still given a ticket by the carpark attendant.

I did not hear anything from excel since I was sent the initial email.

Since then I have moved house, updated the electoral roll, utility bills etc.

I'm preparing to file a N244 form.

Would I have a good shot at setting aside this CCJ?

I'd be very grateful if anyone could help or offer some advice.

Thanks in advance!

*Update* - I have now found the original email I had sent to them (09/09/2016, the same day as the PCN) and the automated response back. I've copied and pasted it below

 

Quote

Dear whom it may concern,

On the 09/09/16 at roughly 1.55 pm I attempted to pay to park at the Swansea SA1 waterfront car park, site number 200. My car is a white fiat 500, with the registration number ******

Upon inserting my change into the machine the machine elicited no response and would not return my money.

I rang the number provided immediately and the operator provided me with a 'faulty machine number' which was 30410. I was told to write the number on a piece of paper and place it in my windscreen.Â*

Upon arriving back to the car at roughly 3.05 pm I was surprised to see I had received a parking ticket. I approached the parking patrol officer (number 1665) who quickly dismissed my problem, showing no empathy or understanding and offered no solution to the problem.

I rang the phone number once more at 3.15 pm and spoke to Sandra in the operations department who instructed me to write this email.

I trust you can listen to all phone conversations made from my mobile number ***** and hear that I followed all instructions and can appreciate my appeal and cancel the parking charge.

Yours sincerely,

 

[Turtleton]

Thanks, will get this sorted tonight and then post everything I've written up! 

1 hour ago, FTMDave said:

Oh, and do the DVLA have your real address?  If you don't update that can lead to a grand's fine (a real fine, not the rubbish sent out by Excel).

 

Yes, all up to date

1 hour ago, dx100uk said:

which car park please?

 

 

 

The SA1 carpark in Swansea, by the Norwegian Church 

[Turtleton]

Just seeing this, is there any sort of template for me to follow to send them a SAR?

This is all very new to me, so apologises if I'm a bit slow. 

 

I would be able to do email and recorded delivery today.

Is this something I would need to  send to excel's legal department? 

 

RE identity, I could scan my passport and forward that on also? 

 

Thanks 

 

[Turtleton]

Thanks, I'll start formatting this up now.

Just found a council tax bill, which I can also attach to prove identity. 

 

 Should I attach a separate page to the SARS with my old address on, current address and copies of  council tax bill and passport?

 

All sorted. Just sent them an email copy signed, and will go and send them a hard copy via recorded delivery within the next half hour. 

 

Sorry I have had to hide your images its best to post them up as a pdf, then only Logged in and approved Caggers can view them, a direct image can be seen by anyone including the fleecers. 

 

[Turtleton]

What would be the next step I should take after sending the SARs request? Do I send the N244 form off tomorrow or leave it until the end of the week?

[Turtleton]

Hi, 

 

Thanks so much for the reply. Yes, I sent the SAR off yesterday, both email and recorded delivery. The letter was signed for this morning. 

 

Yes I already have a CCJ by default which was entered on the 13th February, confirmed by a telephone conversation with the court. However when I did a search on the database, I could not yet see one against my name.

I'm guessing it takes a couple of weeks to update. 

 

Yes, you're correct.

I moved house, however I didn't update my details immediately with the DVLA.

This is now rectified.

 

I'm not sure if it clarifies anything but say hypothetically I lived at number 12 Fir Place, on the envelope was '12 15-16 Fir Place'.

So both numbers from my house and the corner shop were on the envelope.

It was then opened by the cornershop owner as it also had his address on it.

My name was on envelope. 

 

What I'm particularly petrified about is the threat from ELMS legal of bailiffs now turning up at my house and clamping my car.

I need it for work.

I've lost a couple of nights sleep over this.

hoping to clear everything up as quickly as possible. 

 

I've read online that the longer you waiting after discovering a CCJ on your record (over 2 weeks) the less likely it will be set aside.

Is this true? 

 

I'm leaning towards getting the forms sent off immediately for the CCJ to be set aside after reading your post. 

 

Following up for a breach of contract definitely sounds interesting, as since my initial post I have found a further a  email that I had sent off to them, providing them with all the details they required. 

 

Whilst work is busy at the moment, I do not want to let them get away with it so happy to follow it through. 

 

Thanks again 

 

 

[Turtleton]

Yes, I'll post a scanned copy. 

 

It was very silly of me not to update things quicker in hindsight. 

 

When you say 'that the money was paid' do you mean to Elms legal or at the Pay and Display machine?

 

At moment I'm a HCSW so doing as many hours as I can to help out.  I'm also a medical student but university has now finished due to the viral outbreak.

 

I'll also post up the automated response I received from Excel back in 2016.

 

Thanks

[Turtleton]

the first email I sent to them, 09/09/2016 (I've blacked out any identifiable details including the parking ticket number which I put in the subject of the email),

 

the second email 06/10/2016 and

 

the letter off ELMS Legal.

 

You'll also be able to see the automated response I received back off them.

 

I also left the house number on the ELMs Legal so you should be able to see the issue with two number.

 

Thanks

 

 

 

dosc1.pdf

 

 

[Turtleton]

Hi all

Quick update.

 

Phoned Excel Parking this morning, recorded the call as suggested by you all. I spoke to the operator, managed to get a full name and email.

