DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 112402--------------------------------------------------
Re: Civil Enforcement - No permit - Sacred Heart Church Wimbledo
n
By: Keeper Date: March 7, 2026, 11:07 pm
---------------------------------------------------------
[quote author=DWMB2 link=topic=2323.msg112164#msg112164
date=1772722300]
Is this the first response you've received? If so, yes I would
do as you suggest, but also make clear that it has taken them 5
months to issue a 3 paragraph response that neither properly
engages with the issues you raised nor complies with the PAPDC.
You don't want to end up in an endless letter ping-pong, but if
you can create a clear paper trail that evidences their shoddy
conduct this is advantageous.
As ever feel free to show us a draft.
[/quote]
Yes this was the first response!
Planning to respond with the below, although I realised there is
no return address and I'm overseas so may just try sending via
email again, cc'ing myself.
_____________________
Dear Sirs,
I acknowledge receipt of your letter dated 26 February 2026.
Your response does not properly engage with the matters raised
in my previous correspondence and fails to provide the documents
specifically requested pursuant to the Pre-Action Protocol for
Debt Claims (PAPDC) and the Practice Direction - Pre-Action
Conduct and Protocols (PD-PAC).
1. Continuing Protocol Non-Compliance
In my previous correspondence I requested disclosure of key
documents required under PAPDC paragraphs 5.1-5.2 and PD-PAC
paragraph 6, in order to enable the parties to properly
understand the issues in dispute and to comply with the
objectives of the pre-action process.
Your response contains none of the requested material and
instead consists of a brief assertion that the Parking Charge
Notice was correctly issued. Such a response falls materially
short of the obligations imposed upon a creditor under the
Protocol.
For the avoidance of doubt, the requested documents remain
outstanding.
2. Failure to Meaningfully Engage
It is notable that your organisation has taken approximately
five months to produce a response comprising only a few
paragraphs which neither addresses the substantive issues raised
nor provides the documentation required to allow meaningful
engagement with the alleged claim.
This conduct does not comply with either the letter or the
spirit of the Pre-Action Protocol for Debt Claims or the
Practice Direction on Pre-Action Conduct, both of which require
parties to exchange sufficient information and documentation to
properly narrow or resolve disputes prior to litigation. Your
letter dated 26 February 2026 also fails to provide any address
for correspondence. This omission further undermines compliance
with the Pre-Action Protocol, which requires parties to provide
sufficient information to enable meaningful engagement and
response prior to the commencement of proceedings.
3. Requested Documentation
The documents previously requested remain outstanding, including
but not limited to:
the original Notice to Keeper and all subsequent notices;
strict proof of the legal basis of liability, including
compliance with Schedule 4 of the Protection of Freedoms Act
2012 if keeper liability is alleged;
all ANPR images, photographs and VRM logs relating to the
alleged incident;
contemporaneous evidence of signage in situ on the material date
together with a site plan showing sign locations and entrance
signage;
the unredacted landowner contract or chain of authority
establishing your standing to offer parking contracts and pursue
litigation at the site;
any payment machine records or audit logs relevant to the
alleged period; and
a full breakdown of the sum claimed, including the legal basis
for any amount above the core parking charge.
Until these documents are provided, it is not possible to
properly assess the basis of your claim or provide a substantive
response.
4. Reservation of Rights
We reserve the right to bring to the court’s attention, in any
proceedings you may commence, your apparent failure to disclose
information that is plainly central to your claim. We will
further contend that your unreasonable withholding of such
material amounts to a deliberate obstruction of the pre-action
protocol. In those circumstances, we will seek appropriate costs
sanctions against you.
Further, I expressly reserve the right to rely upon your
continued non-compliance with the Pre-Action Protocol when
addressing case management directions and any costs issues that
may arise should proceedings be issued.
5. Protocol Timing
As previously stated, the 30-day response period under the PAPDC
cannot properly commence until a compliant Letter Before Claim
supported by the requested documentation has been provided.
Should proceedings be issued without compliance with the
Protocol, I will invite the court to consider a stay of
proceedings to allow proper compliance, together with any
appropriate directions and sanctions.
6. Availability
Please note that I will be overseas until mid-April 2026. During
this period I will be able to respond only to email
correspondence. Any further communication should therefore be
sent electronically.
If you intend to pursue this matter, please provide the
requested documentation in a single paginated electronic bundle
so that the issues may be properly considered.
Yours faithfully,
Keeper
*****************************************************
DIR Previous Page
DIR Next Page