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VCS Intention to start Court Proceedings letter

I have been following the newbie thread instructions and have done the following for the claim in regards to claim that a car was parked in one of their car parks:

1. I ignored about 6 or so letters from debt collectors.
2. I received a letter before claim and replied with the following - To whom it may concern,

I received your Letter Before Claim dated --th -- 2018.
Your letter has insufficient details of the claim and does not provide copies of evidence your client bases the claim on.

Your client must know that on 1st 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 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 said protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and ask the court to halt 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 before 1st October 2017 and the Protocol which applies thereafter. 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 is sending a consumer a vague 'Letter Before Claim' without any evidence attached, in complete ignorance of the pre-existing Practice Direction as well as 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 I am pursued as driver or keeper by your client
3. Whether they are relying on the provisions of Schedule 4 of POFA 2012
4. What are the details of the claim; where specifically 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, what is the date of the agreement? What are the names of the parties to it and provide me with a copy of that contract.
6. Is the claim for trespass? If so, provide details
7. Provide me 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, establishing yourself as the creditor
8. A plan showing where any signs were displayed, both at the entrance to the parking space area as well as within the boundaries of the area
9. Details of signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form


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 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.


3. I received reply stating there is no photographic evidence of the driver, stating that contract with the landowner is commercially sensitive and stating that contract with the driver does not have to be in writing. They also sent a blurry satellite photo of a parking lot which shows 3 warning sign locations and no post mounted warning signs. It also shows borders of protected area.

I have not replied to this as I was out of the country for over a month and I just returned. I got a letter in mail dated 20/6/18 stating:

"I am disappointed to note that we have not reached an amicable agreement in respect of our "Letter Before Claim" despite our engagement in open correspondence. As such, in accordance with the Pre-Action Protocol ("for debt claims") clause 8.2 we are giving you 14 days notice of our intention to start court proceedings."

Kindly let me know what my options are now and obviously this is urgent since I was absent and was not able to read the letter before today. Do I just wait for court hearing or do I reply to this letter?

Looking forward to your replies.
Thanks.

Comments

  • Coupon-mad
    Coupon-mad Posts: 155,642 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    https://forums.moneysavingexpert.com/discussion/5835045/defence-due-4pm-monday-20th-aug

    Same as this one! Your time is best spent reading lots of VCS or Excel defences.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Quentin
    Quentin Posts: 40,405 Forumite
    hopper85 wrote: »
    Do I just wait for court hearing or do I reply to this letter?

    .


    Still a long way to go before a hearing


    See #2 in the Newbies FAQ thread #2 which covers court claims right through from the letter before claim to the hearing to get an understanding of the process
  • Thanks for your replies.

    So I do not need to reply to their "Intention to start Court Proceedings" letter since it is pretty much the same as the "Letter before claim"?

    Thread #2 is about court hearing and preparing defense. Does that mean that I should actually wait for court claim or do I actually have to reply for the second time "robustly"? If later, what do I actually write about for the second time?

    Do I need this new thread or have I started it too early in the process?
  • Quentin
    Quentin Posts: 40,405 Forumite
    Now wait for the court claim

    #2 in the FAQ takes you through what to do when it arrives
  • I'll get back to you then.
    Thank you for your support so far.
This discussion has been closed.
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