3. If I dispute a money claim and lose, am I likely to have to pay more than the original claim?
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Re: If I dispute a money claim and lose, am I likely to have to pay more than the original claim?
« Reply #15 on: »
Okay here is what I have, in timeline order:

Final Reminder to registered keeper (nothing on reverse side): https://imgur.com/a/qbR4fvn

My email to VCS stating I was the driver: https://imgur.com/a/AV3rtTv

Notice to Driver and reverse side: https://imgur.com/a/wPnDY5r

Email chain between myself and manager of land: https://imgur.com/a/LVBqkGT (note: emails read bottom to top on each image then continue to next image)

Email trail between manager and VCS: https://imgur.com/a/tacNnrR (note: bottom to top again)

Email I sent to VCS: https://imgur.com/a/R8WGyT0

Letter from ELMS Legal: https://imgur.com/a/R3OEaOf

Message to VCS from myself through their website, date 19/03/2024: https://imgur.com/a/cTCzhDW (I only have this screenshot of when I sent it)


Other notes:
The keeper didn't give my details to the creditor as they have stated in the Notice to Driver, I did, as shown in my first email to VCS.
The keeper never responded to any of the letters.

I'm aware I've definitely gone about this whole situation in the wrong way, cannot say I'm well versed in a situation like this..
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Re: If I dispute a money claim and lose, am I likely to have to pay more than the original claim?
« Reply #16 on: »
Thanks.

A few thoughts that come to mind:

Did the creditor write to the keeper notifying them that their PCN has been cancelled?

Is the keeper the same person who pays for the parking space?

Are all addresses used by ELMS yours?

Where is the Letter of Claim? If you don't have it, can you think of a reason why not?

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Re: If I dispute a money claim and lose, am I likely to have to pay more than the original claim?
« Reply #17 on: »
I'm unsure whether they notified the keeper or not regarding cancellation, I could find out.

The keeper is not the one who pays for the parking space, a friend I was visiting at the time is the one who pays for it.

All letters from ELMS are addressed to myself.

I don't recall receiving the Letter of Claim, unfortunately however I cannot say for 100% certainty that I didn't receive it or if I've missplaced it somewhere as I cannot find it alongside the other letters.

I forgot to tag this one on to the previous post which is the Issue of Proceedings from ELMS: https://imgur.com/a/dleThUV

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Re: If I dispute a money claim and lose, am I likely to have to pay more than the original claim?
« Reply #18 on: »
I'm unsure whether they notified the keeper or not regarding cancellation, I could find out.

It's important. The claimant cannot have two bites of this cherry.

As regards the LoC, they'll have to produce evidence to the court that it was issued. As far as your chronology is concerned it runs:

My email to VCS [dated] stating I was the driver: https://imgur.com/a/AV3rtTv

Notice to Driver [dated] and reverse side: https://imgur.com/a/wPnDY5r

Email chain between myself and manager of land: https://imgur.com/a/LVBqkGT (note: emails read bottom to top on each image then continue to next image)[dates pl, specifically your first email in response to their notice]

Email trail between manager and VCS: https://imgur.com/a/tacNnrR (note: bottom to top again)[date range]

Email I sent to VCS: https://imgur.com/a/R8WGyT0
[date pl]

Letter from ELMS Legal: https://imgur.com/a/R3OEaOf
[date]
Message to VCS from myself through their website, date 19/03/2024: https://imgur.com/a/cTCzhDW (I only have this screenshot of when I sent it)

I think some dates are just visible in the emails, but getting them up front assists our understanding.

We need to have a full understanding before you launch into a template defence!

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  3. If I dispute a money claim and lose, am I likely to have to pay more than the original claim?