Gladstones - Technical defence against PCM

Received Letter Before Claim the other day...

It has a paragraph stating:

"If you believe you have a valid reason for non-payment, you are able to reply pursuant to Paragraph 4 of the Pre-Action Protocol for Debt Claims under the Civil Procedure Rules 1998 ('the PAP'). A version of the Information Sheet and Reply Form taken from PAP can be completed on our website [XXX]. Before completeing the online Reply Form, you must first create a login... alternatively, you can request a paper version..."

Question is, do I respond to them with my defence requesting answers (similar to Daniel san's and LoadsofChildren123 letters on the NEWBIES FAQ sticky, post #2 ), or use Gladstones Information Sheet and Reply form?

I would assume the former?

nosferatu1001 wrote: »

You are nto replying with a defence
Their LBC is NOT compliant with thh new PAP

So you send the LOOOOOOONG letter that is on the newbies thread.

Yes, that's what I mean... the long letter! :T

Right... below is my draft letter before I finalise and respond to Gladstones Letter Before Claim.


I will appreciate any feedback/corrections, and advice:



"Dear Sirs,

I am in receipt of your Letter Before Claim of [DATE].
Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

Your client must know that on 1st October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat this letter as a formal request for all of the documents / information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of PCM UK Ltd to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

As solicitors you must surely be familiar with the requirements of both the Practice Direction applicable pre-1st October and the protocol that applies thereafter (and your client, as a serial litigator of small claims, should likewise be aware of them). As you (and your client) must know, the Practice Direction and Protocol bind 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. It is astounding that a firm of Solicitors are sending a consumer a vague and un-evidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

Nobody, including your client, is immune from the requirements and obligations of the Practice Direction and now the Protocol.

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 vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide me a copy of that contract.
6. Is the claim for trespass? If so, provide details.
7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 “establishing yourself as the creditor”
8. A plan showing where any signs were displayed for where the vehicle was parked
9. Details of the signs displayed (size of sign, size of font, height at which displayed)
10. Photos of the sign where it states (in writing) where the vehicle of the alleged contravention was parked is an official parking bay which sits within the remit of the restricted area.

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 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

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"

Umkomaas wrote: »

Is that draft any different to that in the NEWBIES FAQ sticky? Have you made any changes? If so, point out where they are, that will help us focus attention.

So I read the two on the NEWBIES FAQ sticky and merged the relevant information together, and what would best suite my situation. The only changes I made was by adding point 10 (in bold)