 

I asked for the CCJ to be set aside by mutual consent, otherwise I would be issuing a N244 set aside and also pursuing the 255 as well as any loss of earnings. The operator replied that the only way that they would agree to the CCJ being set aside by mutual consent was if the CCJ claim showed the wrong address on it.

 

He tried to download the claim from the court website, but the website was down. He then gave me his email (Going to write an email to him confirming what was said online).

 

I asked what the time frame would be for him obtaining a copy of the CCJ to look at the address. He replied that he wasn't sure given the current ongoing situation with the virus but as soon as he had it, he would email it over.

 

If the address is correct on the CCJ claim then they will not agree to a CCJ set aside by mutual consent. To this I replied that I would be left with no other option but to issue a N244 set aside, pursue the 255 and loss of earnings. He said that in order to be successful at having the judgement set aside, I would have to fill one of the three following criteria:

 

1.Was it served at the provided address?

2.Upon finding out about the CCJ did I query it efficiently?

3.Do I have a realistic prospect of success?

 

He then mentioned that if the judge doesn't agree with any of those three points, then I would not have it set aside. 

 

 

[Turtleton]

I think so. 

I mentioned that due to the fact that I had purchased a ticket but the machine was faulty and did not provide me with a ticket,

I had already entered into an agreement with them.

 

He replied that this is not something they would look at to provide a CCJ set aside by mutual consent but something a judge would look at at a hearing.

 

He referred at this point, to point number 3 on the list he gave to me. 

 

@ericsbrotherThanks. Will send ELMS a SAR later today and will have a browse through the credit file. I'm assuming they would have done the search as 'ELMS Legal' or would this have been done under a different name?

[Turtleton]

Hi all,

 

I sent the confirmation email off to Excel, both to the litigation department and the operator I was speaking to yesterday.

 

I also had a browse through my credit file.

 

There was a hard search done on the 30th April 2019 by Arvato Financial Solutions LTD. It had a reference of debt collection agency.

 

Will have a look online to see if there are any links to ELMs.

 

There are a few other hard searches but all relating to things that I have done myself.  

 

This morning I am going to send the SAR request off the ELMS Legal, email and paper. 

 

I haven't heard anything as of yet from Excel in regards to the SAR. 

 

Thanks

[Turtleton]

Thanks,

 

All sent off, including whom they have shared it with!

[Turtleton]

Currently everything is paid off! 

Apart from that search there is nothing else that I can see that would relate to either Excel or ELMS.

 

[Turtleton]

Just had a response off ELMS Legal. They are sending out the SAR via post today!

[Turtleton]

Hi all, 

 

Quick update. I still haven't heard anything from Excel regarding the SAR.  I'm hoping the one from Elms Legal will turn up tomorrow in the post! 

[Turtleton]

I received the SAR documents this morning in the post via ELMS Legal, which I've now uploaded as a PDF.

The address is also incorrect on the SAR. 2 addresses in 1. 

 

I was also looking through my emails this morning, and I have received an email off of EXCEL, agreeing to a CCJ set aside to mutual consent.

 

However I do have to pay the 155 pounds and my own legal costs.

 

Thanks

 

 

 

 

 

Having a bit of trouble uploading the 2nd part of the SAR pdf. I've had to upload it on a separate post. Sorry. It should be beneath this one. 

 

ELMS_SAR.pdf

email.pdf

[Turtleton]

They mentioned that it is at the courts discretion in whether it is removed, even if we both agree.

Is there a big chance it will be denied?

[Turtleton]

I just tried to ring up with the phone number that was at the bottom of the email. The debt and litigation team are now working from home and the operator said that I would need to email back the original sender and ask for a direct number, which I have now done. He mentioned that he would be unable to take any sort of payment on that number. Hopefully I receive a reply with a direct number soon. 

[Turtleton]

Not in writing, but I have the time and date that a phone call was made to the operator. 

They've never admitted themselves that the machine was broken. 

 

I've just received the bank details at to where to send the 155 pounds to. I will do this now. 

Edited March 31, 2020 by Turtleton

[Turtleton]

I've just received consent orders from Excel via email which they have signed. I've signed my side and sent them back to Excel. They also mentioned I needed to file them with the court, how do I go about this?

 

I did have to pay 155 pounds but having it removed as soon as possible swayed me.

[Turtleton]

Consent%20form%205.pdf

[Turtleton]

There are a few figures floating around. 

The unresolved debt is 155 pounds. 

ELMS Legal added on their fees of 90 pounds and were initially increased to 245 pounds. 

 

I just phoned Northampton County Court and I need to pay them 100 pounds (presumably these are the legal fees that Excel mentioned in the letter) for it to be put before a judge. 

Edited March 31, 2020 by Turtleton

[Turtleton]

Yes, I used a debit card.

 

So, even though I paid the money, and both parties have signed. I won't have the CCJ revoked.

 

The court said I needed to put in a cover letter as to why the CCJ should be removed. 

 

I definitely do not want this CCJ lingering around. 

Edited March 31, 2020 by Turtleton

[Turtleton]

I'm very confused by all of this. 

 

Where exactly do I stand at the moment?

 

Do I need to submit a N244 instead?

Edited March 31, 2020 by Turtleton

[Turtleton]

I see - so do I still continue down this route or just enter a N244 against them?