ELMS/EXCEl problem

[Stanpeg44]

Good afternoon to all,
I hope you can give me some advice. In February, my daughter received two Letter Before Claim letters from ELMS acting for Excel parking services. One letter for £150 in respect of a Parking charge notice in late December 2016, and one letter for £160 in respect of a Parking charge notice in March 2017.
My daughter denies parking in the Excel car park on these dates. She has never received any correspondence from Excel parking, until both these letters arrived. She has now received two county court claim forms and doesn’t know what to do next.
She did have two Parking charge notices in November 2016 and early December 2016 that were passed on to bwlegal. She paid them off monthly and never parked in the Excel car park again.
She thought that the claim letters were for the old parking charge notices, and sent ELMS proof of payment, but they told her that the charges were for different reference numbers from Excel.
She asked for any evidence they had, but she never heard from them until the county court claim letters arrived. I do hope someone can give us some advice on what to do next. Thank you.

[ostell]

So SAR to Excel

CPR 31.14 request to Elms

Templates in the Shortcuts panel

[Stanpeg44]

Thank you for your reply.
Is the SAR the Subject Access Request Letter in the shortcut panel?

[ostell]

Yes, subject access request

[ostell]

So acknowledge the claim on day 5, or shortly after, after the issue date. Nothing in the defence. This gives you 33 days from the date of service to get your defence to the court.

[Stanpeg44]

I acknowledged both claims today. One was issued on the 30th of March and the other on the 31st of March. Will I have enough time to defend both claims?

[Stanpeg44]

On the CPR 31.14 have I got to write down all that is written in the particulars of claim box on the claim form?
On the SAR letter can I remove the part about asking for specific things, as I don’t know what to put.
Thank you.

[ostell]

For the CPR request you ask for everything mentioned in th PoC. The NTK, if the signs are mentioned or a contract then pictures of the signs that created the contract, and any other things that are mentioned

[Stanpeg44]

Particulars of claim:

The Claim is for a breach of contract for breaching the terms and conditions set on private land. The Defendants vehicle, xxxxxxx was identified in the xxxx car park on the xx/xx/xxxx in breach of the advertised terms and conditions; namely Parked after the expiry of the time purchased. At all material times the Defendant was the registered keeper and/or driver.The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a Parking charge notice will be issued, and the defendant has failed to settle the outstanding liability.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.

Have I got to write all of this?

[ostell]

No, you ask for the items mentioned

[Stanpeg44]

Please excuse my ignorance but are the items mentioned, the contract, the signs detailing the terms and conditions of the contract,and the parking charge notice.
Can I ask if they have any photographic evidence of the vehicle.
Also how do I word it on the CPR.
Thank you.

[Stanpeg44]

For the CPR:
Copy of the parking charge notice.
Copy of the notice to keeper.
Pictures of the signs that created the contract at the date of the alleged contravention.
Location of the signs at the time of the alleged breach.
The contract.

For the SAR:
All photos taken.
All letters and emails sent and received.
PDT machine record of payments made on the xx/xx/xxxx.
All data held, and all evidence you will rely on.
A full copy of the parking charge notice.
A full copy of the notice to keeper.

Should I put the name of the car park on the SAR?

Thank you.

[ostell]

SAR is for everything they have about you and you car
CPR no contract other than that created by

[Stanpeg44]

I have received a reply from elms, and they have sent me photos of my daughters car parked on the dates shown on both claim forms. She cannot remember parking on the dates shown, but it is obvious that she did, so what do we do next?
Thank you.