Free Traffic Legal Advice

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

Dear Sirs,

Your Letter Before Claim dated 29 July 2025 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.

I am currently seeking debt advice and, in accordance with the Pre-Action Protocol for Debt Claims, you are required to place this matter on hold for no less than 30 days from the date of this notification. This request is made pursuant to paragraph 7.2 of the Pre-Action Protocol for Debt Claims, which obliges the creditor to allow the debtor reasonable time to obtain advice.

Yours faithfully,

[Your name]

Subject: Your LBC – Ref [reference] — PAPDC non-compliance and limitation

Dear Sirs,

You have directed me to your portal. I am not obliged to use it. As already requested, please provide the documents by e-mail or post. Portal-only access does not satisfy the Practice Direction – Pre-Action Conduct and Protocols paras 6(a)–(c) and the PAPDC paras 3.1 and 5–6, which require you to supply key documents so I can take advice and respond.

Your assertion that a landowner agreement is irrelevant is misconceived. Your client’s standing/authority is a core issue; the agreement is a “key document” for the purposes of the Practice Direction. Please provide it, together with:

• the original NtKs relied upon (showing any PoFA compliance),
• contemporaneous photographs of the signage in place on each material date (not library images),
• the exact contractual term(s) allegedly breached,
• a proper breakdown of sums claimed and the basis in contract for any add-on(s).

The charge alleged for 02/09/2019 is now statute-barred under the Limitation Act 1980 (six years). Any claim issued would be defended and an application made to strike out, with a costs application for unreasonable conduct.

As to any “debt recovery” add-on, I do not accept that any further sum is owed. You are put on notice that any attempt to plead such an add-on will be challenged as an unenforceable attempt at double recovery.

I am seeking debt advice. In accordance with PAPDC para 7.2, the matter is on hold for at least 30 days from my notification. If you issue proceedings without first complying with the Protocol (including supplying the requested documents by e-mail or post), I will seek an immediate stay and costs.

Please confirm within 7 days that you will provide the documents by e-mail or post. I will then respond within 30 days of receipt in accordance with the Protocol.

Yours faithfully,