P.D. v BPA Pre-action procedure?

Stroma

This kind of thing really annoys Daisy, she says it's not bloody rocket science to send out a fully compliant lbccc , so if it's not difficult for a solicitor to do so, why aren't they complying?

ampersand

Put a copy here first, removing any identifiers, as usual.

sunny1223

here you go -
'I understand the ‘Letter Before Action ‘Criteria is the first step in the formal court process called the ‘Practice Direction on Pre-action conduct’. It is used for cases such as this, where there is no specific pre-action protocol, so it is applicable in this matter. Although your company follows the British Parking Association (BPA) pre-action procedure set out in their code of practice, this does not supersede the law (‘Practice Direction’).
Section 7.3 of the Practice Direction makes no reference to using a code of practice set up by a trade body. It is there purely to incorporate Annex A (see below)
Therefore on this basis, please provide a letter within 14 days which complies with the requirements of Annex A, Para 2 of the Practice Direction on Pre-action Conduct. This ‘should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information’.
Once I receive the required information I will be in a position to provide a formal response to your letter.
I understand that although I have requested a POPLA verification code and you can provide me with one, you have chosen not to. This is because I have failed to lodge an appeal within the timeframes you have stipulated and by so doing, you have chosen not to use the appropriate form of ADR set up by the parking industry.
As I have stated previously, I am willing to have this dispute decided by POPLA to avoid burdening the court with this matter. I invite you to reconsider your position and provide a POPLA Code as soon as possible.'

bod1467

Looks an excellent riposte to me.

PS - who is the PPC? (I'm not sure I see it mentioned anywhere).

sunny1223

Exxxx :-) thanks all for your advice!

Coupon-mad

That's great! If you haven't sent it yet I would remove any suggestion of failure on your part, so this:

'This is because I have failed to lodge an appeal within the timeframes you have stipulated and by so doing, ...'

could be:

'This is because I was not aware of the need to lodge an appeal within the timeframes you have now stipulated since your Notice to Keeper letter was extremely wordy and this important information is hidden in the small print. By so doing, ...'