ELMS Legal (Liverpool John Lennon Airport/VCS) Letter Before Claim

[pelotas]

Hello Everyone
Similarly to SI_Dean I have received a Letter Before Claim from ELMS Legal for an alleged offence in May 2018 (I note that there seem to be some revived activity as there are number of these letters now being received, no doubt bought about by slim pickings during the pandemic!). In truth, my wife is receiving the letters and I am representing her interests in this matter, Up until this letter, we have completely ignored all of the other nonsense and threats and we have admitted nothing, including the identity of the driver. The car was simply stopped for a few seconds so that I could read the signage! The date on the letter from ELMS Legal is 24 Sept 2021, it was received on 1 October and the 'settlement date' is 23 Sept 2021! Appreciate that I (we) have to respond to this letter, but I am not clear to whom or to which entity I should respond and in what form. You advice would be much appreciated. Many thanks.

[ostell]

So have you got the first document that was sent, the Notice to Keeper?

It wasn't an offence it was an invoice for an alleged breach of contract

Don't hint at possible driver. Get editing

The Keeper will be responding. Keep the identity of the driver hidden

[pelotas]

Yes I do have the original NTK + 10 other documents prior to the LBF. The car was stopped for literally less than 10 secs so that I could read the sign!
I have ignored all of the letters to date and I have not disclosed any other information. There was a gap of nearly 3 years between the last letter from Zenith Collections in 2018 and the next letter (from dcbl) in 2021.Please let me know what else you need to know, Thanks

[ostell]

So post up a redacted copy of that first letter but leave dates

Edit so that the identity of the driver cannot be inferred, the driver drove, the keeper received the NTK

[pelotas]

Thanks. Posted as requested. img20211004_16550533.pdf

[pelotas]

I've posted the (redacted) NTK - do you have any advice please or do you need to know about the follow-up letters (all ignored). Thanks.

[Southyblues1]

Hi Pelotas,

Hope you don't mind me jumping on this thread.

Similarly we (both myself and my husband) have received letters before claim on 30/9/21, from VCS Ltd. It is relating to a a "parking charge" reason- 46 - stopping in a zone where stopping is prohibited- "offence" 2/1/2018. It was a cold, rainy dark winter's night and we could not read the signs at all. We stopped both cars, as we missed the short term pay entrance due to the terrible weather conditions, for approximately 20 seconds to drop off passengers. All signage that we had passed was on the entrance road into the airport, but required stopping at, as you said to read it! The original NTK was received by both my husband and myself in Early January 2018 with photographic evidence of said "offence".- which we no longer have. It is the exact same form as you have posted on this thread. My husband responded by appealing through their channels which was rejected (no surprise) however, he neglected to name the driver of his vehicle. I have ignored all letters in connection with the alleged "incident" be it from VCS, DRP, Zenith, DCBL all along the way. We have disclosed no further information, and also there has been a big gap in dates of letters etc.

Accompanying the letter before claim is: a general info sheet, referring to seeking debt advice, reply form acknowledging the debt/disputing the debt or some ownership in part to the debt.

I would also appreciate some advice about how to proceed.

Thanks.

[ostell]

Don't be ill mannered by hijacking someone else's thread. It causes confusion. Start your own, with images of NTK, and delete the content of your post

[Southyblues1]

Don't be ill mannered by hijacking someone else's thread. It causes confusion. Start your own, with images of NTK, and delete the content of your post

Apologies- it was never intended to be ill-mannered!

[pelotas]

Disappointing not to have had a reply. I'll try elsewhere.

[ostell]

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability in the format prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


First class post with a free certificate of posting from a post office

[pelotas]

Dear Ostell
thanks for the advice, there seems to be some misunderstanding, however. We have NOT just received the NTK, as advised previously it was in May 2018. What we have now is the LBC. The other thing is that the NTK does not mention POFA.

[ostell]

The notice to keeper does not have to mention POFA but to transfer liability they have to conform to the requirements of POFA. So your defence, and response to the LBC, is that you , as the keeper, cannot be liable for the actions of the driver. Similarly this area is subject to byelaws and RTA and therfore POFA is not applicable.