Gladstone Claim - Help needed on Steps

Hi


I note your claim dated 13th August 2018.

I intend to defend any claim and I invite you to advise your client to withdraw at this early stage, before costs are incurred in defending a claim against me as registered keeper. I believe any claim by UK Car Park Management Limited is baseless and misconceived and is bound to fail.!

If your client will not withdraw, then I ask for your response to the matters above and for the following documents:

i. The contract (or chain of contracts) between your client and the site landowner - not a site agent or other non-landholder - giving your client authority to carry out parking management and on what terms;

ii. Any and all photographs taken of my car on the material dates;

iii. A copy of any document your client asserts sets out the terms of the alleged contract between it and a driver;

iv. A copy of the signs on display and a dated plan of where in the car park they were displayed on those dates;

These are core documents, central to your client’s claim. As such, they are documents which are required to have been produced at an early stage (regardless of whether or not I asked for them) in this pre-action phase, pursuant to paragraph 6 of the Practice Direction – Pre-Action Conduct. I would have expected at the very least, that the contract requested under iii above should have been appended to the Letter Before Claim. I am requesting these documents because I clearly require them in order to be able to prepare a proper defence to any Claim and/or a meaningful POPLA appeal, as is my entitlement. The CPR clearly anticipate an early exchange of information, as per paragraph 6 of the Practice Direction – Pre-Action Conduct, Rule 16 and Practice Direction 16 – any failure to produce the information I have asked for will be nothing other than a deliberate attempt to frustrate my ability to defend the claim and a failure to comply with pre-action obligations.

Any failure by you/your client, to enter into meaningful dialogue in order to avoid unnecessary litigation will mean that you will have denied me the opportunity to 'take stock' pursuant to paragraph 12 of the Practice Direction, or to enter into discussions with you pursuant to paragraph 13. I will seek the sanctions provided for by paragraph 15 of the Practice Direction.!

I require you and your client to cease and desist. To be clear, I decline any invitation to name the driver and this is my lawful right. There the matter must end, because UK Car Park Management Limited have no lawful excuse to use my DVLA data beyond the very basic cause, of enquiring as to the driver's identity. A line must now be drawn under this exchange.!

I expect a substantive response with the documents and or confirmation of cancellation of this PCN within 14 days of this letter.

Yours faithfully,