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« on: December 02, 2025, 12:55:28 pm »
I have a received a claim form and a WP email from the solicitors
Dear ,
We act for the Claimant,
It is our position that the Letter of Claim ("LOC") is compliant with the Pre-Action Protocol for Debt Claims ("the Protocol"). The LOC provides adequate information for you to identify the debt that our Client is seeking to recover. We respectfully draw your attention to paragraph 2.1(c) of the Protocol and remind you that both parties are expected to act reasonably and proportionately.
When parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by parking and staying on the site. Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract.
The terms and conditions on the signs stated that parking was permitted for vehicles parked wholly within a marked bay. The vehicle was not parked within a marked bay as is demonstrated in the photographic evidence enclosed. The parking charge was issued correctly.
The amount owed is a genuine pre-estimate of the losses incurred in managing the parking location to ensure compliance with the clearly displayed terms and conditions. However, in Parking Eye Ltd v Beavis, it was found, both at County Court and Court of Appeal level, that appealing a Parking Charge on the basis that the amount is not a genuine pre-estimate of loss is, in fact, not a successful legal defence.
As payment was not made, either within 14 or 28 days, the creditor was entitled to instruct debt recovery agents and Solicitors to pursue payment and is entitled to recover the costs of doing so. It would have been made clear in the terms and conditions set out in the signs that additional enforcement costs may be incurred in the event of non-payment.
The Notice to Keeper was issued to you on 24/01/2025. A copy is attached. You were afforded the opportunity to; appeal the parking charge, transfer liability to the driver (if it was not you) or make payment. Neither a successful appeal, nor an adequate nomination were received, yet payment remains outstanding.
The Reminder Notice was issued to you on 07/02/2025. A copy is attached. This notice reiterated that payment was outstanding and confirmed that legal action may be taken, and additional costs incurred if the parking charge was not paid.
If there are any documents that you have requested, but that are not attached, it is because we have deemed the request to be disproportionate and/or not relevant to the substantive issues in dispute. We respectfully draw your attention to paragraph 2.1(c) of the Protocol and remind you that both parties are expected to act reasonably and proportionately.
WITHOUT PREJUDICE SAVE AS TO COSTS
Please note, the Claim was issued on [].
Our Client may be prepared to settle this Claim. I can confirm our Client would be agreeable to £215.00 in full and final settlement of the matter. The current outstanding balance is £266.20.
You now have 7 days from the date of this email to make payment of £215.00. Failure to make payment may result in the Claim proceeding to the next stage.
Payment can be made via bank transfer to our designated client account: -
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