LBCCC - Gladstones Solicitors

I have gone back to the original NTK. From what I can see, it gives all the details required in the pre action directive. Does my reply to the LBC still stand? Should all that information (which is on the NTK) be in the LBCCC also or is it sufficient that it's in the NTK?

The NTK gives the 'period of parking' to which the charge relates 'the charge having been incurred for overstaying the the pre paid time that you paid for' but gives no details as to how much time the over stay was?

LBC from Gladstones is obviously a generic one, I just need to make sure i'm fighting the right battle.

Thanks in advance.

Thanks for that CM.

Will go to the car park today!

Will redraft my letter also and include/amend points.

Cheers!

Of course!!!! Thanks CM. The wording is quite deceptive to the untrained eye!

They havent said that they will pursue the keeper for the amount they!!!8217;ve said !!!8216;on the assumption that they were the driver!!!8217;

God, this just keeps getting better!

Should I include this in the letter? Or just stick with what I have and reserve this nugget for the next stage...which seems inevitable?!

Could I add in a breach of s62 of the Consumer Rights Act in this also?

Letter is largely the one prepared by Loadsofchildren123 (thank you) and I have added some text so that it is more relevant to our situation.

Gladstones Solicitors
The Terrace
High Leigh Park Golf Club
Warrington
Cheshire
WA16 6AA

19th March 2018

Your Ref: XXXXXXX

Dear Sirs,

I am in receipt of your Letter Before Claim of 6th March 2018.

Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon nor does it contain any mention of what evidence your client intends to rely on.

The Notice to Keeper which has been served is not compliant with POFA 2012, since there can be no assumption made that the keeper was the driver thus cannot rely on POFA Schedule 4. The registered keeper cannot be held liable under any applicable law, nor can any assumtions be drawn (Henry Greenslade, Barrister and Erstwhile Lead Adjudicator of POPLA confirmed the position in law in the annual POPLA Report. Any debt to your client is denied as they have failed to show locus standi and failed to follow the protocols of paragraph 6 and 9 of the POFA to create any liability by anyone in this matter.

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.

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.
10. All photographic evidence showing where the car was parked when the (alleged) breach was made.
11. Images of the time displayed on the P&D machine at the material time.
12. Evidence that the time on the machine was correctly synchronised with GMT.
13. Details of the amount that was paid and the length of overstay (as these details were not in the NTK) so NTK does not meet the POFA 2012 on this basis.

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) !!!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. 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.
XXXXX


TIA!

Yes The Deep! That was something I was just reading about in another thread.

Will take a look at examples of letters (if I can find some) and draft alerted to them also.

Thanks!