Free Traffic Legal Advice

Hello guys, just joined this forum as I have also received a letter of claim from BW Legal. Last year i overstayed parking by 1hr. This is completely my fault, and got a fine of 60GBP. However, as i was abroad at the time of the fine issuance, i was not aware of it. As a result, when I opened the letter from the post, the penalty had risen to 100GBP. I disputed this and it was still denied. BW Legal has now sent a letter of claim threatening CC action. Do i pay the fine or try to dispute based on the below email example (" insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon and thus is in complete contravention of the Pre-Action Protocol for Debt Claims...")?

I am in England, and the "driver" has not been named.

Thanks

Hello Dave,

Unfortunately I cannot find the original PPN, what are you trying to confirm - I have the PCN ref so I can still access the pics etc, but cannot upload a screenshot here?

Also can you confirm what LBC is?

Thanks

Thanks,

here it is:

thank you very much for this. is there perhaps a standard email format for this type of response I can get inspiration from?

or do i just take the wording here, and tweak it to my case?

appreciate the help

How is this? AI helped 

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.
As a matter of law, liability for a private parking charge rests with the driver unless the strict provisions of Schedule 4 of the Protection of Freedoms Act 2012 (“PoFA”) are fully complied with. (Lawble - Law Makes Sense)

Your client is put to strict proof that:
* A fully compliant Notice to Keeper was served; and
* All mandatory requirements of PoFA Schedule 4 were strictly adhered to.
It is well established that failure to comply with PoFA prevents any transfer of liability to the keeper. (knowyourparkingrights.org)
In the absence of such compliance, only the driver can be pursued. You have provided no evidence as to the identity of the driver, and I am under no legal obligation to name the driver. (ftla.uk)
Accordingly, your client has no lawful basis to pursue me as keeper.

(b) Strict proof required
Your Letter of Claim fails to provide sufficient detail as required under the Practice Direction – Pre-Action Conduct and Protocols. In particular, you have failed to provide:
* Evidence of the alleged contractual agreement
* Evidence of signage forming the alleged contract
* Evidence of PoFA compliance (including dates of issue/service of notices)
* Evidence of the driver’s identity (if alleged)
* A breakdown and legal basis for the additional sums added
Until such documents are produced, I am unable to properly understand or respond to your client’s claim.

(c) Failure to follow Pre-Action Protocol
Your correspondence appears to be a standard template and does not comply with the spirit or requirements of the Pre-Action Protocol, which requires parties to exchange sufficient information to understand each other's position and attempt to resolve matters without litigation.

3. Required action
In accordance with the Practice Direction, I require that you:
1. Provide all documents and evidence relied upon (as outlined above);
2. Confirm whether your client is relying on PoFA 2012 and, if so, demonstrate full compliance;
3. Confirm the cause of action (breach of contract, contractual charge, or trespass);
4. Provide a detailed breakdown of the sum claimed and justification for any additional costs.

4. Conduct warning
Should you proceed with litigation without addressing the deficiencies outlined above, I will draw your conduct and your client’s conduct to the attention of the Court, including your failure to comply with the Pre-Action Protocol.
I will also seek to rely on this correspondence when the Court considers the issue of costs.

5. Conclusion
For the avoidance of doubt, I deny any liability to your client and will robustly defend any proceedings issued.
I look forward to your substantive response.
Yours faithfully,


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,