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Messages - westonsupermud

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1
Have Elms responded to all the requests made int he response to the loC as required by the PAP? If not and their misconduct with the re-issuance of the LoC can all be mentioned on the form CILEx are asking you to complete. I've already explained what the problem is with Elms.

Otherwise, you are waiting for the claim to arrive which can be dealt with as and when.

They haven't bothered to answer the questions explicitly, just sent a load of images and docs

I think 1, 2, 4 are answered by the original PCN and the terms on the main car park sign.
3. I can't find any reference to Schedule 4 of POFA 2012 anywhere 
5. Is the claim for a contractual breach: I don't know - just seems to be contravention of terms stated on the sign.
6. If the claim is for a contractual breach, photographs showing the vehicle was parked in contravention of said contract. Photos showing entering & leaving, but not parked.
7. Is the claim for trespass? Not stated
9. plan provided
10. Photographs of the signs displayed: photos provided but not size of sign, font, height displayed.
11. Provide details of the original charge/interest/admin or other charges: not explicitly stated
12. The additional £70: According to the sign it's a "collection fee on an indemnity basis for costs incurred as a result of debt/legal recovery". Not stated anywhere whether it includes VAT.
13. The principal alleged PCN sum: According to the sign, it's clearly consideration for parking: £100 per day or part day

Now they've sent me a copy of my appeal, I can see that I said my son pressed the wrong button. Having spoken to him since, he said he didn't seem to be able to enter the full reg number. Is that likely to cause me a problem?

I'll start filling in the Misconduct Information Form...

2
You may want to redact your personal information from some of those documents!
Yeah, rushing again. Done now!

3
Sorry, a combination of my ignorance of forum etiquette and trying to do things in a hurry.
Believe me I'm grateful for all the help, and I'm happy to do as much work as needed.

I've uploaded all the files to google drive: https://drive.google.com/drive/folders/1wIvzZxjKS5SEb2w0vEl1tQof4d2ZWx1H?usp=drive_link

Thanks again.

5
Also had a reply from CILEx that, rather annoyingly, wants me to fill in a Misconduct Information Form, which feels a bit like another stalling tactic.
Is there anything in particular I should do/not do when filling in the form?

Cheers,
-Chris

6
Second part of the doc pack

[ Guests cannot view attachments ]

7
So... I've had (7 July) a response to my request for documentation that just said

Good morning

Please find attached the documentation as requested.

Many thanks

no mention of whether the clock has been reset or what the deadline is now

I've attached the docs here, since I can't upload zips or pdfs to imgur. It contains:
- photos of my car entering & leaving with reg plate closeups
- the original PCN
- signage
- site map with sign locations
- redacted contract between Excel and City Fusion Ltd

but I'm not sure they've actually answered all the other questions.

[ Guests cannot view attachments ]

8
Splendid. I shall do just that :-)

9
Morning :-)

Finally had an email back this morning from debtassist@elmslegal acknowledging my email of 17 June :D
It just says:
Quote
Good morning,

Thank you for your email.

A request for documentation has been sent to our client.

Still no mention of resetting the response clock.

Is it worth responding, or should I wait, either for the deadline to expire, or to hear about the CILEx investigation?

10
Done. Thanks b789, I'm in your debt once again.

11
Hi b789,

Yes, that's correct. Interestingly, their amended LBC was dated 18 Jun, which is the day after I sent my email. Coincidence...?

They're at pains to point out that the previous letter applies, not the new one.

I've uploaded the full correspondence to https://imgur.com/a/6Xqcm4K if you're interested.

12
So... email sent 17 June to info@. No acknowledgement from ELMS Legal whatsoever.

Just had an amended LBC, bless 'em, clarifying the payment due date.

So... in their first LBC, they'd given me until 30/07/25 because it was 30 days from the date of the letter (03/06/25) :-)

This time, they've amended the payment date to "03/07/25 (which is 30 days from 30/06/2025)" :-)

They go on to say that "For the avoidance of doubt, our Letter Before Claim expires on 03/07/2025, whereby if payment is not received, then legal proceedings may be initiated."
and then later that "Should the outstanding balance of £170.00 not be settled by [note absence of date] we will commence legal proceedings against you without further notice."

Do I need to do anything further? Should I post a copy of my email to them before 3/7 in an attempt to at least get an acknowledgement, or do I just sit on it and wait for them
to issue proceedings without responding to my email and then pull them up on that?

Cheers,

14
Ah, sorry, makes sense. Done.

15
I'm another newbie poster, and am in a very similar position to Snohball in this thread: https://www.ftla.uk/private-parking-tickets/excel-parking-pcn-keying-error-crown-street-car-park-leeds-ls2-7de/

The machine would only permit the first two characters of the reg no. I still have the ticket.

Offence date 9/2/25
NtK dated 14/02/25

I foolishly appealed 20/2/25, which was obviously denied.
I didn't bother appealing to IAS.

LBC received about 10 days ago, dated 3 June, so just getting my act together to respond.


I'll upload images of the letters & ticket when I get an opportunity later.

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