SIP Letter Before Claim

ParkingPeter

Hi all,

Sorry for another one of these threads, however I can’t seem to find the exact response to the case.

In Feb 2018, the car was issued a ticket for parking outside a marked bay in an underground car park. The reasoning for this was that a trolley/object from the car park was in the way of the space and couldn’t be moved, therefore the car was parked slightly to the right to make sure the object wouldn’t fall on the car.

The letters were ignored and today I received the 'letter before claim' which asks the liable party to pay £160 or potentially go to court.

What do you suggest as a reply for this case?

Any help would be greatly appreciated.

Thanks,
PP

System

What do you suggest I reply with for this case?

A letter before claim is your chance to ask for information not to give it. So look at the other LBC threads and use a outline from there.

No point in volunteering information at this point as they will just ignore it and send a claim.

ParkingPeter

Thanks for getting back to me. So the strategy has been the ignore, ignore, ignore route which has led to this stage. Is it right to think this is the time to break silence?

Having read through the other LBC threads, I've seen the below template for an SAR- what are you thoughts on going back with this? I thought it would be beneficial to see the pictures they took to make sure they include the trolley / tool that clearly obstructed the front of one of the parking bays.

[Your full address]
[Phone number]
[The date]
[Name and address of the organisation]

Dear Sir or Madam,

Under the GDPR and the current Data Protection Act (DPA 2018), individuals have the right to obtain confirmation as to whether personal data is being processed. If my personal information is being processed, I am entitled to access the following information:

1. Confirm if you are processing my personal data and for what purpose;
2. Confirm any exemption(s) you are claiming;
3. A description of the personal data you have a copies of the same;
4. Details of who has has received or will receive my personal data; and
5. Details of the origin of their data if it was not collected from you.

Under the Data Protection Act 2018, you have one month to supply the above at no cost to myself. Please advise if you intend not to comply with the request or the timescales so that I can take further advice from the Information Commissioner's Office.

Yours faithfully,
[Signature]

Thanks,
CJM

nosferatu1001

Where did you hear that crap about "acknowleding the debt"? Not on here, thats for sure. Its just that - crap.

Yes, you MUST respond to the LBA
But the SAR is NOT that response.
It is ANOTHER letter you send

POst 2 newbies thread has examples

Umkomaas

All the questions you raise in your SAR draft (above) are generic. You also need to ask questions that are specific to your parking event - what they have on you, your vehicle (including all photos), copies of communications already sent to you, with whom, and for what purpose, has your data been shared etc, etc.

ParkingPeter

Thanks. Having read through NEWBIES post 2, there is the following letter which seems to be something along the right lines. I am, in essence, looking to get hold of all the details which they have. They haven't once sent a picture of my car or outlined the full reasons for the fine, nor have they made reference the the obstructed bay which forced me to park with my wheels outside the bay lines.

Would the below be the correct next step to take?

Dear Sirs,

After receiving a Letter Before Claim, your letter contains insufficient detail of the claim and fails to provide the photographic evidence required. It does not state 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.

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.

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,
XXX

System

nor have they made reference the the obstructed bay which forced me to park with my wheels outside the bay lines.

If you have used your own name, you will now need to argue any defence from the point of being the driver.

..therefore I parked slightly to the right to make sure the object wouldn’t fall on my car.

Being devil's advocate, were other suitable bays available e.g. the one you overlapped into?

ParkingPeter

IamEmanresu wrote: »

If you have used your own name, you will now need to argue any defence from the point of being the driver.

I've not responded to anything as of yet, so it's not clear whether I'm the driver or the keeper. Which stance would be best in this case?

IamEmanresu wrote: »

Being devil's advocate, were other suitable bays available e.g. the one you overlapped into?

The bay next door isn't a full size car parking space, it had a generator in the corner of the car park so no other car would've been able to park anyway.

System

Were other bays available?

ParkingPeter

None at all. Packed car park.

System

None at all. Packed car park.

OK when the pics of the car / car park come back, check that as it will be one of the first points a judge will look for. As too will the parking company.