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Reply with the following;
To whom it may concern,
I write with reference with your Letter Before Claim which I received this morning - I have duly noted its contents.
I am happy to make the following representation;
It is acknowledged that I am the Registered Keeper of the vehicle in question.
However, the driver is not known to your parking operator client and there is no legal requirement for me to provide such information and I will not be providing driver details under any circumstance because the law does not demand it.
Furthermore, your client's PCN (Notice to Keeper) is not compliant with the requirements of PoFA Schedule 4 Paragraph 9(2) and fails to convey all the conditions which the legislation clearly demands.
Therefore, based on the above, there is no legal route by which I can be liable in this matter and I therefore deny that any monies are owed by myself to your client.
I believe that this letter clearly sets out the correct legal position in this matter.
I am sorry that I am unable to help you further.
Best wishes,
xxxxxxx xxxxxxxxx
Steps before issuing a claim at courtfrom https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#6.1
6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include—
(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;
(b) the defendant responding within a reasonable time – 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and
(c) the parties disclosing key documents relevant to the issues in dispute.
Email the following to help@moorsidelegal.co.uk and CC yourself:QuoteDear Sirs,
Your so-called “Letter Before Claim” is a masterclass in procedural non-compliance. It reads less like a legal document and more like a payday loan advert—complete with “friendly team” and “flexible payment plans.” Charming, but irrelevant.
Let me be clear: this is not a compliant Letter Before Claim under the Pre-Action Protocol for Debt Claims. It fails to provide:• The basis of the alleged claim (contract? tort? clairvoyance?)
• Any evidence whatsoever (no NtK, no signage, no landowner authority, no contract terms)
• A breakdown of the sum claimed (is the £170 damages, consideration, or just wishful thinking?)
• Copies of key documents relied upon
Your letter is devoid of substance, legal reasoning, and basic compliance. It does not enable informed dialogue, nor does it satisfy the requirements of paragraphs 3.1(a)–(d), 5.1, or 5.2 of the Protocol. It is procedurally defective and legally meaningless.
Should proceedings be issued on the back of this nonsense, 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.
Unless a compliant Letter Before Claim is issued, I will be referring this matter to the Solicitors Regulation Authority (SRA) under Rule 1.4 and Rule 2.1 of the SRA Code of Conduct for Firms, on the basis that your conduct:• Misrepresents the legal status of the claim
• Fails to uphold proper standards of legal service
• Demonstrates a lack of integrity and competence in pre-action procedure
Should your client issue proceedings based on this defective LoC, I will present it to the court as evidence of unreasonable conduct and procedural non-compliance. I will seek:• An immediate stay under paragraph 15(b) of the Practice Direction
• A costs order under CPR 27.14(2)(g) for unreasonable behaviour
• Sanctions under paragraphs 13 and 16 of the Practice Direction
If your client wishes to pursue this matter, I suggest they instruct solicitors capable of drafting a compliant Letter of Claim. Until then, I am under no obligation to respond further.
Yours faithfully,
[Your name]