ELMS legal letter before claim.

[Si_dean]

Hi All, new to this site and was hoping for some advice
From you guys.

So a 4-5 months ago i randomly received a letter from DCBL out of the blue from something dating back to 02nd April 2017!
Long story short i stopped for a second to pick my girlfriend up and i got a fine at LIverpool airport. Again, this was April 2017!!

Original letters where from (BW Legal) After sever episodes of “letter tennis “ back and two from them disputing the fine (and all recorded post and printed a copy of) not heard anything bCk from them for years.

until randomly out of the blue i received a “notice of debt recovery for Ł160 … from DCBL which was a few months back.

All the usual bla bla bla and even at the bottom of the 1st letter from DCBL it says this case is NOT subject to high court of bailiff action on their first letter …

Gathering these are just begging letters ive ignored them
and this morning (27-09-21) ive now received a letter from
ELMS legal titled LETTER BEFORE CLAIM and goes on to say more fees could be added etc and threatening with CCJ’s.

Do i just ignore here as thats exactly what they are, begging letters or do i meed to respond?

happy to provide any further info if you need it.

[ostell]

If it says Letter Before Claim you need to respond. To ignore invites a CCJ against you.

So do they know who was driving? Do you have the original NTK you can post up

[Si_dean]

ostell , thanks for the reply there.
As for do they know who was driving, well, with my letters i sent back to them (as per advice on other forums) i questioned everything from the speed at which your are travelling to be able to read the no stopping signs in a safe manor / to bylaws etc ….
do you want me to post a pic up of each letter ? Happy to do if required?

also, im a complete newbie so not to sure what a NTK is (sorry for being a bit thick) can you explain what this is?

much appreciated

[ostell]

Notice to Keeper. Normally the first letter received. Post that if you have it

[Si_dean]

Ok, so the very first few letters from vehicle control services who are the company that issue the “so called” penalty i dont have a copy of those letters…. But after ignoring those letters
thats when BW legal got involved snd i did reply to them
a few times (copies of all those i do have and my subsequent replies back to them).
shall i upload a copy of the first letter that BW legal sent me back in 09th Oct 2017?

[ostell]

No, need the initial letter.

So SAR to VCS and write to BWL requesting all documents that the intend to use in court, such as, but not limited to, the PCN and the signage that created the alleged contract.

[Si_dean]

Can you explain what a SAR is? Sorry im just not familiar
with the terminology.

with regards to pictures, as part of my letters i wrote back
to BWL they replied with copies of pictures of which i contested with another reply and it was since i did this, and also concluding on my letter that any more letters would be considered as (prima facie harassment) and needless to say i never heard anything from then again. Fast forward to recently where it looks like that they’ve sold the “so called”
debt onto another agency, this time being ELMS legal.

i cam upload a copy of the pictures that BW Legal printed and attached to a letter back to me and my reply back to them?

[ostell]

They haven't sold on the debt, they are not allowed to under their contract with the DVLA.

SAR: Subject access Request. Look in the shortcuts panel on this page.

[Si_dean]

Hi,

so if they havent sold the debt on, then how have have a new legal firm got my details and subsequently started sending me letters in doing so??
Bot to mention the lengthy gap of a few years going by with nothing further receiver from any of them?
isnt that pssing my details on, including the debt?

going forward, you mentioned about writing to BWL legal requesting all documents that the intend to use in court, such as, but not limited to, the PCN and the signage…. Well i already did that and have a copy of it.

if you like, i can upload a copy of the letter i sent them asking for evidence, then their reply and my subsequent last reply to them which then halted all corrispodance for a few years.

[october 07]

Hi, I am in the same position as you, I have received a Letter before claim this week after nothing since March 2020. I was considering following the same advice that you have been given.
Have you had a reply yet
Regards

[ostell]

BWL are solicitors acting for the parking company. The debt has not been sold.

Need to see the original PCN to see what they are claiming

[Si_dean]

Hi Os

if i don’t have the original PCN Then where do i go from
here?

i know why i dont have it thinking back ….. so my address im at now Ive been here for over 10 years and i updated my driving licence to reflect this when i moved here.
At the time, my paper counterpart bit hadn't been updated snd so VCS were sending letters (incl . The original PCN).

VCS weren't getting any response as i wasn’t at that address to respond back, hence BW Legal then started sending letters to my current address (of which i replied back to) and i have copies of each of theirs and my replies.
one of these letters from BW Legal shows their pictures which i asked for evidence of.
i think it may help if i show you what they sent me and my subsequent reply.

[Si_dean]

Hi Ostell

if i don’t have the original PCN Then where do i go from
here?

i know why i dont have it thinking back ….. so my address im at now Ive been here for over 10 years and i updated my driving licence to reflect this when i moved here.
At the time, my paper counterpart bit hadn't been updated snd so VCS were sending letters (incl . The original PCN).

VCS weren't getting any response as i wasn’t at that address to respond back, hence BW Legal then started sending letters to my current address (of which i replied back to) and i have copies of each of theirs and my replies.
one of these letters from BW Legal shows their pictures which i asked for evidence of.
i think it may help if i show you what they sent me and my subsequent reply.

[ostell]

Address on driving licence is irrelevant, it's the adress on the V5, car registration document that matters

See post #6

[Si_dean]

I’ll do SAR to VCS but as i’ve already got pictures of signage and other information from BWL legal such as a picture of my car (but no visibility of driver) , do i still need to write to them to request this.

re the original PCN , i was explaining why i dont have the original as one way or another they were being sent to my old address which is their own doing.
this obviously mattered to them when they realised they where getting no response and started sending to them to my current address.

funny how they waited so long and get yet another solicitor on the case now