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Subject: Response to your Letter Before Claim Ref: [reference number]Dear Sirs,Your Letter Before Claim contains insufficient detail of the claim and fails to provide copies of the evidence you place reliance upon, putting it in clear breach of the Pre-Action Protocol for Debt Claims.As a serial litigator, one would expect you to comply with paragraphs 3.1(a)–(d), 5.1 and 5.2 of the Protocol, and paragraphs 6(a) and 6(c) of the Practice Direction. These provisions exist to facilitate informed discussion and proportionate resolution. You may wish to reacquaint yourselves with them.The Civil Procedure Rules 1998, Pre-Action Conduct and Protocols (Part 3), require the exchange of sufficient information to understand each other’s position. Part 6 clarifies that this includes disclosure of key documents relevant to the issues in dispute.Your template letter refers to a “contract” yet encloses none. That omission undermines the only foundation upon which your claim allegedly rests. It is not possible to engage in meaningful pre-litigation dialogue while you decline to furnish the very document you purport to enforce.I confirm that, once I am in receipt of a Letter Before Claim that complies with para 3.1(a), I shall seek advice and submit a formal response within 30 days, as required. Accordingly, please provide:1. A copy of the original Notice to Keeper (NtK) and any notice chain relied upon to assert PoFA 2012 liability. 2. A copy of the contract you allege exists between you and the driver, being an actual photograph of the sign(s) in place on the material date (not a stock image), together with a site plan showing the sign locations. 3. The precise wording of the clause(s) allegedly breached. 4. The written agreement between you and the landowner evidencing standing/authority to enforce and to litigate. 5. A breakdown of the sums claimed, identifying whether the principal sum is claimed as consideration or damages, and whether the £70 “debt recovery” add-on includes VAT. I am entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction, and I require it to meet my own obligation under paragraph 6(b).If you fail to provide the above, I will treat that as non-compliance with the PAPDC and Pre-Action Conduct. I reserve the right to place this correspondence before the Court and to seek appropriate sanctions and costs (including, where appropriate, a stay and/or other case management orders).Until you comply and provide the requested material, I am unable to respond properly to the alleged claim or to consider my position. It would be premature and a waste of costs and court time to issue proceedings. Should you do so, I will seek immediate case management relief pursuant to paragraph 15(b) of the Practice Direction and an order compelling provision of the above.Please note, I will not engage with any web portal; I will only respond by email or post.Yours faithfully,[Your name]
Can you show us the PCN from October 2024?If not, please tell us what you can and why it was issued.
You can respond to that LBC (LoC) as follows:QuoteSubject: Response to your Letter Before Claim Ref: [reference number]Dear Sirs,Your Letter Before Claim contains insufficient detail of the claim and fails to provide copies of the evidence you place reliance upon, putting it in clear breach of the Pre-Action Protocol for Debt Claims.As a serial litigator, one would expect you to comply with paragraphs 3.1(a)–(d), 5.1 and 5.2 of the Protocol, and paragraphs 6(a) and 6(c) of the Practice Direction. These provisions exist to facilitate informed discussion and proportionate resolution. You may wish to reacquaint yourselves with them.The Civil Procedure Rules 1998, Pre-Action Conduct and Protocols (Part 3), require the exchange of sufficient information to understand each other’s position. Part 6 clarifies that this includes disclosure of key documents relevant to the issues in dispute.Your template letter refers to a “contract” yet encloses none. That omission undermines the only foundation upon which your claim allegedly rests. It is not possible to engage in meaningful pre-litigation dialogue while you decline to furnish the very document you purport to enforce.I confirm that, once I am in receipt of a Letter Before Claim that complies with para 3.1(a), I shall seek advice and submit a formal response within 30 days, as required. Accordingly, please provide:1. A copy of the original Notice to Keeper (NtK) and any notice chain relied upon to assert PoFA 2012 liability. 2. A copy of the contract you allege exists between you and the driver, being an actual photograph of the sign(s) in place on the material date (not a stock image), together with a site plan showing the sign locations. 3. The precise wording of the clause(s) allegedly breached. 4. The written agreement between you and the landowner evidencing standing/authority to enforce and to litigate. 5. A breakdown of the sums claimed, identifying whether the principal sum is claimed as consideration or damages, and whether the £70 “debt recovery” add-on includes VAT. I am entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction, and I require it to meet my own obligation under paragraph 6(b).If you fail to provide the above, I will treat that as non-compliance with the PAPDC and Pre-Action Conduct. I reserve the right to place this correspondence before the Court and to seek appropriate sanctions and costs (including, where appropriate, a stay and/or other case management orders).Until you comply and provide the requested material, I am unable to respond properly to the alleged claim or to consider my position. It would be premature and a waste of costs and court time to issue proceedings. Should you do so, I will seek immediate case management relief pursuant to paragraph 15(b) of the Practice Direction and an order compelling provision of the above.Please note, I will not engage with any web portal; I will only respond by email or post.Yours faithfully,[Your name]
Subject: Letter of Claim response – [Your full name] – PCN [XXXXXXXXXX] – VRM [AB12 CDE]To: dataprotectionofficer@ce-service.co.ukDear Data Protection Officer,Please find attached my Pre-Action Protocol response to Civil Enforcement Limited’s Letter of Claim dated [insert date on the LoC] in respect of PCN [XXXXXXXXXX] (vehicle [AB12 CDE]).Your public “Contact Us” page does not provide an email address for your litigation/claims team. Accordingly, I am sending this to your published DPO address with the instruction that you must forward this email and the attached PDF to the relevant department or case handler without delay.Kindly acknowledge safe receipt by return email. If you contend this address is not monitored for pre-action correspondence, please state the correct service email and confirm that you have forwarded my response internally. Absent an acknowledgement, I will rely on the delivery record of this email and attachment as evidence of unreasonable behaviour should you commence proceedings without first engaging with my reasonable PAPDC request set out in the attached letter.For the avoidance of doubt, my attached letter sets out the information and documents required under the Pre-Action Protocol for Debt Claims and pauses the timeline accordingly.I look forward to your prompt acknowledgement.Yours faithfully,[Your full name][Postal address][Email]PCN: [XXXXXXXXXX] | VRM: [AB12 CDE]Attachment: LoC Response – [Your Surname] – PCN [XXXXXXXXXX].pdf
