Pre-Action Protocol for Debt Claims — non-compliance defence/strikeout
The Pre-Action Protocol for Debt Claims (effective 1 October 2017) requires creditors of unpaid debts owed by individuals (including sole traders) to send a Letter of Claim with specified prescribed information (PAP para 3.1; Annexes 1 & 2): full debt particulars, ledger, reply pack including reply form, financial statement, and information sheet. Failure to comply entitles the defendant to invite the court to stay the claim under PAP para 7.2 or order specific disclosure. Sanctions for non-compliance include costs penalties and adverse inferences. Many parking operators send a poorly-formed 'Letter Before Claim' that does not meet PAP requirements — a strong procedural defence.
Legal basis
Pre-Action Protocol for Debt Claims (October 2017) paras 3, 5, 7; CPR 3.1(2)(a) (court's powers to stay); CPR 44.3 (costs sanctions for PAP breach)
How to identify this in your case
Operator/debt collector has issued a Letter Before Claim or MCOL claim; Letter does not include the PAP-prescribed reply pack (information sheet, reply form, financial statement); ledger not particularised.
Sample appeal wording
Dear [OPERATOR/SOLICITOR], Re: Letter Before Claim dated [DATE] The Letter Before Claim does not comply with the Pre-Action Protocol for Debt Claims (October 2017). In particular: - Para 3.1 / Annex 1: full information about the debt, including amount, calculation of any interest, and how it can be paid — not provided / inadequate; - Para 3.1: a Reply Form (Annex 1), Information Sheet (Annex 2), Financial Statement form (Annex 3) — not enclosed; - Para 4: 30 days from the date of the Letter of Claim before issuing — not observed. Under paragraph 7.2 of the Protocol, if you issue proceedings without compliance I will invite the court to stay the claim and order specific disclosure, and to award costs sanctions under CPR 44.3. I require, within 30 days, a Letter of Claim that fully complies with the Protocol, including a complete reply pack, accompanied by a copy of any agreement / signage relied on, the full ledger, and disclosure of NTK / NTD service. The 30-day period runs from receipt of a compliant Letter of Claim, not from the defective letter. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Pre-Action Protocol for Debt Claims 2017
- CPR 3.1, 44.3