This is what I have responded with:
Dear Sirs,
Your Letter Before Claim contains insufficient detail of the claim and fails to provide copies of
the evidence your client places reliance upon, putting it in clear breach of the Pre-Action
Protocol for Debt Claims.
As a supposed firm of solicitors, 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 “contractual licence to enter” yet does not enclose a contract.
That omission undermines the only foundation upon which your client’s 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 An explanation of the cause of action.
2 Confirmation of whether the claim is brought in contract or in trespass; and if in trespass, the
basis for it and the identity of the party with standing to bring it.
3 A copy of the original Notice to Keeper (NtK) and any notice chain relied upon.
4 The full details of the claim: where the vehicle is said to have been parked, for how long it is
said to have remained, and how the sum claimed arose and has been calculated, including
any interest or administrative charges added.
5 A copy of the contract you allege exists, including the date of the alleged agreement and the
parties to it; an actual photograph of the sign(s) in place on the material date (not a stock
image) showing their size, font size and mounting height; and a site plan showing the sign
locations.
6 The precise wording of the clause(s) allegedly breached.
7 Photographs said to show the vehicle parked in contravention of those terms.
8 The written agreement between your client and the landowner evidencing standing/authority
to enforce and to litigate, as required by the Private Parking Single Code of Practice.
9 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 is net or inclusive of
VAT; if the latter, an explanation of why I am being asked to pay your client’s 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 and will raise a formal complaint to the SRA regarding your 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 your client complies and provides 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.