Respond with the following:
Subject: Response to your Letter of Claim – Ref: [BW Legal ref], UK Car Park Management Ltd
Dear Sirs,
Liability denied – residential primacy of contract
I am the long-leaseholder at the gated development where the alleged event occurred. My lease grants vehicular rights over the estate roads for all purposes connected with the use and enjoyment of my property. Any later parking scheme or signage introduced by your client’s principal (the Housing Association, who is also landlord/freeholder) cannot override my superior leasehold rights absent a lawful variation/consent. Accordingly, no debt is owed.
Your Letter of Claim contains bare particulars and encloses no evidence. It is not compliant with the Pre-Action Protocol for Debt Claims (“PAPDC”) paragraphs 3.1(a)–(d), 5.1 and 5.2, nor with PD–Pre-Action Conduct (“PD-PAC”) 6(a) and 6(c), which require you to supply sufficient information and the key documents before litigation is considered.
You allege a breach based on newly installed signs restricting vehicle access “beyond the tarred roads”. Those signs were introduced to deter third-party vehicles (couriers/deliveries), not residents, and are prohibitive in nature (no contractual offer/consideration). The claim is misconceived in a residential context and, further, any temporary stopping for access/loading/unloading is not “parking” (see Jopson v Homeguard).
Documents required (PD-PAC 6(a), 6(c); PAPDC 3 & 5)
Provide the following so that I can take advice and respond formally within 30 days of a Protocol-compliant pack:
1. The full notice chain: any Notice to Driver, the Notice to Keeper, reminders, and proof of posting/serving. Confirm whether you rely on PoFA Sch.4 and identify where each para 9(2) requirement is met.
2. All contemporaneous evidence of the alleged event: time-stamped photographs/video of the vehicle and its exact position; patrol operative notes; handheld terminal logs; copy/photograph of any windscreen PCN.
3. An actual photograph of every sign in situ on the material date (not library artwork), legible in all parts, together with a to-scale site plan showing the location of each sign and the alleged location of the vehicle, and the signage audit/installation record confirming the “new” signs’ commissioning date.
4. The exact term(s) alleged to form a contract with a resident driver, and the clause(s) allegedly breached. For any prohibitive wording (e.g. “No parking/No access beyond…”), explain the asserted contractual basis as opposed to trespass.
5. The written, unredacted landowner/freeholder contract (or principal-agent agreement) in force on the material date granting UK Car Park Management Ltd authority to operate, issue PCNs and litigate at this development, including schedules/site plan.
6. Any document by which the landlord purported to impose/introduce this parking regime on leaseholders (e.g. deed of variation/consent, ballot/consultation under the Landlord and Tenant Act 1987 s.37, or other lawful mechanism) and any subsequent estate regulations said to bind me.
7. A detailed quantum breakdown: identify the legal basis of the £170 principal (consideration or damages), and whether any “debt recovery” element is included and, if so, whether VAT is charged and to whom it is accounted.
Housing Association’s role
Your client acts as the Housing Association’s agent. The HA will be joined as a co-defendant if proceedings are issued. I reserve the right to counterclaim for data misuse and interference with leasehold rights.
Process
Until you provide the above documents, meaningful engagement is impossible. Issuing a claim now would be premature and a waste of court time. Should you do so, I will seek case-management relief under PD-PAC 15(b), including an order compelling disclosure and appropriate costs sanctions.
I will not use any web portal. Correspondence by email or post only.
Yours faithfully,
[Name]
[Postal address]
[Email]
I already informed you on 25th January to ignore the debt collectors in this post: https://www.ftla.uk/private-parking-tickets/cpm-parking-ticket-within-my-housing-complex/msg55014/#msg55014
I received my 4th Debt recovery notice today ... seems to state the deadline being 7 days now ... What should i do ? Will they now proceeed to the CCJ / Decree ? Will I get intimated before the debt collectors turn up at my door ?
Just so as you understand how your imagination is running wild and nothing of the sort will happen, I give you a lesson on how CCJs work and why no one will come knocking at your door:
Why no bailiff can knock on your door
1. County Court Judgment (CCJ):
• A bailiff (enforcement agent) can only get involved after a creditor has obtained a CCJ against you in a county court.
• If the CCJ is under £600, the creditor cannot transfer it to the High Court for enforcement by a High Court Enforcement Officer (HCEO). Instead, enforcement would remain under the county court's jurisdiction.
2. Threshold for High Court Enforcement:
• If a CCJ is over £600 (including fees and interest), the creditor can transfer it to the High Court for enforcement by an HCEO. This is a common method because HCEOs tend to be more effective at recovering money.
3. Cost-Benefit Analysis for Creditors:
• For CCJs under £600, creditors may find it uneconomical to pursue enforcement through county court bailiffs, as they are generally slower and less effective than HCEOs.
• As a result, creditors may opt not to escalate enforcement for small amounts.
