Seminole vs Town and Country Parking

[Seminole]

Just had a "Notice to Owner" from these clowns.

 

I will generally speaking, ignore them but I want to put them on notice that I won't take any cr*p from them. I've therefore drafted this email. I would appreciate any comments, particularly whether the DPA Section 10 notice is relevant:

 

Dear Sir

 

I acknowledge receipt of your “Notice to Owner” reference TCX. I do not acknowledge any liability to company.

 

Your document is no more than a speculative invoice. Despite your reference to a “writ” and a “summons”, your only means of enforcement is through the county court. To do this you would have to establish that there is a contract in existence, that I am the person that you have contracted with and that the “amount outstanding” is not a disproportionate penalty. I do not believe that you are able to satisfactorily establish any of these things.

 

If you believe that you have a legally sound basis on which to proceed with this matter, then you are at liberty to commence proceedings in the county court. The address for the service of papers is **EDIT - PERSONAL ADDRESS **

 

I am aware, of course, of your company and how they generally deal with these matters. Rather than court proceedings I am expecting to receive an increasingly hysterical series of letters from you, debt collectors acting on your behalf and then solicitors before you give up. Please note the following:

 

1) I specifically deny you consent to process my personal data under Section 10 of the Data Protection Act (1998) or to pass my personal data to any third party. If you do so, I will make a complaint to the Information Commissioner and I reserve my legal rights in this matter.

2) I will not pay your invoice unless ordered to do so by a county court. In these circumstances, I regard any referral of this matter to a debt collection agency as harassment and I will deal with this accordingly by means of complaints to statutory and regulatory bodies and I reserve my legal rights in this matter.

 

Please note that I will deal with this matter in writing only as I require a written record of any communications between us.

 

Yours faithfully

Edited November 19, 2012 by citizenB

[Crocdoc]

Excellent letter but You have identified an address.

[DBC]

Is the PPC called "Town and Country" or "Town and City"?

[Seminole]

Is the PPC called "Town and Country" or "Town and City"?

 

Yes, you're right of course. Thanks

[lamma]

"Your references to a “writ” and a “summons” are misleading and erroneous. Your only means of 'enforcement' is through the a claim issued at the County Court. A claim is not a writ nor is it a summons. I regard such misleading information to also be aggressive and clearly in breach of, inter alia, The Consumer Protection from Unfair Trading Regulations". Have a look at http://www.consumeractiongroup.co.uk/forum/showthread.php?164651-Problems-That-PPC-s-Face which probably needs updating now.

[Seminole]

Yep, I thought that too. It's a nudge nudge wink wink suggestion that I could end up in front of a magistrates court.

 

I've no doubt that they will ignore my letter/ email and at that point I'll refer the summons issue along with other matters in their letter to Trading Standards and the OFT.

[Yukiko]

Your address is still visible.

[Seminole]

Cheers. Sorry I forgot about that.

[Yukiko]

It's fine. Wouldn't want T&C or any other untoward forces getting hold of your address, or start harassing you on the forums!

[Seminole]

T&C have come back to me stating that they will now proceed down the court route. I' quivering in my boots

 

Does anyone have a draft CPR enquiry that I can chuck at them?

[DBC]

That's a first! T&C have never done court. Probably just another empty threat.

[Crocdoc]

Don't worry about the court threats, these comapnies are fully aware that there is a queue from the Outer Hebrides to Portsmouth waiting to take them on. I have only ever had one of these invoices and invited T& C to raise an action and I have never heard from them since.

 

IGNORE THE THREATS.