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Private parking tickets / Re: BW LEGAL - LETTER OF CLAIMS
« on: March 29, 2026, 04:16:55 pm »
true!! is this better??
Subject: Response to Letter of Claim – Ref: X0932074 / PCN 6981720
Dear Sir/Madam,
I write in response to your Letter of Claim dated 23 March 2026.
1. Position on the claim
I do not accept your client’s claim.
2. Basis of dispute
The claim is denied in its entirety. My position is as follows:
(a) No keeper liability established
I am the registered keeper of the vehicle. I was not the driver at the time of the alleged contravention, and the driver has not been identified.
You are put to strict proof that your client has complied with all requirements of Schedule 4 of the Protection of Freedoms Act 2012. In the absence of full compliance, there is no lawful basis to pursue me as keeper.
For the avoidance of doubt, I am under no obligation to identify the driver, and I will not be doing so.
(b) Your Letter of Claim is non-compliant with the Pre-Action Protocol
Your Letter of Claim is deficient and fails to comply with the Practice Direction – Pre-Action Conduct and Protocols.
In particular, it fails to provide sufficient information to enable me to understand or properly respond to the claim. The following key information is missing:
* The precise legal basis of the claim (breach of contract, contractual charge, or otherwise)
* Copies of the contract relied upon, including signage terms
* Evidence of any alleged contravention
* Evidence of compliance with Schedule 4 of the Protection of Freedoms Act 2012
* A clear and lawful explanation of the additional sums added to the original charge
* Evidence of the identity of the driver (if alleged)
This is not a minor oversight. It is a clear failure to engage in the required pre-action exchange of information.
The Practice Direction requires parties to set out their case clearly and provide sufficient detail to allow the other party to understand the issues and make informed decisions. Your letter falls materially short of that standard.
3. Documents and information required
To comply with your obligations, you must now provide:
1. A fully compliant breakdown of the claim
2. All evidence relied upon (including photographs and signage)
3. Proof of PoFA compliance (if relied upon)
4. The legal basis of the claim
5. Justification for all additional sums
Until such time, the matter is not properly particularised.
4. Conduct warning
If you proceed to issue a claim without addressing the above deficiencies, I will:
* Bring your failure to comply with the Pre-Action Protocol to the attention of the Court;
* Seek appropriate sanctions and/or cost consequences;
* Rely on this correspondence as evidence of unreasonable conduct.
5. Conclusion
For the avoidance of doubt, I deny any liability to your client and will robustly defend any proceedings.
I expect a fully compliant response.
Yours faithfully,
Subject: Response to Letter of Claim – Ref: X0932074 / PCN 6981720
Dear Sir/Madam,
I write in response to your Letter of Claim dated 23 March 2026.
1. Position on the claim
I do not accept your client’s claim.
2. Basis of dispute
The claim is denied in its entirety. My position is as follows:
(a) No keeper liability established
I am the registered keeper of the vehicle. I was not the driver at the time of the alleged contravention, and the driver has not been identified.
You are put to strict proof that your client has complied with all requirements of Schedule 4 of the Protection of Freedoms Act 2012. In the absence of full compliance, there is no lawful basis to pursue me as keeper.
For the avoidance of doubt, I am under no obligation to identify the driver, and I will not be doing so.
(b) Your Letter of Claim is non-compliant with the Pre-Action Protocol
Your Letter of Claim is deficient and fails to comply with the Practice Direction – Pre-Action Conduct and Protocols.
In particular, it fails to provide sufficient information to enable me to understand or properly respond to the claim. The following key information is missing:
* The precise legal basis of the claim (breach of contract, contractual charge, or otherwise)
* Copies of the contract relied upon, including signage terms
* Evidence of any alleged contravention
* Evidence of compliance with Schedule 4 of the Protection of Freedoms Act 2012
* A clear and lawful explanation of the additional sums added to the original charge
* Evidence of the identity of the driver (if alleged)
This is not a minor oversight. It is a clear failure to engage in the required pre-action exchange of information.
The Practice Direction requires parties to set out their case clearly and provide sufficient detail to allow the other party to understand the issues and make informed decisions. Your letter falls materially short of that standard.
3. Documents and information required
To comply with your obligations, you must now provide:
1. A fully compliant breakdown of the claim
2. All evidence relied upon (including photographs and signage)
3. Proof of PoFA compliance (if relied upon)
4. The legal basis of the claim
5. Justification for all additional sums
Until such time, the matter is not properly particularised.
4. Conduct warning
If you proceed to issue a claim without addressing the above deficiencies, I will:
* Bring your failure to comply with the Pre-Action Protocol to the attention of the Court;
* Seek appropriate sanctions and/or cost consequences;
* Rely on this correspondence as evidence of unreasonable conduct.
5. Conclusion
For the avoidance of doubt, I deny any liability to your client and will robustly defend any proceedings.
I expect a fully compliant response.
Yours faithfully,