VCS ANPR ticket LBC received

Ref: XXX



Dear Sirs,



I am in receipt of your Letter Before Claim of XX July 2018.

First, I!!!8217;d like to inform you the change of address. The NEW address will be effective from (DATE). Full address: XXX.

With effect from the above date, any further communication from you and/or your agents must be sent to the new address, and under no circumstances should the former address be used.

Your letter contains insufficient detail of the claim and fails to provide copies of evidence you place reliance upon.



You must know that on 01 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 you to provide. You must not issue proceedings 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 and to ask the court to stay the claim and order you to comply with its pre-action obligations, and when costs come to be considered.



As litigation department you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter (and you, as a serial litigator of small claims, should likewise be aware of them). As you 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 unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.



Nobody is immune from the requirements and obligations of the Practice Direction and now the Protocol.

I require you 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 to 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

9. details of the signs displayed (size of sign, size of font, height at which displayed)

10. Provide details of the original charge, and detail any interest and administrative or other charges added

11. Provide a copy of the Information Sheet and the Reply Form



If you do 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 you 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 you have complied with your 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 you to issue proceedings. Should you 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

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Actually I just copied from Daniel san's one and replaced all 'your client' with you (as it's sent from their litigation department). Any comment on that?

KeithP wrote: »

Should be:

Until you have complied with your obligations...

Thanks for pointing out. I've revised that.