Letter before claim

Parker93

Hi there,

I’ve just received a “letter before claim” from one parking solution:
The debt relates to a parking charge for which you are liable. Full details of the charge have previously been provided to you within the parking charge notice and/or notice to driver/keeper that have been served upon you. The claimant will rely on these documents in the forthcoming action against you.

We refer to the practice direction for pre-action under the civil procedure rules and in particular paragraph 4 of the same which concerns the courts powers to impose sanctions for any failure to comply.

Unless a satisfactory response is provided, we may start proceedings against you without any further notice in order to recover the amount due and any associated costs that are involved with the recovery of the debt. The amount that is claimed may therefore increase in terms of costs and any interest that is recoverable.

If you are unsure about anything contained within this letter you should seek advice from a solicitor or contact one of the following organisations who may be able to help you: lists of useful contacts numbers.


I’ve had 4 previous letters, the first one was from one parking solution to which I replied and stupidly admitted I was the driver, the next 2 were from zzps, the fourth was from QDR solicitors and this is the latest.

The claim is for £208 for which I pulled into a private car park and pulled up to let a friend out then waited (not in a parking space) for her to return and i stayed in my car. I was in there for 9 minutes and I genuinely didn’t realise because I wasn’t in a designated space and I was in my car that I’d be required to pay. The signs in this car park are minuscule and are unreadable (which I have pictures of) obviously if I had pulled into one of the designated spaces and left my car I would have paid for a ticket to put in my screen!

Any help of what to do next I would be hugely grateful, I’ve read the newbies thread and it says do not ignore next to the LBC so I’m wondering what I should reply with!

This one seems more serious as it’s a letter before claim so my question is do I reply like it says or ignore?!

nosferatu1001

What deadline do they give? Does this LBA comply with teh PAP for debt claims? Im guessing not. If NOT, then you MUST use the long form repsonse which highlights all their failings - check them off, make sure it all applies dont just blindly copy and paste - and send it to them.

Parker93

They don’t give a deadline in the letter. How would I know if it complies with the PAP for debt claims? Also where would I find the long form response to reply to this letter?
Obviously I want to avoid going to court and the stress that comes with that, to say this letter has shaken me up is an understatement!
Thank you for your help.

Coupon-mad

How would I know if it complies with the PAP for debt claims?

Google. Or search this forum for PAP where it's been discussed in every recent LBC case.

I've just received a 'letter before claim' from one parking solution...Obviously I want to avoid going to court and the stress that comes with that, to say this letter has shaken me up is an understatement!

Luckily, when you've done the other Google search I suggest in post #2 of the NEWBIES thread (to read the BMPA page on this company) you will learnt that they also avoid court!!

You need to read post #2 of NEWBIES PLEASE READ THESE FAQS FIRST and calm down.

It's only OPS, they infest car parks in the Brighton area near me and they are easily beaten on appeal, and if they tried court, we do see ordinary people win 99% of the time. You have good grounds to defend and win - signage was minuscule and you sere only there for 9 minutes, well within the BPA mandatory Grace Period in their Trade Body Code of Practice!

No worries here. Relax! You should respond robustly, however. They are saying:

Unless a satisfactory response is provided, we may start proceedings against you without any further notice

So how long have they 'allowed you' to reply? 14 days? 30 days? Did they attach the PAP paperwork required in debt claims, pre-court (Google it).

nosferatu1001

Anytime I see "how do i know if they..>" the answer is alwasy: google the term youre not sure of, and READ it yourself. Then you can see.

This does require you to do your own legwork, as this is your case to defend. WE will do what we can to help but you HAVE to put your own effort in.

Parker93

Okay so after doing a bit of googling this is what I’ve found about PAP for debt claims. Is this what I should be looking at and checking off?

1. the amount of the debt -yes
2. whether interest or other charges are continuing -no
3. where the debt arises from an oral agreement, who made the agreement, what was agreed (including, as far as possible, what words were used) and when and where it was agreed -unsure! No oral agreement and minuscule signage in the carpark.
4. where the debt arises from a written agreement, the date of the agreement, the parties to it and the fact that a copy of the written agreement can be requested from the creditor -also unsure.
5. where the debt has been assigned, the details of the original debt and creditor, when it was assigned and to whom -no
6. if regular instalments are currently being offered by or on behalf of the debtor, or are being paid, an explanation of why the offer is not acceptable and why a court claim is still being considered -no
7. details of how the debt can be paid (for example, the method of and address for payment) and details of how to proceed if the debtor wishes to discuss payment options and
the address to which the completed reply form should be sent. -no.

I’ve also just read their BMPA, only one court hearing in 2017! I wonder if that was a win or lose :think:

They haven’t given a reply time on this letter. It just says “unless a satisfactory response is provided, we may start proceedings against you without any further notice”. There is also no PAP paperwork attached.

