Free Traffic Legal Advice

Subject: Response to your Letter of Claim Ref: [reference number]

Re: PCN at Sacred Heart Wimbledon, Edge Hill – VRM [reg] – LBC dated 04/09/2025

Dear Sirs,

1) Protocol non-compliance
Your Letter Before Claim contains insufficient detail and omits the key documents required to enable informed engagement. It fails to comply with the Pre-Action Protocol for Debt Claims (paras 3.1(a)–(d), 5.1–5.2) and the Practice Direction – Pre-Action Conduct and Protocols (PD-PAC), including the duty to exchange key documents before proceedings.

2) Documents required
Pursuant to PAPDC 5.1–5.2 and PD-PAC 6, provide in a single paginated PDF bundle:

(1) The original NtK (both sides) and all subsequent notices.
(2) The precise legal basis relied on (keeper liability under PoFA 2012 or driver liability) and strict proof of PoFA compliance, including the statutory warning and an identified period of parking.
(3) All photographs/ANPR images and full VRM [reg] in/out logs covering at least one hour either side of the material times, plus any manual checks.
(4) Contemporaneous photographs of the actual signs in situ on the material date, the full terms in readable close-ups, and a site plan showing location/number of signs and the entrance signage.
(5) An unredacted landowner contract/chain of authority showing your standing to offer contracts, issue PCNs and litigate in your own name at this site on the material date.
(6) Machine/payment records and audit logs for the relevant period (or confirmation none existed).
(7) A full breakdown of the sum claimed and the legal basis for any sums over the core PCN, identifying whether the principal is alleged consideration or damages and whether the £70 “debt recovery” add-on attracts VAT (and if so, on what basis).
(8) The name, role and regulatory status of the person with conduct of this matter.

3) Timing and hold
Given the late receipt of your LBC, confirm that the 30-day period runs from service of a compliant, document-supported LBC. In accordance with PAPDC 5.2, place the matter on hold for a minimum of 30 days after you have supplied the above.

4) Next steps
Upon receipt of a compliant Letter Before Claim and the requested documents I will seek advice and provide a substantive response within 30 days. If you issue proceedings prematurely, I will apply for a stay and appropriate sanctions for non-compliance, relying on Webb Resolutions v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments v Park West Club (Part 20) Buxton Associates [2003] EWHC 2872, and Charles Church Developments v Stent Foundations & Peter Dann [2007] EWHC 855, together with PD-PAC paras 13, 15(b)–(c) and 16 and PAPDC 7.2.

5) Address for service & data accuracy
Record the address after my signature as my address for service. If you hold any other address, rectify your records and confirm erasure of incorrect data.

Yours faithfully,

[Your name]

[Address for service]