What constitues a Letter Before Action
Discussion
Received a letter from solicitor (relating to an unpaid PPC ticket). It states that if I don't pay what they're asking within 14 days, the PPC may issue legal proceedings against me (as RK of the vehicle).
Is this sufficient wording to be a proper letter before action, or is it just more bluff and bluster at this stage? General advice seems to be that it should use the term "letter before action/claim". Not sure whether to keep ignoring or try and start contesting it at this stage (the 'offence' was nearly a year ago).
Is this sufficient wording to be a proper letter before action, or is it just more bluff and bluster at this stage? General advice seems to be that it should use the term "letter before action/claim". Not sure whether to keep ignoring or try and start contesting it at this stage (the 'offence' was nearly a year ago).
Annex A gives a good guide in the Pre-Action Protocols
http://www.justice.gov.uk/courts/procedure-rules/c...
My experience in small claims suggests that not following this exactly doesn't make a lot of difference to the outcome provided the judge doesn't think that there's been some unfairness that has arisen from not precisely following the rules.
http://www.justice.gov.uk/courts/procedure-rules/c...
My experience in small claims suggests that not following this exactly doesn't make a lot of difference to the outcome provided the judge doesn't think that there's been some unfairness that has arisen from not precisely following the rules.
CPR said:
2.1 The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –
(1) the claimant’s full name and address;
(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);
(3) a clear summary of the facts on which the claim is based;
(4) what the claimant wants from the defendant; and
(5) if financial loss is claimed, an explanation of how the amount has been calculated.
2.2 The letter should also –
(1) list the essential documents on which the claimant intends to rely;
(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;
(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and
(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.
2.3 Unless the defendant is known to be legally represented the letter should –
(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and
(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs.
(1) the claimant’s full name and address;
(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);
(3) a clear summary of the facts on which the claim is based;
(4) what the claimant wants from the defendant; and
(5) if financial loss is claimed, an explanation of how the amount has been calculated.
2.2 The letter should also –
(1) list the essential documents on which the claimant intends to rely;
(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;
(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and
(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.
2.3 Unless the defendant is known to be legally represented the letter should –
(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and
(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs.
mjb1 said:
Received a letter from solicitor (relating to an unpaid PPC ticket). It states that if I don't pay what they're asking within 14 days, the PPC may issue legal proceedings against me (as RK of the vehicle).
Is this sufficient wording to be a proper letter before action, or is it just more bluff and bluster at this stage? General advice seems to be that it should use the term "letter before action/claim". Not sure whether to keep ignoring or try and start contesting it at this stage (the 'offence' was nearly a year ago).
Keyword in bold, other keywords such as 'could' and 'might' may also be in that letter Is this sufficient wording to be a proper letter before action, or is it just more bluff and bluster at this stage? General advice seems to be that it should use the term "letter before action/claim". Not sure whether to keep ignoring or try and start contesting it at this stage (the 'offence' was nearly a year ago).
.Depends who the PPC is, as some are very litigious and some - well - bluff'n'bluster like this...
Which PPC is it? What has happened thus far (I guess that there hasn't been an appeal made to the PPC nor one to POPLA)?
PS they're not a solicitor as you or I think of a solicitor...
aw51 121565 said:
Keyword in bold, other keywords such as 'could' and 'might' may also be in that letter .
Depends who the PPC is, as some are very litigious and some - well - bluff'n'bluster like this...
Which PPC is it? What has happened thus far (I guess that there hasn't been an appeal made to the PPC nor one to POPLA)?
PS they're not a solicitor as you or I think of a solicitor...
Well, this letter is from a company that is regulated by the SRA, previous ones were just from your regular debt collection agencies. Story so far: .Depends who the PPC is, as some are very litigious and some - well - bluff'n'bluster like this...
Which PPC is it? What has happened thus far (I guess that there hasn't been an appeal made to the PPC nor one to POPLA)?
PS they're not a solicitor as you or I think of a solicitor...
About a year ago, a ticket was issued for parking on a beach (below high water mark), which is allegedly permit holders only. It's a relatively small parking enforcement company, not Parking Eye or one of the big ones. NTK was dated 62 days after the 'offence' and it was received after that. I think the guidelines are 28 to 56 days, so that looks late? Followed by the usual debt collection agency threats. All have been ignored, no correspondence entered into so far (I probably should have replied to point out/appeal based on the late NTK), but advice at the time was about 50/50 between ignoring and appealing, since it was when the big companies had just started small claims process against a few.
Went quiet about 6 months ago, then the other day this letter from a law firm received. They appear to be a one of the bigger firms that take on lots of this type of case, rather than your local 'family' solictor's firm. It says not to contact them directly, but to pay the DCA that had sent previous invoices. Now I'm starting to think that the small claims route has become a more popular avenue for the parking companies? Guess that they think they have a good chance of a default judgment, based on no response so far. Not sure whether to stay lying low, or start arguing it's validity at this stage? Must be well out of time for the regular appeals/POPLA routes by now.
speedking31 said:
If not a member of AOS then POPLA is not relevant.
Yes, they're on the list.7db said:
Annex A gives a good guide in the Pre-Action Protocols
http://www.justice.gov.uk/courts/procedure-rules/c...
My experience in small claims suggests that not following this exactly doesn't make a lot of difference to the outcome provided the judge doesn't think that there's been some unfairness that has arisen from not precisely following the rules.
http://www.justice.gov.uk/courts/procedure-rules/c...
My experience in small claims suggests that not following this exactly doesn't make a lot of difference to the outcome provided the judge doesn't think that there's been some unfairness that has arisen from not precisely following the rules.
CPR said:
2.1 The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –
(1) the claimant’s full name and address; N
(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable); Y, sort of, briefly
(3) a clear summary of the facts on which the claim is based; Y
(4) what the claimant wants from the defendant; and Y
(5) if financial loss is claimed, an explanation of how the amount has been calculated. N
2.2 The letter should also –
(1) list the essential documents on which the claimant intends to rely; N
(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this; N
(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and Y
(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see. N
2.3 Unless the defendant is known to be legally represented the letter should –
(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and N
(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs.Y
(1) the claimant’s full name and address; N
(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable); Y, sort of, briefly
(3) a clear summary of the facts on which the claim is based; Y
(4) what the claimant wants from the defendant; and Y
(5) if financial loss is claimed, an explanation of how the amount has been calculated. N
2.2 The letter should also –
(1) list the essential documents on which the claimant intends to rely; N
(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this; N
(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and Y
(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see. N
2.3 Unless the defendant is known to be legally represented the letter should –
(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and N
(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs.Y
On that basis, I think if a claim form dropped through your door after the letter timed out, it would be very hard to argue that you didn't know it was coming or with sufficient clarity what the claim was for, and therefore would be liable for the court fees on top if you lose the claim.
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