Letter of Claim - Residential Parking Space

The_Deep wrote: »

Are you an owner or a tenant? What does your lease/AST say about parking? Does it say that a permt is required to park?

I am an owner. The Management Agency are sending me all lease clauses regarding parking so I will post these once I get it through.

Thanks for the link I had been on the parking pranksters site and it has a couple of similar examples which will be useful.

Also, here is the response from the management agent so far:

!!!8220;Good afternoon

I have attached two sections of the lease relating to Car Parking, a plan of the site giving space numbers and a RESIDENCEXX Management Co from the developer which allocates spaces to apartments. (Have covered other spaces ref GPDR)

(Please see the clause attachment here)
hxxp://i1240.photobucket.com/albums/gg500/Drivebycar/A17FD749-713A-47A1-8EDF-14F7623B136B.png

It appears that the contract with NTC for RESIDENCEXX is a call out basis not a patrol basis. This means that someone should only call them out if someone is parked in their space. Obviously, you are parked in your own space so nobody should have called them out.



I can only find an out of date contract here but it was call out only and specified no to patrolling.!!!8221;

I also need to check my lease paperwork as I believe there is a different paragraph in there on car parking. I will post this when I have it.

I will have the final part of the lease info soon to have my evidence.

In the mean time I was going to use the recommended response from the newbies section to get all the info, however I wanted to wait for any advice as to any amendments or additions before sending:

Dear Sirs,

I am in receipt of your Letter Before Claim of 26th September 2017.
Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

As proceedings have not been issued, if your client intends to pursue the matter further they are on notice that since 01 October 2017 a protocol is applicable. Your letter lacks specificity and therefore this letter should be treated as a formal request for all of the documents / information that the protocol now requires your client to provide. Further, I trust that no proceedings will be issued without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court when costs come to be considered.


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. Quite frankly, I find it astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' just days before the pre-action Protocol changes.


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 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, provide a copy of that contract bearing my signature. Or is the claim for trespass? If so, provide details.
6. 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
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. Details of the additions 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

Umkomaas wrote: »

As you have 4 tickets you should question the DVLA as to who obtained your details (using your VRM) and when. The PPC needs to have accessed your data on 4 separate occasions in order to invoke Keeper Liability. Give that date range from the first parking incident to 28 days past the fourth incident.

Email the DVLA giving your full name and postal address, the full name and address on the V5C (logbook) and the vehicle's registration mark (VRM).

SubjectAccess.Requests@dvla.gsi.gov.uk

Turning to your response to the LBC - could you give us the date of the post from which you copied that, because some of the references in your reply have been superseded.

Thank you for the advice, I have emailed the DVLA as suggested.

I took the template from the post on the Newbies sticky. However when checking again I have now replaced the letter above with the updated wording.

Do I need to mention any other points at this stage or just send this and wait to make a second response?

Thanks for that, I have now amended the above post to an example given after October 2017 to include the new protocol.