4. Private Parking Charges and Bailiffs:
• In the context of private parking charges, no bailiff action can occur unless the parking operator has gone to court, won a case, obtained a CCJ, and you fail to pay the judgment within the stipulated time (usually 30 days).
So, no bailiff will come to your door for a debt under £600 unless the creditor deems it worth pursuing through county court enforcement. However, even if the debt is over £600, bailiff involvement only happens after a CCJ is issued, and enforcement is transferred to the High Court.
Send this to your HA (assuming they are the ones who have contracted CPM in the first place):
To:
[Name of Housing Association]
[Address]
[City, Postcode]
Subject: Formal Notice – Breach of Leaseholder Rights, Joint Liability for Actions of CPM, GDPR Violation, and DVLA Reporting
Dear [Housing Association],
I am writing to formally demand that [Housing Association] instruct its agent, UK Car Park Management Ltd (CPM), to cancel the Parking Charge Notice (PCN) issued against my vehicle. This PCN is a direct violation of my leaseholder rights, and CPM’s actions further constitute breaches of data protection laws and their contractual obligations with the DVLA.
Leaseholder Rights and Primacy of Contract
As per Section 12.6(a) of my lease, I have the right “to pass with or without vehicles over and along the Estate Roads... for all purposes connected with the use of the Property as a private dwelling house.” This right, enshrined in my lease, takes primacy over any subsequent parking scheme or signage introduced by CPM or [Housing Association].
Unless you can provide evidence that my lease has been lawfully varied in accordance with the Landlord and Tenant Act 1987, section 37(5), the introduction of CPM’s parking scheme and enforcement measures cannot override the contractual rights afforded to me under my lease.
GDPR Breach and Misuse of DVLA Data
CPM’s issuance of the PCN and their retrieval of my personal data from the DVLA under the KADOE (Keeper of a Vehicle at the Date of an Event) contract constitutes a misuse of my personal information. CPM had no reasonable cause to obtain my data, as their authority—derived from any agreement with [Housing Association]—is subordinate to the primacy of my lease.
I will report CPM to the DVLA for breaching the terms of their KADOE contract, which requires that data is only accessed when there is a legitimate cause of action. Given that CPM has no enforceable claim against me due to my leaseholder rights, their request for my data was improper and unlawful.
Legal Precedent
The judgment in Jopson v Homeguard [2016] established that temporary stopping for purposes such as loading and unloading does not constitute parking and cannot be penalised under parking enforcement schemes. CPM’s actions in issuing the PCN are, therefore, legally baseless and further demonstrate a lack of proper understanding of leaseholder rights.
Notice of Counterclaim and Joint Liability
Should CPM attempt to escalate this matter by issuing a claim in the County Court, I will:
1. Defend the Claim: On the basis that the PCN was issued in contravention of my leaseholder rights.
2. Counterclaim for Damages: For distress and damages resulting from the misuse of my personal data and breach of GDPR under the Data Protection Act 2018.
3. Join [Housing Association] as a Defendant: As CPM’s principal, [Housing Association] is jointly and severally liable for their actions. I will hold [Housing Association] accountable for breaching my rights and enabling CPM’s unlawful conduct.
Demands
To resolve this matter without unnecessary escalation, I demand the following:
1. Immediate Cancellation of the PCN: [Housing Association] must instruct CPM to cancel the PCN and confirm this in writing.
2. Investigation into GDPR and DVLA Breaches: [Housing Association] must address CPM’s unlawful acquisition of my DVLA data and provide a formal response.
3. Written Confirmation of Leaseholder Rights: Acknowledge that my leaseholder rights remain unaltered and prevail over any subsequent parking enforcement measures.
Consequences of Inaction
If this matter is not resolved to my satisfaction within seven (7) days of the date of this letter, I will proceed with the following actions:
1. Escalation to the Housing Ombudsman: A formal complaint will be lodged with the Housing Ombudsman detailing [Housing Association]'s failure to respect my leaseholder rights and its improper introduction of a third-party parking enforcement scheme.
2. Legal Action: I will pursue legal remedies against both CPM and [Housing Association] for breach of contract, harassment, and GDPR violations. This will include CPM’s unlawful access to my DVLA data and its misuse, which will also be included in any subsequent legal claim.
Furthermore, as there is no mention in the lease of parking restrictions or any authority for a third-party parking company to issue Parking Charge Notices (PCNs) against my vehicle, I expect [Housing Association] to:
• Instruct CPM to whitelist my vehicle immediately.
• Ensure no further breaches of my leaseholder rights occur.
Should CPM issue any further PCNs against my vehicle in breach of my lease, I will not hesitate to take immediate legal action for each instance, including claims for compensation due to GDPR breaches.
I trust that you will address this matter promptly and ensure no further infringements occur.
Yours sincerely,
[Your Full Name]
[Your Contact Details]