Surprise surprise it’s not far from Brighton, it was in Broadwater behind the Starbucks on the high street.

So I’ve read a letter written by LoadsofChildren123 with a reply to a LBC. Is this along the lines of what I need to be replying to this LBC I’ve received? I notice the PAP for debt claims has changed since that was written by LoadsofChildren123 so should I change the wording? This also may sound ridiculous but there is no reply address on this letter only a phone number so should I ring that and ask for an email address or postal address to send this to?

Coupon-mad

I've also just read their BMPA, only one court hearing in 2017! I wonder if that was a win or lose

Might not have even been against a motorist. Unlikely, I'd have said, not just one.

More likely a contractor or some hapless landowner who might have sacked them, ended a contract, etc., or a supplier of signs or machines, or their bank, their accountant, anything!

I've helped people reply to daft letters from OPS and one poster here had about 4 PCNs from them, she was local to me so we got in email conversation so I could support her. She has not told me she has a claim yet and I am not expecting her to get one! She had a notice threatening court, a year ago!

It just says ''unless a satisfactory response is provided, we may start proceedings against you without any further notice''. There is also no PAP paperwork attached.

Well they can't do that.

You have more than 14 days and if they say not, they've breached the new 1st October PAP - if they are saying that court action can follow 'without further communication'.

Search the forum for 'immune 1st October' to find a letter suitable for a parking firm who have threatened court action with only 14 days notice.

So I've read a letter written by LoadsofChildren123 with a reply to a LBC. Is this along the lines of what I need to be replying to this LBC I've received? I notice the PAP for debt claims has changed since that was written by LoadsofChildren123 so should I change the wording?

If that letter is more than 6 months old, forget it and search for a more recent one.

I've had 4 previous letters, the first one was from one parking solution to which I replied and stupidly admitted I was the driver, the next 2 were from zzps, the fourth was from QDR solicitors and this is the latest.

This also may sound ridiculous but there is no reply address on this letter only a phone number so should I ring that and ask for an email address or postal address to send this to?

NEVER EVER RING A PARKING FIRM OR THEIR DEBT COLLECTORS OR SOLICITORS.

If the letter is from QDR, or ZZPS, haven't you got their address from before in th earlier theatograms? Or is it from OPS, in which case just Google 'One Parking contact us' as you would for any company.

Surprise surprise it's not far from Brighton, it was in Broadwater behind the Starbucks on the high street.

I know the place in Worthing, I once worked near there.

Parker93

Would this be a suitable reply to send to the LBC I’ve received? If so then would you recommend recorded delivery so I know they’ve definitely received it?

Thank you for your help, I literally can’t thank you enough :j

One Parking Solution
95 Arundel Road
Worthing
West Sussex
BN13 3EU

21st March 2018

To whom it may concern,

I am in receipt of your Letter Before Claim on 19th March 2018.

Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat and therefore[/s[ this letter as a formal request for all of the documents/information that the protocol now requires your client to provide.

Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

As solicitors you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter (and your client, as a serial litigator of small claims, should likewise be aware of them). As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

Nobody, including your client, is immune from the requirements and obligations of the Practice Direction and now the Protocol.

I require your client to comply with its obligations by sending me the following information/documents:

1. an explanation of the cause of action
2. whether they are pursuing me 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 vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, provide a copy of that contract bearing my signature. Or is the claim for trespass? If so, provide details.
6. a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1
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. Details of the additions to the original charge, what that represents and how it has been calculated.


If your client does not provide me with this information then I put you on notice that I 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) !!!8211; Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

KeithP

Parker93 wrote: »

...would you recommend recorded delivery so I know they!!!8217;ve definitely received it?

Definitely not.
By doing so you are giving the intended recipient the opportunity to refuse to sign for it and thus refuse delivery.
All you then have is proof of non-delivery.

Send it First Class Post and get a free Certificate of Posting from the Post Office counter. Do not just shove it in the nearest letter box.

That's another £1.10 saved.


As you are addressing that letter to the parking company, then the phrase 'your client' should be replace by 'you' throughout.
Your client is used when writing to a solicitor about their client.

For the same reason, the phrase 'as solicitors' is inappropriate too.

Parker93

The LBC I received was directly from One Parking as opposed to a solicitor which is why I assumed I should just respond to them.

Thank you for pointing my mistakes out. I’m glad I have someone that can read things over to check them before I send. All corrected now.

Ill take that down the post office in the morning and send that off first class
Once I receive my reply from them if I post back on this thread will you be able to still see it to assist if I needed it?

Coupon-mad

Yes, every time you reply on your thread it puts it right at the top of the forum, we will help you as long as you need it. No need for a new suit for court, I am sure! It's all hot air from OPS.