Author Topic: NTK from UKPC for not parking within Bay marking. Beckton Retail Park.  (Read 6118 times)

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As far as I recollect you need to acknowledge the letter and you need to reply denying any liability. Request the documents they are relying on and await the next communication.

Yes, from
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(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;
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(b) the defendant responding within a reasonable time – 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed

You can also note how the letter of claim fails to meet the relatively low bar of the procedure rules.

Can anyone help me with the drafting a response to the letter and where/how to respond?

I've attached the letter below again.

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I found this on the forum. Should I send this to info@dcblegal.co.uk?

Dear Sir/Madam,

Your Letter Before Claim contains 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.

As a firm of supposed solicitors, one would expect you to be capable of crafting a letter that aligns 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 do not exist for decoration—they exist to facilitate informed discussion and proportionate resolution. You might wish to reacquaint yourselves with them.

The Civil Procedure Rules 1998, Pre-Action Conduct and Protocols (Part 3), stipulate that prior to proceedings, parties should have exchanged sufficient information to understand each other’s position. Part 6 helpfully clarifies that this includes disclosure of key documents relevant to the issues in dispute.

Your template letter mentions a “contract”, yet fails to provide one. This would appear to undermine the only foundation upon which your client’s claim allegedly rests. It’s difficult to engage in meaningful pre-litigation dialogue when your side declines to furnish the very document it purports to enforce.

I confirm that, once I am in receipt of a Letter Before Claim that complies with the requirements of para 3.1 (a) of the Pre-Action Protocol, I shall then seek advice and submit a formal response within 30 days, as required by the Protocol. Thus, I require your client to comply with its obligations by sending me the following information/documents:

1. A copy of the original Notice to Keeper (NtK) that confirms any PoFA 2012 liability
2. A copy of the contract (or contracts) you allege exists between your client and the driver, in the form of an actual photograph of the sign you contend was at the location on the material date, not a generic stock image
3. The exact wording of the clause (or clauses) of the terms and conditions of the contract(s) which is (are) relied upon that you allege to have been breached
4. The written agreement between your client and the landowner, establishing authority to enforce
5. A breakdown of the charges claimed, identifying whether the principal sum is claimed as consideration or damages, and whether the £70 “debt recovery” fee includes VAT

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13, 15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Yours faithfully,

[Your name]

If it’s true and if you understand what it’s saying.

Otherwise don’t try and boil the ocean and follow the simple advice on the two replies above yours.

Im not fully sure if it all relates to be honest. The letter of claim is attached above if you want to have a look but i do think its the generic template one they send to everyone.

Anyone able to help me draft a quick response according to the advise given above. Thanks.

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You can also note how the letter of claim fails to meet the relatively low bar of the procedure rules

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As far as I recollect you need to acknowledge the letter and you need to reply denying any liability. Request the documents they are relying on and await the next communication.

Ive put the following response together with help from chatgpt. is this okay to send them or is it too much again?

Dear Sir/Madam,

I acknowledge receipt of your Letter of Claim.

I deny any liability for the alleged debt and dispute the claim in its entirety.

Your client is aware, from prior correspondence and appeal submissions, that liability is disputed on multiple grounds, including but not limited to:

- failure to comply with the strict requirements of Schedule 4 of the Protection of Freedoms Act 2012;
- absence of keeper liability;
- inadequate and non-prominent signage incapable of forming a contract;
- lack of strict proof of landowner authority;
- the unlawfulness and unrecoverability of the additional debt recovery sums.

In particular, your client’s Notice to Keeper failed to specify a “period of parking” as required by Schedule 4 Paragraph 9(2)(a) of the Protection of Freedoms Act 2012 and therefore cannot establish keeper liability.

For the avoidance of doubt, no admission is made as to the identity of the driver and no such inference may properly be drawn.

Further, your Letter of Claim fails to comply with the spirit and requirements of the Pre-Action Protocol for Debt Claims and CPR Practice Direction – Pre-Action Conduct because it does not provide sufficient detail or key documents required for a prospective defendant to properly understand and respond to the claim.

Accordingly, please provide the following documents and information:

1. A copy of the original Parking Charge Notice and Notice to Keeper;
2. All photographs relied upon;
3. Copies of the signage in place at the material time;
4. A site plan showing sign locations;
5. A copy of the contract or chain of authority between the landowner and UK Parking Control Ltd authorising parking enforcement and litigation;
6. Full particulars of the alleged contractual breach and cause of action;
7. A detailed breakdown of the sum claimed, including the legal basis for the additional £70 debt recovery charge;
8. Copies of all documents upon which you intend to rely in any proceedings.

Please also explain how the additional £70 has been incurred and how such sum is recoverable, given the repeated judicial criticism of attempts at double recovery in private parking claims.

Pending receipt of the above documents and information, I am unable to provide any further substantive response and require this matter to be placed on hold pursuant to the Pre-Action Protocol for Debt Claims.

In addition, I confirm that I am seeking debt advice and therefore require the matter to be placed on hold for not less than 30 days in accordance with the Protocol.

I require all future correspondence to be in writing.

Yours faithfully,

[Your Name]


Can anyone provide feedback on my response to the letter of claim above. Thanks

That'll do.

Please do not misuse the "Report to Moderator" function to bump your thread. This is a busy forum run entirely by volunteers who offer advice for free. Replies may not always be quick.

Thank you. Apologies, I genuinely thought I may be doing something wrong as I usually always get a response within a day.