LBA Response

bazster

Having seen the very good response to an LBA drafted over on PePiPoo, it strikes me that there is scope for strengthening it. Something like the following perhaps. This would be for a free car park, and would need tailoring slightly for other circumstances. Given that the company contracting the parking vermin is often not the landowner, I am also attempting to push the contractual evidence up the food chain, as it were, all the way to the landowner in order to put the parking vermin to proof that all parties in the chain had a right to contract stemming ultimately from the landowner. The fudging of whether it is a breach of contract or a contractual charge is deliberate. Thoughts?

I am in receipt of your letter dated XX/XX/XXXX.

All liability for the charge you allege is denied.

As you are aware it is necessary for both parties in a dispute to exhaust all possibilities of resolution prior to the commencement of court proceedings. I therefore suggest that you issue me with a POPLA verification code for me to refer the matter for independent adjudication.

I further require you to send the following:

- The name and address for service of your principal i.e. the party with whom you contracted for the provision of services on this land
- The name and address for service of the landowner, if different
- The full text of the contract you allege the driver entered into
- Evidence that the driver agreed to this contract
- Evidence of the consideration given by the driver
- Clear indication of which contractual terms you believe are "core", and reasons therefore
- Clear indication of which contractual terms were individually negotiated, and evidence thereof
- A copy of your contract with your principal which you believe confers on you the right to enter into contracts regarding parking on this land, and to pursue charges
- Where your principal is not the landowner, a copy of the contract between the landowner and your principal which you believe confers upon your principal the right to enter into the contract with you
- An itemised breakdown of the losses you allege were incurred by you as a result of the vehicle being parked on the land
- An itemised breakdown of the losses you allege were incurred by your principal as a result the vehicle being parked on the land
- An itemised breakdown of the losses you allege were incurred by the landowner (if different) as a result of the vehicle being parked on the land
- A VAT invoice for the alleged charge
- A breakdown of every requirement of POFA 2012 Schedule 4 regarding keeper liability, and evidence of how you believe you have met each requirement.

Any case you bring will be vigorously defended, and in that defence I shall require you to produce all of the above (and more). I strongly recommend you abandon your pursuit of this matter in order to save yourselves further costs and trouble.

Yours,

R Keeper

Coupon-mad

Good idea, haven't got long to comment but that looks good and should be in the 'PPCs and Small Claims' sticky.