Free Traffic Legal Advice

Dear Sirs,

Re: Your Letters Before Claim – PCN References: [Insert both references]

I write in response to your Letters Before Claim concerning two alleged parking charges involving the same vehicle and location, on different dates. These appear to relate to substantially the same cause of action. Please be advised that any attempt by your client to issue multiple court claims for matters that should properly be addressed within a single set of proceedings would constitute an abuse of process. You are formally put on notice that I require these matters to be consolidated into a single claim, and I will apply for sanctions and costs should your client disregard this requirement.

I confirm that my address for service at this time is as follows, and I request that any outdated address be erased from your records to ensure compliance with your data protection obligations:

[Insert full foreign address]

The Data Protection Officers of both your client and BW Legal have been sent separate Data Rectification Notices with the necessary evidence.

I am permanently resident outside the jurisdiction of the courts of England and Wales. Should your client wish to pursue a claim, it must follow the correct procedure for serving proceedings outside the jurisdiction under Part 6 of the Civil Procedure Rules. Any attempt to issue a claim to a UK address previously associated with me, in the knowledge that I have provided a valid overseas address for service, will be treated as a deliberate attempt to frustrate service and may result in an application to strike out any proceedings as improperly served or to set aside any default judgment. Costs will be sought on that basis.

As both Letters of Claim are non-compliant with the Pre-Action Protocol for Debt Claims and the Practice Direction – Pre-Action Conduct. They lack the detail required under paragraphs 3.1(a)-(d), 5.1, and 5.2 of the Protocol and fail to enclose the documents that must accompany a compliant Letter Before Claim.

Accordingly, I require your client to provide the following information and documents, without which I am unable to consider my position:

1. A clear explanation of the cause of action
2. Whether your client is pursuing me as the driver or the keeper
3. Full particulars of the alleged contraventions, including the times, duration of stay, and how the sum claimed has been calculated
4. A copy of the signage terms that are alleged to have been breached
5. Photographs of the vehicle allegedly in breach of those terms
6. A copy of the contract with the landowner authorising enforcement at the material time, in accordance with the PPSCoP
7. A site plan showing the placement of all signs
8. Photographs of the signage in situ at the time of the alleged events, showing legibility (font size, contrast, positioning, height)
9. A detailed breakdown of the original charge, any interest applied, and all additional costs
10. An explanation of the £70 ‘debt recovery’ fee — whether VAT is included, and if so, on what basis VAT is being charged
11. Clarification of whether the principal charge is alleged as a contractual fee (consideration) or damages for breach

If your client does not provide this information, 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 Ltd v The Park West Club Ltd (Part 20) Buxton Associates [2003] EWHC 2872, and Charles Church Developments Ltd v Stent Foundations Ltd & Peter Dann Ltd [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 claims or consider my position in relation to them. It would be entirely premature — and a waste of both costs and court time — for your client to issue proceedings. Should your client do so regardless, I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and request that the court order disclosure of the missing information and consider costs sanctions.

Yours faithfully,

[Your Name]