Letter of Claim - BW Legal/NCP

System

Send the reply to the LBCC. See if what they come back with prompts any memories. The letter is wordy but fine. You need the pics of the car, the signs, and the site map. The rest is a bonus.

Manc88

Thanks again both for the advice.

Coupon-mad, I moved house c.3 weeks after the date of the alleged incident. Can't remember exactly when I updated my V5 after that. Thanks for clarifying the point on the signature too.

IamEmanresu - I'll be sending the reply to the LBCC this week and will update this thread once I receive a response.

Coupon-mad

I'll be sending the reply to the LBCC this week

Make sure you confirm at the very start: 'This is the only postal address to use for service and your client must now update their records and remove the old address'.

nosferatu1001

...if you proceed to a claim issued against a previous address, I willl move to have the claim struck out and costs awarded, as you will have knowingly used an address not for service. You will be held liable fo r all costs.

Manc88

Thanks both. I've added in the points about the address. Final draft response below:

BW Legal,
Enterprise House,
Apex View,
Leeds,
LS119BH

Your Ref: XXXX

Dear Sirs,

I am in receipt of your Letter Before Claim of X.

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 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 you have referenced the Pre-Action Protocol For Debt Claims in your letter, 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, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. 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”
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. Provide details of the original charge, and detail any interest and administrative or other charges added
10. 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.

I also bring to your attention your reference to your client issuing a PCN for the alleged incident, as well as attempts to engage with me. I have not received either a PCN or any other correspondence from your client relating to this matter since the date of contravention detailed in your letter, and therefore request evidence of these being issued.

Any claims or future correspondences are to only be served to my address of service, which is:

XXX

This is the only postal address to use for service and your client must now update their records and remove the old address. If you proceed to a claim issued against a previous address, I will move to have the claim struck out and costs awarded, as you will have knowingly used an address not for service. You will be held liable for all costs.

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
Squiggle
Name

Coupon-mad

I'd remove this, it is too wordy and the PAP is not new now:

As you have referenced the Pre-Action Protocol For Debt Claims in your letter, 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.

Manc88

Letter sent yesterday. Will update once I get a response.

Manc88

Hi all,

I have now received a reply to this. Looks to be a pretty generic response as expected, and they are not willing to provide anything I have asked for.

Just tried uploading the letter but can't post with links owing to being a new member

Is there any way to show the letter for reference? If not, I'll have to type it out later.

beamerguy

Manc88 wrote: »

Hi all,

I have now received a reply to this. Looks to be a pretty generic response as expected, and they are not willing to provide anything I have asked for.

Just tried uploading the letter but can't post with links owing to being a new member

Is there any way to show the letter for reference? If not, I'll have to type it out later.

upload to a free site and then show the link as hxxp
and we will convert it

Manc88

Thanks beamerguy. Like this:(?)

[IMG]hxxp://i63.tinypic.com/2vipimu.jpg[/IMG]
[IMG]hxxp://i63.tinypic.com/35letc9.jpg[/IMG]