Hello,

I would very much appreciate your thoughts on the reply to a "Letter of Claim" which I have written and will send to DCB Legal. As per the newbie thread, I have requested and received the SAR from Bank Park Management Ltd.

DCB Legal
Direct House,
Greenwood Drive,
Manor Park,
Runcorn,
Cheshire.
WA7 1UG

13th January 2020

Ref: xxxxxxxx

Dear Sirs

Re: LETTER BEFORE COUNTY COURT CLAIM dated 19th November 2019

I am writing to acknowledge receipt of the above letter.

The alleged debt is disputed, and any court proceedings will be defended.

As advised in your Letter of Claim, I have read the Pre-Action Protocol for Debt Claims.
The Letter of Claim I have received does not meet the Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d)), 5.1 and 5.2. It does not provide me with sufficient details of the claim

1. Whether they are pursuing me as driver or keeper
2. Whether they are relying on the provisions of Schedule 4 of POFA 2012
3. 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
4. If the claim is for a contractual breach? What is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
5. 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. (CAN THIS STILL BE REQUESTED UNDER GDPR?)
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) at the material time.
8. Provide details of the original charge and detail any interest and administrative or other charges added.
9. Provide a copy of the Information Sheet and the Reply Form

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.

I cannot properly respond to this claim filed against me, I am also unable to understand my position in relation to it until your client has fulfilled their responsibilities as the Claimant, by providing me with the sufficient information that is required of them to go forth with any court proceedings. If your client still proceeds without this information provided, I will seek immediate stay pursuant to paragraph 15(b) of the Practise Direction, and an order that this information is provided.

I would also request that this claim be put on hold whilst I seek debt management advice.

Yours faithfully