Solicitor Letter Response?

Mike172

Loadsofchildren123 wrote: »

This is not a Letter Before Claim, it's just another debt collector's letter (even though it has the Gladstones letterhead).


Ignore it.


When you do get a Letter Before Claim (this will be labelled as a LBC and will refer to the Practice Direction - Pre-Action Conduct and Protocols and it will ask for a response within 14 days) you should respond to it. The letter will provide barely any information - respond by asking for the following information:
1. what the cause of action is
2. whether they are pursuing you as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are (where it is claimed the car was parked, for how long and how the monies being claimed arose)
5. a copy of the contract with the landowner
6. a copy of any alleged contract with the driver
7. a plan showing where any signs were displayed
8. details of the signs displayed (size of sign, size of font, height at which displayed)
9. If they have added anything on to the original charge, ask them what that represents and how it has been calculated.


Tell them that you are entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction, and you need it to comply with your own obligations under paragraph 6(b).


Warn them that if they do not provide this information then you will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) – Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855.

End by saying that until they provide this information/evidence then you cannot respond to the alleged claim or consider your position, and in those circumstances it is entirely premature to issue proceedings and if they do so then you will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.


These cases are all authority for how the court should punish a party who fails to comply with the Practice Direction.


Don't expect this to necessarily work. They always ignore the practice direction - but quoting this case law may make a difference. And you are protecting yourself on costs later by writing this letter and putting them on notice early on that you want this information and cannot respond to the claim properly without it.

Thanks for this. Bookmarked.

BathCarOwner

As a side note, I have just discovered that the loading bay in which my vehicle was supposedly parked is located in Union Gate, Bristol ... which was bought by a new owner just 4 days after the alleged contravention. Does this potentially open up any loophole in terms of Park Watch Ltd, their relationship with the owner of the land, and their right to impose a parking charge on it?

Umkomaas

BathCarOwner wrote: »

As a side note, I have just discovered that the loading bay in which my vehicle was supposedly parked is located in Union Gate, Bristol ... which was bought by a new owner just 4 days after the alleged contravention. Does this potentially open up any loophole in terms of Park Watch Ltd, their relationship with the owner of the land, and their right to impose a parking charge on it?

At the time of your 'contravention' the new owners were not involved, so to me they are an irrelevance and don't help your case.

Loadsofchildren123

I agree with Umkomaas, they owned it at the relevant time