HX Car Park Management PCN wrong reg typed into machine

[FONT=Times New Roman, serif]Dear Sirs, [/FONT]


[FONT=Times New Roman, serif]My reference: xoxooox[/FONT]


[FONT=Times New Roman, serif]When your client first contacted me I requested dated photos of all the signage on site and all images of the vehicle in question. [/FONT]
[FONT=Times New Roman, serif]This request was ignored, a simple ‘pay here’ was sent instead.[/FONT]


[FONT=Times New Roman, serif]This Letter Before Claim, however, contains insufficient detail of the claim and, again, fails to provide the photographic evidence which I requested in April 2018. 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. [/FONT]


[FONT=Times New Roman, serif]Please note: I have physical evidence that the parking fee displayed on the signage applicable to the vehicles stay was purchased on the day in question. [/FONT]
[FONT=Times New Roman, serif]This evidence has been sent to your client and ignored.[/FONT]


[FONT=Times New Roman, serif]I require your client to comply with its obligations by sending me the following information/documents:

1. 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)[/FONT]
[FONT=Times New Roman, serif]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. a copy of the contract with the landowner under which they assert authority to bring the claim
5. a copy of any alleged contract with the driver
6. a plan showing where any signs were displayed
7. details of the signs displayed (size of sign, size of font, height at which displayed)
8. A detailed explanation of costs that you have added on to the original charge, what that represents and how it has been calculated.[/FONT]


[FONT=Times New Roman, serif]The alleged debt is disputed and any court proceedings will be vigorously defended.

This Letter Before Claim 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 with. 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.
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[FONT=Times New Roman, serif]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.


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, [/FONT]


[FONT=Times New Roman, serif]Norman Tebbit [/FONT]