Letter before Claim: Further and Better Particulars

Often when a claim form (N1) arrives there is little information on it to help a defendant identity the issue. This is especially true when the defendant was the Keeper and not the driver.  

It is advisable not to wait until the claim form arrives but to request more information at the Letter before Claim stage. This is often referred to as a Part 18 Request. An example letter you can use is as below but if you send it get proof of posting or an email trail to show it was sent. (We do not recommend giving these companies your email address. If you do email use one specifically for the claim

Draft "Part 18" Letter

Dear Sirs
 
Request for Further and Better particulars
 
Regarding the above and claim form, leading on from PCN xxxxxx it is necessary to ask for more information regarding a purported debt to yourselves. The Particulars of Claim do not meet the requirements of the Practice Directions 16.4 as there are woefully insufficient details for me to form a defence. As such, please answer the following questions. Please respond, in full, within 14 days. Failure to respond will be recorded and shared during any future court proceedings.
 
Standing to bring a Claim
 
1. Please identify the landowner.
 
2. Please confirm that the Claimant can demonstrate a clear chain of authority from the landowner either by way of a written authority contract, deed or lease.
 
a). That this/these document(s) is/are in the Claimant’s possession or if not when they will be.
b). That such document(s) are available for inspection and if not when they will be.
c). That copies of the document(s) can be provided and that the originals will be available at court.
 
Breach of Contract?
 
3. What is the basis of the claimants claim?
 
(a) An agreed contract?
(b) A breach of contract?
(c) Trespass?
 
4. If 3.a or 3.b, what is the claimant’s legal capacity to offer parking at the location? And how is that supposed contract created, by sign, by permit or by some other means.
 
5. If 4.c what is the claimant’s legal capacity if not the land-owner or lessee?
 
The Contract
 
6. If it is the Claimant’s case that their claim is based in contract and that such a contract was conveyed by way of signs displayed at the location please confirm the following:
 
a). That the Claimant is able to produce a copy of all the various signs at the location as they were on the date the PCN was issued, indicating the various text point sizes together with a map or plan showing where they are deployed on site.
b). A schedule of works/maintenance showing how and when such signs on-site were repaired, replaced and cleaned etc.
c) Full proof that the signage complied with the relevant Code of Practice on the date the PCN was issued.
 
Evidence of a Contract, Breach of Contract or Trespass
 
7. Please confirm whether it is the Claimant’s intention to adduce photographs and/or CCTV footage of the relevant event and:
 
a). That such photographs and/or footage is in the Claimant’s possession and if not when it will be?
b). That such photographs and/or footage are available for inspection and if not when they will be?
c). That copies of the photographs and/or footage can be provided and that all the originals will be available at court.
 
Additional Costs claimed
 
8. Please confirm that the Claimant has in his possession an analysis of the costs incurred that form the additional charges included in the claim and:
 
a). That copies of such an analysis and other attendant documents upon which the analysis is based are available for inspection and if not when they will be?
b). That copies can be provided of the analysis and attendant documents and that all original documents upon which the Claimant might seek to rely on in this respect will be available at court.
 
 
TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU. SERVICE WILL BE DEEMED TO HAVE BEEN EFFECTED ON THE SECOND BUSINESS DAY AFTER POSTING.
 
Yours sincerely,
 
The Defendant
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