ES Parking IAS

Coupon-mad

No, you need to look reasonable by responding, to ask for what you want to see (all photos? all letters and the PCN their client reckons were sent?) an stating why you are not liable.

NO TEMPLATE PLEASE.

In your own words.

Tabz123

I havr looked at the FAQ sticky that shows a LBC temate response. Shoukd that not be used?

I note from the drafted template a couple of points that may not apply and want to check a few points to ensure I would not be suffer any prejudice in court;

1. ES sent images of a vehicle they propose to be that which I am allegedly the keeper of ( images dont show reg but just the windscreen)

2 . I have not received any debt collection letters..

Coupon-mad

I havr looked at the FAQ sticky that shows a LBC temate response. Should that not be used?

No it's old (2017) and I am going to remove those darn templates when I'm not feeling ill with a head cold as I am this weekend!

I mean it when I say:

NO TEMPLATE PLEASE.

In your own words. I wasn't asking you to ask for debt collector letters - you want all data, all photos, etc., so you can see their hand.

Tabz123

Dear Sirs,

Thank you for your letter of x.!

When your client's debt collectors first started contacting me, I asked them for details of the basis upon which money was being claimed, including all photographs taken of the vehicle at the relevant time. Extraordinarily, I was told (in blunt terms) by [name of debt collectors] that no such evidence would be provided "until this gets to court" [try and reproduce the exact words used].!


You have now sent a Letter Before Claim. However, your letter contains insufficient detail of the claim and, again, fails to provide the photographic evidence which I requested as long ago as [date - if you don't know exact date, put the month and year]. It does not even say what the cause of action is. Nor does it contain any mention of what evidence your client intends to rely on, or enclose copies of such evidence.!


This action on the part of your client is a clear breach of its pre-action obligations set out in the Practice Direction - Pre-Action Conduct, with which as solicitors you must surely be familiar (and with which your client, a serial litigator of small claims, must also be familiar). As you (and your client) must know, the Practice Direction binds 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.!


Nobody, including your client, is immune from the requirements and obligations of the Practice Direction. Your client cannot simply refuse to provide the relevant information "until this gets to court" [or whatever they said].!

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 car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
5. a copy of the contract with the landowner under which they assert authority to bring the claim
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, what that represents and how it has been calculated.

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

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) – 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. I will draw to the court the fact that I have expressly requested this information since as early as [date or month/year of first request] yet your client has refused to provide it, saying that it will not do so until this matter reaches the court.!


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.

Yours faithfully etc.

Tabz123

Ok thanks.

I was just a little stumped as I thought one would need to respond as formally as possible to these horrid individuals.

I will draft a letter and post this week. The LBC i have is dated 02.11.18. It has a reply of 30 days listed below.:eek:

Coupon-mad

Please delete post #35 as neither you nor anyone else should be posting up templates. Stop looking for a template, write it yourself.

You are not stumped, it's all over other threads - exactly the same, all day every day on here - and I just replied to someone telling them to send a SAR and what to reply to BW Legal. Have look at the threads near yours right now.

Stop panicking about the 30 days...you do know you WILL get sued, so who cares about this stage? You need to be ready for more.

Tabz123

Dear Sirs,

Thank you for your letter of LCB dated xx.xx.xx

I wish to take this opportunity to point out to you that your letter contains insufficient detail of the claim for costs in question.

I politely request that you send me the following information/documents such I maybe able to better :

1. An explanation of the cause of action
2. Whether your clients is pursuing me as driver or keeper
3. Whether you client is 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, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
5. A copy of the contract with the landowner under which they assert authority to bring the claim
6. A copy of any alleged contract with the driver
7. A plan showing where any signs were displayed
8. Any photo evidence applicable to the claim which clearly represents the claim as well as allowing the vehicle to be identifiable (in all representative photos)
9. Copies of any invoices and/or costs of claims your client has allegedly issued

Unfortunately I am unable to respond properly to the alleged claim and to consider my position in relation to it until you are able to provide me with the above information. I greatly appreciate your assistance in this matter

Yours faithfully

xxxxx

Tabz123

Coupon-mad wrote: »

Please delete post #35 as neither you nor anyone else should be posting up templates. Stop looking for a template, write it yourself.

You are not stumped, it's all over other threads - exactly the same, all day every day on here - and I just replied to someone telling them to send a SAR and what to reply to BW Legal. Have look at the threads near yours right now.

Stop panicking about the 30 days...you do know you WILL get sued, so who cares about this stage? You need to be ready for more.

Above is my proposed response to the solicitors LBC....let me know if this works please....

Coupon-mad

What about the SAR to the parking firm which is what is required, online?

Tabz123

Coupon-mad wrote: »

What about the SAR to the parking firm which is what is required, online?

Apologies I am confused...the Subject Access Request? You mean the request for information I sent to ES under GDPR?