Free Traffic Legal Advice

Dear Sirs,

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.

Furthermore, your client’s Notice to Keeper is not compliant with Schedule 4 of the Protection of Freedoms Act 2012, and no keeper liability is claimed. As such, your Letter Before Claim addressed to the registered keeper is legally baseless. You are attempting to pursue a party who is not liable in law, which constitutes a misuse of the pre-action process and would amount to an abuse of process should proceedings be issued.

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:

• A copy of the contract (or contracts) you allege exists between your client and the driver, including an actual photograph of the signage at the location on the material date, and evidence that the driver saw, read, and accepted those terms
• 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
• The written agreement between your client and the landowner, establishing authority to enforce
• 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.

Should your client proceed against the keeper despite the absence of PoFA compliance and any lawful basis for keeper liability, I will invite the court to strike out the claim as having no reasonable grounds and seek indemnity costs under CPR 27.14(2)(g).

Yours faithfully,

[Your Name]