Letter of claim from bwlegal

Could you please comment on this draft letter to bwlegal?

Dear Sirs,

Thank you for your letter of (date)

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 by DRP that no such evidence would be provided plus as I tried to come to conclusion with your client without any luck, your client is causing significant distress to me and my family for over 12 months.
In terms of timing data, Premier Parking Solutions Limited changed machine in that car park as it was not possible to pay by coins at first occasion, which is the sign of faulty or nor working properly machine, which also takes time on top of there are no cameras and no grace period mentioned. It takes time to come from car to machine and back, too on arrival and on return, which was the case because mass was prolonged that day because of many people in church and I was not feeling well to drive, so I paid another £1 and the have proof it was done 8 minutes after first ticked expired, not used full hour and there been space free, too.



You have now sent a Letter of Claim. However, your letter contains insufficient detail of the claim and, again, fails to provide the photographic evidence which I requested as long ago as2014/ 2015. 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.
In terms of timing data, Premier Parking Solutions Limited changed machine in that car park as it was not possible to pay by coins at first occasion, which is the sign of faulty or nor working properly machine, which also takes time on top of there are no cameras and no grace period mentioned. It takes time to come from car to machine and back, too on arrival and on return, which was the case because mass was prolonged that day because of many people in church and I was not feeling well to drive, so I paid another £1 and the have proof it was done 8 minutes after first ticked expired, not used full hour and there been space free, too.


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) !!!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,
XY

Hi everybody, I was reading about subject access, GDPR break or rules and other break of rules of K...which I do not know what do they mean so not sure if to include it in my letter and if it is ok like this. Thank you for your advice and comments.