Free Traffic Legal Advice

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 ?

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.

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]