InterCity125 Thanks for the reply. It is much appreciated.
I did actually receive a reply to the first letter of claim. Please see my post at January 06, 2026, 12:26:48 pm
Here is a new version -
I refer to your Letter Before Claim dated 4 September 2026. This letter constitutes my response to that Letter Before Claim.
I note that this is the second Letter Before Claim issued in relation to this matter. I reserve my position as to the appropriateness of issuing a further Letter Before Claim rather than addressing and progressing the matter following the previous correspondence. Should proceedings be issued, I reserve the right to bring the history of this matter and the conduct of the pre-action process to the attention of the Court.
The sum of £170 is disputed in full. I do not admit any liability and will not make payment.
The alleged contravention of “Obstructive Parking” is disputed. Please identify the precise contractual term relied upon and explain the factual basis on which you allege that the vehicle was causing an obstruction.
I also dispute that the terms relied upon were sufficiently clear and prominent to form a contractual agreement. The location has the characteristics of an ordinary access road rather than a clearly designated car park, and the signage indicating the private-land restrictions is readily capable of being obstructed. I reserve my position on the adequacy and prominence of the signage and whether the alleged terms were sufficiently brought to the driver's attention.
I also reserve my position concerning keeper liability under Schedule 4 of the Protection of Freedoms Act 2012. The Notice to Keeper does not specify a defined period of parking, as required by paragraph 9(2)(a). It gives an incident time of 09:51 and refers instead to the period “immediately preceded” the incident time. I therefore reserve my position that the Notice to Keeper does not comply with paragraph 9(2)(a) and that keeper liability under Schedule 4 is not established.
The additional £70 is also disputed. Please provide the contractual and/or legal basis for this sum and explain how the amount claimed has been calculated.
I note that the site-specific agreement supplied in the previous appeal material dates from 2016. Please confirm that this is the agreement upon which your client relies and that it remained in force and authorised your client to issue parking charges at the location on 20 September 2024.
If your client intends to proceed with a claim, I will defend it and rely upon the evidence and legal arguments available to me.
Yours faithfully,