Parking - Letter Before Action? Letter Before County Court Claim? Fight back!

James_N

Having fought two small claims actions as a defendant I know first hand how important LBA and the whole alternative resolution process, etc are.
The courts can and WILL penalise action that fails to go through the "hoops" laid down.
This whole area is critically useful to use when up against real cases - but as a previous poster notes, the procedures and responsibilities work BOTH ways

bazster

Bumpity-bump.

Coupon-mad

Bumpity bumpity bump, needs to be a sticky thread?!

zzzLazyDaisy

I have put a link to this thread to the small claims court sticky.

Dx

zzzLazyDaisy

Here is the full text of The Practice Direction on Pre-action Conduct, Annex A Para 2:

2. Claimant’s letter before claim
2.1
The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –
(1) the claimant’s full name and address;
(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);
(3) a clear summary of the facts on which the claim is based;
(4) what the claimant wants from the defendant;
(5) if financial loss is claimed, an explanation of how the amount has been calculated; and
(6) details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.
2.2
The letter should also –
(1) list the essential documents on which the claimant intends to rely;
(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;
(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and
(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.
2.3
Unless the defendant is known to be legally represented the letter should –
(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and
(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs.

hoohoo

I hope this is the right thread to detail what is actually happening in cases.

Where defendants are attempting alternative dispute resolution after court proceedings have been initiated, ParkingEye are sending a template reply back saying that their letters make it clear that their appeal system can only be used for 28 days after the initial charge notice and that ADR is therefore now not possible. They also incorrectly state that "POPLA will only accept an appeal from a motorist who has appealed to the operator within 28 days. This is POPLA procedure"

They are also refusing to provide contract, breakdown of loss and signage information, saying they will either provide these in their witness statement or evidence them in court.

It seems to me like they do not think the rules apply to them.

I guess we will have to wait and see whether the court thinks otherwise.

zzzLazyDaisy

In order to make the best use of the Practice Direction, it is very important to get in early, acknowledge their letter before claim and point out where it fails to comply with the Practice Direction. The RK/Driver should continue to a) keep trying to get them to comply with the PD and b) make every effort to comply with the the PD themselves. The Claimant required to complete this process before starting proceedings.

Where the defendant has ignored the Letter before Claim, the Claimant is entitled to issue proceedings and the RK/Driver has lost a lot of the advantage of using the PD. Nevertheless, if the Letter Before Action did not comply with the PD - and in particularly did not refer the Defendant to the PD (as it is required to do) there is nothing to be lost in bringing this matter to the attention of the court and asking that proceedings be stayed to allow the parties to comply with the PD.

If that doesn't work, you are back to the good old fashioned way - that is to say, sending the Claimant a formal request for Further Information of the Claimant's Case (sometimes referred to the older term of 'further and better particulars') together with a request for Disclosure of Documents, early in the proceedings, and giving them 14 days to respond failing which you will seek the assistance of the court. If they refuse to provide the information requested, then send a copy of that letter to the court and ask that an order be made compelling the Claimant to provide the additional information and documents requested, in order for the Defendant to prepare for the hearing. Tell the court that you were left with no alternative but to make these requests for information and documents owing to the Claimant's failure to comply with the Practice Direction on Pre-action Conduct, before starting proceedings.

It is important that the request for information and the request for documents is short and punchy and makes it clear what the points in issue are - anything that rambles all over the place and goes off at a tangent will almost certainly be refused by the court.

AS an example of Information, say the Claim states that the Defendant owes £100 for an unpaid parking charge - the request for information would quote that part and the ask for further information.

EG

Of 'The Claimant is PPC Ltd
Please state a) if the Claimant is the landowner
b) If the Claimant is not the landowner please explain the Claimant's legal standing to bring these proceedings, providing copies of any documents that the Claimant proposes to rely on.

Of 'The Defendant owes £100 for an unpaid parking charge'
Please state a) how this charge has arisen (in particularly is it a contractual charge, a charge for trespass, or a charge for breach of contract)
b) please quantify how the charge has been calculated
c) please identify and quantify any loss claimed

etc... you get the gist of it...

zzzLazyDaisy

Apologies for bumping my own thread...

I've tidied up the 1st post, which will hopefully make it easier to follow for posters with no/little knowledge of these issues.

Dx

appletreetop

This is so helpful, thank you. I’ve just received my Letter Before Action from PE today, my Acknowledgement letter will follow it…

GeoffBungle

As requested by Daisy, link to my own draft reply here:

forums.moneysavingexpert.com/showthread.php?t=4727436